The PDPO and Your Business
There is no better time or place than now to take an interest in finding out more. The PDPO defines “personal data” as any information pertaining to an individual which allows their identification either directly or indirectly, such as: (i) their name; (ii) nationality; (iii) address; (iv) contact details and (v) other data which relates to physical, mental or emotional wellbeing of an individual. Personal data encompasses medical records, insurance policy details, credit card or bank account numbers; furthermore the PDPO stipulates that such personal information must be processed lawfully, fairly and transparently – this means obtaining it only for its specified use without additional use; being accurate; not being disclosed without consent of individual; and being retained no longer than necessary to achieve its purpose.
As soon as a data breach occurs, it is crucial that its responsible party informs affected individuals within 72 hours. This notification must include information regarding its nature; which categories of personal data were affected and who is responsible. This enables affected individuals to take steps necessary to protect their rights and interests.
The PDPO not only regulates personal data processing but also serves as a legal basis for enforcement action against breaches. Penalties include fines and imprisonment. Furthermore, there is compensation available to victims under this act.
As such, it is crucial that your business implements sufficient security measures. This will not only mitigate risk associated with data breaches but can also give your defense team a stronger position should someone bring an action against your business.
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