Legislation to introduce GDPR into UK law begins its journey through parliament

Legislation to introduce the requirements of the EU General Data Protection Regulation into UK law has had its first reading in the House of Lords.

The EU’s GDPR legislation is due to come into force on 25 May 2018 and will bring in stricter requirements for organisations that process data than are currently required under the Data Protection Act 1998. It will allow the Information Commissioner’s Office to levy fines of up to £17m or 4 per cent of global turnover on organisations that breach the rules.

The Data Protection Bill, which updated the Data Protection Act 1998 by incorporating the GDPR requirements, was introduced by Lord Ashton of Hyde, the culture, media and sports minister in the House of Lords.

Bills are typically not debated at their first reading but will be discussed by peers at the second reading, which is due to take place on 10 October.

In overview guidance, the government said the bill would implement the GDPR standards, but also provide clarity on the definitions used in the GDPR in the UK context.

The bill includes a number of modifications to the GDPR on areas in which the EU allowed individual countries to set their own policies, such as the age from which parental consent is not needed to process data online, which the bill sets as 13, and exemptions to the rules for academic research, financial services and child protection.

The Charity Commission had previously expressed concern about the GDPR’s requirements for processing sensitive personal data, particularly concerning someone’s criminal convictions, which say that only “bodies vested with official authority” can process such information.

It is unclear whether this would include the commission. The commission said that if it did not, this could impede its ability to regulate effectively.

But in a statement announcing the bill, the government said the bill would allow the processing of sensitive and criminal conviction data without consent “where it is justified”, suggesting the commission would be able to do so.

“Organisations which already operate at the standard set by the Data Protection Act 1998 should be well placed to reach the new standards,” the guidance document says.

“The bill will mean that UK organisations are best placed to continue to exchange information with the EU and international community, which is fundamental to many businesses.”

It said the Information Commissioner was already working to help businesses comply with the new law from May 2018 and would be taking “a fair and reasonable approach” to enforcement after it enters the statute book.

In a statement on the ICO website, Elizabeth Denham, the Information Commissioner, said: “The introduction of the Data Protection Bill is welcome as it will put in place one of the final pieces of much-needed data protection reform.

“Effective, modern data-protection laws with robust safeguards are central to securing the public’s trust and confidence in the use of personal information within the digital economy, the delivery of public services and the fight against crime.”

She said she would provide her own input as necessary during the legislative process.

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St Andrew’s Healthcare begins digital transformation plan

The mental health charity is to oursource its IT function to the company Advanced in a multimillion-pound deal

The mental health charity St Andrew’s Healthcare has embarked on a multimillion-pound digital transformation project, the charity has confirmed.

It said the digital transformation programme would be rolled out at the charity over the next five years.

The full cost of the programme was not disclosed, but it is understood to be worth several million pounds.

The programme will see the charity outsource its IT to the IT firm Advanced, and the company will take over all of the charity’s digital services.

The first phase of the programme will focus on mitigating external security risks, with Advanced overseeing the management of the charity’s existing infrastructure.

This will be followed by a change-management plan focused on digital transformation, providing mobile technology to help staff, patients and their families, and enabling suppliers to have secure access to the charity’s systems while protecting core systems.

Leslie Ross, director of business change and IT at St Andrew’s Healthcare, said: “The whole world has changed, especially over the past two years, which have seen cyber security become front-line news. Some industries, such as financial services, are geared up for this evolution, but the rest of the world is still hugely vulnerable.

“It’s time for us to step up to ensure we mitigate future risks, while becoming more mobile, agile and connected, as well as meeting St Andrew’s strategy and digitisation plans.”

Roy Wood, managing director of Advanced, said: “As a forward-thinking mental healthcare charity living in a digital world, St Andrew’s has recognised the importance of reimagining its organisation in order to meet staff, patient and regulatory expectations.

“Putting its faith in Advanced is testament to the success we’ve achieved in advising and transitioning other healthcare organisations.”

