BWB highlights

The Data Protection Act 2018 has received royal assent and is now in force. The Home Office and Department for Culture, Media and Sport have published various pieces of guidance related to different types of data processing.

This week’s Briefing covers the period from 21st May to 1st June.


At a glance

The Information Commissioner’s Office has published guidance on the right to be informed and on automated decision making and profiling.

The government has announced people at risk of a mental health crisis will be able to access new support services under plans to give projects across the country a share of a £15 million “Beyond places of safety” fund.

The government has appointed four industry champions to expand the dormant assets scheme across insurance and pensions, banking, investment and securities.

New Philanthropy Capital has published “Diversity in governance: the what, why and how.

The Office of the Scottish Charity Regulator is to open its board meetings up to the public.


Charity Commission

CC News

The latest edition of CC News was published on 24 May.

GDPR

The Commission has published a privacy notice about how it processes personal data when an application has been made for a waiver from automatic disqualification and a privacy notice relating to applications for registration as a charity.

CC website updates

A new pdf version of the Trustee Welcome Pack has been added to the Commission’s website.

Recent statements on live cases have been added to the CC’s decisions page.

CC Board

The term of Mike Ashley has been extended for 2 years, commencing on 1 November 2018.


General

Civil Society Media has published this summary of charity responses to the Government’s consultation on a civil society strategy.

The Living Wage Foundation has launched an action plan to tackle the “race to the bottom environment” caused by government funding cuts. In a report published last November, the Living Wage Foundation revealed that more than a quarter of charity workers are paid below the real living wage and that government funding cuts is one of the biggest barriers to paying the real living wage. The action plan encourages funders to sign up to the Friendly Funders scheme and asks charities that pay the real living wage to publicly champion it, using the Living Wage badge in publicity materials. You can read the action plan here.


Data protection

Data Protection Act 2018

The Data Protection Act 2018 (DPA 2018) has received royal assent and is now in force. The Home Office and DDCMS have also published various pieces of guidance related to the DPA 2018 providing guidance on different types of processing.

The Information Commissioner’s Office (ICO) have published their guidance on the right to be informed. The guidance covers what privacy information should be provided to individuals and when it should be provided; it also covers drafting privacy information and how this should be provided to individuals whose personal data is being processed and testing, reviewing and updating privacy information. The guidance also covers instances of the right to be informed in practice. This guidance should be read alongside the ICO’s Guide to the GDPR.

The ICO have launched their ‘Your Data Matters’ campaign which intends to increase public confidence in how data is used and made available.

GDPR

The ICO have updated their Guide to the GDPR. They have published guidance on automated decision-making and profiling which considers what automated decision-making and profiling is, when this type of processing is to be carried out, and the applicability of Article 22 GDPR to processing. They have updated sections within the guidance on data protection by design and default, codes of conduct and certification.

ICO fines

The University of Greenwich has been fined £120,000 by the ICO. It has been found that they had allowed a ‘serious’ security breach involving personal data; this data included contact details of around 19,500 people including students, staff and alumni. Around 3,500 people whose personal data has been released contained sensitive data such as extenuating circumstances, details of learning difficulties and staff sickness records; all of which were published online.

Bayswater Medical Centre has been fined £35,000 by the ICO. It found that highly sensitive patient medical information was placed in an empty building; medical records, prescriptions and patient-identifiable medicine was left unsecured in this building for more than 18 months.

A former recruitment consultant has been fined £355 for unlawfully taking personal data from his employer when he left his job to set up his own rival business.

Consultation on ICO powers to fine company directors for nuisance calls

The government has published proposals to empower the Information Commissioner's Office (ICO) to impose civil penalties of up to £500,000 on directors of companies in breach of nuisance call rules under the Privacy and Electronic (EC Directive) Regulations 2003 (SI 2003/2426) (PECR). Under the proposals, if the company has multiple directors then each could be liable for a fine. The government has said that current measures have failed to eradicate nuisance calls with over 130,000 concerns being reported to the ICO in 2017. A particular problem is the practice of companies avoiding the fines by dissolving the company at the point they are issued with a fine, only to re-emerge under a new name. According to the ICO, of the 27 fines issued between April 2015 and the end of 2017, only nine have been paid in full. The consultation runs until 21 August 2018.


Fundraising

Changes to Code of Fundraising Practice

The Fundraising Regulator’s updates to the Code of Fundraising Practice, which have been made to incorporate the General Data Protection Regulation’s (GDPR) changes to UK law, have taken effect as of May 25th.

