Intelligent CIO Africa Issue 11 | Page 29

TALKING BUSINESS T he General Data Protection Regulation is a piece of legislation that was approved and put in place by the European Parliament in April 2016. As European Law, it will fully take effect after a 2-year transition ending 25 May 2018; it will impact not only the UK and the member states of the EU but countries that are trading with the EU. As a result, there are questions that require answering; namely how do you comply and when can you transfer data? When can personal data be transferred outside the European Union? Personal data may only be transferred outside of the EU in compliance with the conditions for transfer. A transfer of personal data to a third country or an international organisation may take place where the commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question, ensures an adequate level of protection. You may transfer personal data where the organisation receiving the personal data has provided adequate safeguards. Individuals’ rights must be enforceable and effective legal remedies for individuals must be available following the transfer. Complying with the regulation In compliance with GDPR, organisations must ensure measures have been taken to minimise risk and the chance of data breach. These processes and policies will also ensure organisations are accountable and can be governed; part of the ICO guidelines on GDPR says organisations must “Implement appropriate technical and organisational measures that ensure and demonstrate compliance.” If firms do not comply with the regulations that are put forward by GDPR, they can be subject to hefty fines. Both the data controller and the data processor will be subject to fines, with the regulatory bodies of each country working in tandem to establish the appropriate measures to take. Furthermore, companies of all sizes will be subject to punishment for non-compliance. Recently, the Spanish authorities fined Facebook for having inadequate data sharing policies, the fine totalled 1.2 million euros. Facebook was found guilty of ‘not adequately collecting the consent of either their users or non-users’. PoPI vs GDPR GDPR operates in a similar vein to the Protection of Personal Information Act (PoPI) altering the scope of data protection, management and governance in South Africa. PoPI, simply put, is legislation that protects a person’s right to privacy and the measures that must safeguard their personal information when it is processed by a responsible party. The eight principles governing the protection of personal information – during its processing and use – against loss, damage and its unlawful or unauthorised access, processing and destruction are summarised as following: • Accountability • Processing limitation • Purpose specification • Further processing limitation • Information quality • Openness • Security safeguards • Data subject participation PoPI requires effective data management structures Various delays in passing drafts and awaiting feedback have so far led to adherence to the PoPI regulations being low on the priority list for organisations. The data management that PoPI requires, however, should already be in place, according to Claude Schuck, Regional Manager for Africa at Veeam. www.intelligentcio.com T he Protection of Personal Information Act (PoPI) will fundamentally change how companies store, process and use personal customer data. And even though it has not yet officially been implemented, organisations have been steadily working on ensuring their compliance to avoid future penalties. But with the one-year grace period soon to begin, are businesses taking it seriously enough and starting to act? Part of the problem is the fact that while PoPI has been signed into law in 2013, delays in passing draft regulations and getting feedback have resulted in some organisations putting a low priority on their adherence to the act. However, the requirements to comply with PoPI are comprehensive. For businesses yet to act, fortune had been on their side. In August, the Information Regulator published draft regulations and issued a call to all interested parties to provide comments. The deadline for feedback was 7 November, signifying one of the final steps before PoPI comes into effect and the grace period can start. Despite this, the hype cycle around PoPI seems to ebb and flow as the media attention grows and dissipates. In certain respects, the growth of data and the pressure to have it always- on and available, combined with a INTELLIGENTCIO 29