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Government begins advertising for next Charity Commission chair

The successful candidate will replace William Shawcross, whose term comes to an end later this year

The government is advertising for applicants to be the next chair of the Charity Commission.

The successful applicant will replace William Shawcross, who is leaving later in the year having been in post since 2012.

The advertisement for the vacancy, which is published through the Centre for Public Appointments, says the successful applicant will be paid £62,500 a year and will work two-and-a-half days a week.

By comparison, Shawcross works three days a week on a £50,000 annual salary. 

The advert says the successful candidate must be able to support the organisation “through a period of significant change and cultural development in either the private or charity/not-for-profit sector”.

The person will be responsible for leading the regulator’s board in setting the commission’s strategic priorities and policy direction over the next three years, it says.

This is likely to include the subject of the regulator charging charities for its services, something the regulator has been edging towards in recent years and on which it is soon due to launch a consultation.

The successful candidate must be able to demonstrate they can be an “accessible and engaging ambassador” for the organisation and “influence high-level stakeholders within government and in parliament, the media, the charity sector and the business world”.

The person must also have an understanding of and interest in the charity sector, “including an awareness of the multifaceted challenges it faces resulting from changing social and economic circumstances”. 

Applicants will be scrutinised by a four-member panel comprising Sue Owen, permanent secretary at the Department for Digital, Culture, Media & Sport, and chair of the panel; Lord Kakkar, chairman of the Judicial Appointments Commission; Julia Unwin, chair of the Independent Inquiry into the Future of Civil Society; and Alan Downey, who is described in the job advert as an “other panel member”. 

Whoever is appointed will also have to attend a pre-appointment hearing before the Culture, Media & Sports Select Committee.

Shawcross, a journalist and writer, has been a controversial chair of the Charity Commission because of comments he has made on issues including chief executive pay and charging charities to fund the regulator.

In 2012, three of the seven MPs on the Public Administration Select Committee of the time opposed his appointment because of concerns about his political impartiality, citing previous support of the Iraq war and the Conservative Party.

The closing date for applications is 3pm on 22 September, and the successful applicant will be expected to serve a term of up to three years.

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Regulator begins talks about coordinated responses to domestic disasters

The Charity Commission says it hopes to bring together sector leaders ‘as a matter of urgency’

The Charity Commission has begun talks with sector organisations about providing a more coordinated response to major disasters in the UK.

Hundreds of fundraising appeals have been set up in response to the Manchester and London Bridge terrorist attacks and the Grenfell Tower fire, but concerns have been raised about the legitimacy of some of them, particularly those created on fundraising platforms.

JustGiving said last week that more than 250 fundraising pages had been set up on its website to help victims of the Grenfell Tower fire. It added that it would hold on to the funds to ensure that all of the money reached those in need.

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Residents in Kensington and Chelsea have also criticised the lack of a joined-up response to the Grenfell Tower fire disaster despite the efforts of local people, community groups and national charities including the British Red Cross, Islamic Relief and Muslim Aid.

In an opinion piece written for Third Sector on Friday, Sarah Miller, former head of press and public affairs at the Charity Commission and now a communications consultant, said the charity sector should create a domestic equivalent of the Disasters Emergency Committee, which brings together 13 international aid organisations in times of crisis overseas.

She said that having a permanent Domestic DEC secretariat would allow an appeal to be launched swiftly and money distributed from a central point to a wide range of local charities.

The Charity Commission tweeted in reply to Miller’s article:

The commission said in a further statement issued on Friday: “We have begun early talks with established charities with experience of responding to disasters to consider ways of ensuring a coordinated, swift, expert response if and when there are further tragedies.

“We will be looking to convene sector leaders as a matter of urgency when we have all been able to provide the immediate help and support that is required in west London.”

A spokesman for JustGiving said that it had been approached by the Charity Commission about taking part in the discussions.

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