Fundraising Preference Service

Last week the Fundraising Regulator announced that 76,000 leaflets promoting the Fundraising Preference Service were arriving in doctors’ surgeries across England, Wales and Northern Ireland. The 12-week campaign forms part of the Regulator’s efforts to ensure that people who want more control over the communications they receive from charities, particularly those in vulnerable circumstances or their families, are aware of how to use the Fundraising Preference Service to deal with unwanted communications from charities. The leaflet includes information about how the Fundraising Preference Service works, as well as more detail about the Fundraising Regulator. The leaflet also provides an update on FPS sign ups, confirming that over 5,000 people have already used the service to prevent one or more charities from getting in touch with them by phone, mail, email or text. The campaign will run from May to August.


Education

Schools

To cut down recruitment costs, government has launched a free website to advertise teaching vacancies and a nationwide deal for headteachers from September 2018 – developed with Crown Commercial Service – providing them with a list of supply agencies that do not charge fees when making supply staff permanent after 12 weeks.

Higher education

See under Data protection, ICO fines above.


Health

See under Data protection, ICO fines above.

The government has announced people at risk of a mental health crisis will be able to access new support services under plans to give projects across the country a share of a £15 million “Beyond places of safety” fund.


Social finance

The government has appointed four industry champions to expand the dormant assets scheme across their respective sectors. The four industry champions are:

  • Insurance and Pensions Industry Champion - Kirsty Cooper, group general counsel and company secretary at Aviva
  • Banking Industry Champion - Simon Kenyon, managing director of consumer banking at Lloyds Banking Group
  • Investment and Wealth Management Champion - William Nott, strategic adviser to M&G
  • Securities Champion - Robert Welch, group company secretary at Tesco

The Financial Conduct Authority (FCA) is consulting on new proposals to benefit overdraft and high-cost credit users, following an in-depth review into the high-cost credit market. The FCA’s proposals centre on overdrafts, rent-to-own, home-collected credit & catalogue credit and store cards. Key proposals include:

  • mobile alerts warning of potential overdraft charges
  • stopping the inclusion of overdrafts in the term 'available funds'
  • consideration of a price cap on rent-to-own prices. It will now carry out the detailed assessment of the impact that a cap could have on the rent-on-own sector and how it might be structured.

The consultation also considers where the FCA can work with others to influence developments, in particular to address barriers to the development of lower‑cost alternatives. They are looking at the role of local authorities and registered social landlords (RSLs) as direct providers of furniture and household goods, and the development of credit unions or CDFIs as alternative lenders, including access to sustainable capital.


Social enterprise

Applications are now open for the 2018 UK Social Enterprise Awards. The Awards recognise organisations for their business excellence and contribution to society, as well as the achievements of people working at the heart of the sector. All social enterprises can apply, and there are a total of 14 categories including a new 'Employee Engagement' Award.


Rehabilitation of offenders

The Justice Minister has outlined plans for new Secure Schools.


Volunteering

We are mid way through Volunteers’ Week. To mark the week Stuart Etherington has written a blog “Why charities should diversify their volunteering opportunities”.


Scotland

Public Trust surveys

The Office of the Scottish Charity Regulator (OSCR) has published the results of two stakeholder surveys to see how attitudes towards charities compared to 2016. OSCR says that the results show that the public’s score for trust in charities has remained the same since 2016 and confirms support from both the public and charities for the Scottish Charity Regulator and its work.

In the reports, independent research organisation Progressive presents the views of 1,000 members of the public and 1,200 charity representatives as well as findings from public focus groups and in-depth telephone interviews with charities. The reports are available on OSCR’s website.

Open Board Meeting

OSCR is to open its board meetings up to the public.


Northern Ireland

The Charity Commission for Northern Ireland (CCNI) has announced that it has opened a statutory inquiry into Rehabilitate Youth Ireland (NIC 101040) relating to concerns about the governance and administration of the charity. The charity is currently in default of its legal obligations to provide accounts and reports to CCNI. The regulator has appointed Deloitte (NI) Limited as interim manager of the charity as a temporary protective measure.


Christine Rigby photo

Christine Rigby

Senior Consultant

T
+44(0)20 7551 7712

E
c.rigby@bwbllp.com
View full information about Christine Rigby

Posted on 07/06/2018 in Legal Updates

Back to Knowledge