Course Details & Syllabus
- Gain an understanding of the key changes and the associated implications that the GDPR and the UK Data Protection Act 2018 introduce to data protection.
- Gain an understanding of individual and organisational responsibilities under the GDPR and the UK Data Protection Act, particularly the need for effective record keeping.
- Be able to apply the new rights available to data subjects and understand the implications of those rights.
- Be able to demonstrate an understanding of the designation, position, and role / tasks of a data protection officer.
- Be able to prepare organisations to manage and handle personal data in compliance with the GDPR and the UK Data Protection Act.
- Explain the concepts of data protection and privacy.
- Describe the history of data protection in the UK.
- Illustrate how the wider territorial scope and jurisdiction of the GDPR impacts the processing of personal data by global organisations, including those who may not have a business (legal entity) established within the EU.
Principles of data protection and applicable terminology (5%)
- Interpret the major definitions in the GDPR and the Data Protection Act 2018. They should also be able to explain these definitions and identify what information and processing activities are subject to the GDPR.
Lawful bases for processing of personal data (5%)
- Illustrate the lawful bases to process personal data listed under (Article 6) of the GDPR. and as displayed below:
- Describe the conditions for processing special category data and the exemptions (Article 9).
Governance and accountability of data protection within organisations (20%)
- Identify the accountability and data governance obligation (Article 5 (2)).
- Describe the purpose of a Data Protection Impact Assessment (DPIA).
- Demonstrate the process of conducting a DPIA.
- Explain what a record of processing activity is, the information it should contain and why this is important (Article 30).
- Outline the interplay with privacy notices (Article 13 & 14).
- Demonstrate how to adopt a data protection by design and by default approach (Article 25).
- Identify suitable information security measures (Article 32).
- Explain the designation, position, and tasks of the Data Protection Officer (DPO) (Article 37 to 39).
Interaction between controller and processor, and role of third parties (10%)
- Explain controller and processor obligations and identify principles raised under key case law (Article 24 & 28).
- Describe the concept of joint controllership (Article 26)
- Describe the act of processing under the authority of a controller or processor (Article 29)
- Explain what a Data Processing Agreement is and when it would be necessary in a controller-processor arrangement.
- Identify who would be considered as a recipient or a third party and how this works in practice.
Transfers of personal data to third countries or international organisations (2.5%)
- Recognise the general principles for transferring personal data to third countries and illustrate what issues might arise.
Data subject rights (5%)
- Demonstrate a detailed knowledge of the key rights granted to individuals (Articles 12 to 17 and 21 to 22). Specifically, you will be able to explain data subject rights.
- Express awareness of the following rights in addition to the above. However, these will not be examined in the Practitioner Certificate.
- Restriction of processing (Article 18)
- Obligation to notify the rectification, erasure or restriction to recipients and the data subject (Article 19).
- Portability (Article 20)
- Demonstrate knowledge of the restrictions and exemptions that may affect data subject rights
- Restrictions (Article 23)
- Exemptions (Schedule 2 - Parts 1 to 4 of DPA 18)
The role of supervisory authorities (SAs) (7.5%)
- Explain the role and importance of supervisory authorities.
- Explain the Role of the Information Commissioner’s Office (ICO) as the UK SA.
- Describe the Role of the European Data Protection Board (EDPB) (Articles 64, 65 & 70).
Breaches, Enforcement and Liability (12.5%)
- Explain what constitutes a personal data breach
- Explain when the obligation arises to report breaches of personal data (Articles 33 & 34)
- Explain how a data protection complaint arises (Article 57 (1)(f))
- Describe the sanctions that could be imposed because of a personal data breach or data protection complaint:
- Identify the role of tribunal and judicial courts
Processing of personal data in relation to children (2.5%)
- Explain how data protection legislation applies to children.
Specific provisions in data protection legislation of relevance to public authorities (7.5%)
- Define the meanings of public authority and public body and how it relates to both DPA 18 and the GDPR (Section 7 of DPA 18).
- Explain the provisions relating to Data Protection Officers (DPOs) for public authorities.
- Explain awareness of the existence of the exemptions for health social work and education (Schedule 3, DPA 18).
Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 (5%)
- Explain the relationship between PECR and the GDPR, including PECR’s.
- Explain the status of PECR and the likely future development of this legislation.
Application of data protection legislation in key areas of industry (10%)
- Recognise the data protection implications of the Employment Practices Code.
- Describe how the use of CCTV (Data Protection Code of Practice for surveillance cameras and personal information) is governed by data protection law.
- Explain how data sharing practices are governed by data protection law
- Explain the exemptions for journalism and freedom of expression under data protection law
Type - Multiple choice
Number of questions – 40
Duration - 90 Minutes
Supervised - Yes
Open Book - No
Pass Mark – 26/40 (65%)