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6023 results in Facet Publishing

Page 98 of 302

  • 5 - Data protection: rights of data subjects

  • Edited by Rachael Maguire
  • Book:
    Information Rights for Records Managers
    Published by:
    Facet
    Published online:
    01 June 2019
    Print publication:
    28 September 2018, pp 99-120

  • Summary

    This chapter includes the types of requests that data subjects can make relating to data held and processed by a data controller and data processor. The basics of data protection are covered in Chapter 4 and the types of enquiries likely to be raised by staff, including data protection impact assessments and transfers outside the EU, are covered in Chapter 6.

    Introduction

    This chapter covers the types of requests that you are likely to deal with as a Data Protection Officer (DPO) or in helping the DPO at your organization.

    Individuals have been able to request data about themselves under the Data Protection Act (DPA). This right is strengthened in the General Data Protection Regulations (GDPR), although there is now also the pos - sibility of refusing a request if it is manifestly unreason able, which was not available in the DPA. Under the DPA, you had 40 days to respond.

    Data subjects also had the right to get their incorrect information corrected or deleted under the DPA if the data controller did not have a reason to keep it. Data subjects could also object to marketing or automated processing. You had 21 days to respond to these types of requests under the DPA. These rights have also been strengthened in the GDPR and a right to data portability (see below) has been added.

    Under the GDPR, all requests from data subjects must be responded to within one month. At the time of writing, there is no guidance as to what this length of time is in days. In UK law, there is a definition of a month, as given in Halsbury's Laws of England:

    When the period prescribed is a calendar month running from any arbitrary date the period expires with the day in the succeeding month immediately preceding the day corresponding to the date upon which the period starts: save that, if the period starts at the end of a calendar month which contains more days than the next succeeding month, the period expires at the end of the latter month.

    So it could mean you have 28 days to respond in February, 31 days in March and 30 days in April, unless you receive the request on 31 March, which gives you only until 30 April to respond.

  • 10 - Resources

  • Edited by Rachael Maguire
  • Book:
    Information Rights for Records Managers
    Published by:
    Facet
    Published online:
    01 June 2019
    Print publication:
    28 September 2018, pp 189-192

  • Summary

    Introduction

    You cannot do the jobs of Data Protection and Freedom of Information Officer without outside help. You'll need to pay attention to the guidance produced by the Information Commissioner's Office (ICO) and Scottish Information Commissioner (SIC). Even if you are not subject to the SIC, it is worth keeping an eye on its decisions, as the ICO will be doing so. If you have not already done so, you also need to read the legislation itself. I also recommend reading the decision notices relating to exemptions and exceptions that you are planning to use.

    Legislation

    The UK Freedom of Information Act (FoIA), 1998 and 2018 Data Protection Acts (DPAs), Environmental Information Regulations (EIR) and all the other Regulations are available through the legis - lation.gov.uk website. The Scottish legislation is available there as well. A web search on any of this legislation should bring up the direct link to it on this website.

    The General Data Protection Regulation (GDPR) and other EU legislation are also available on the EUR-Lex.europa.eu website, but only as a hard-to-navigate HTML site or PDF. A better link to the GDPR is available here: https://gdpr-info.eu/. This separates out the Articles and Recitals as separate links, grouped by theme and Chapter, and makes the document so much easier to navigate.

    You can also find the debates in the Houses of Lords and Commons relating to the 2018 DPA on the UK Parliament website. The 2018 DPA does not contain the text of the GDPR, so you will need access to both.

    Guidance

    For UK guidance on Data Protection, FoI and the EIR, go to the ICO's website: www.ico.org.uk. The guidance is split between what the public need to know and what organizations need to know. The ICO also has a helpline, including one specifically for small organizations, although I have tended to find that this is not very helpful if you have a question relating to something for which there is no case law.

    For Scottish organizations, this type of guidance is available from the SIC website: www.itspublicknowledge.info/home/ScottishInformation Commissioner.aspx. Although the advice is specific to Scottish legislation, it is worth checking out if you are using a similar exemp - tion/exception in UK law to see if the argument you are making has been rejected by the SIC.

  • 1 - Valuing oral and written texts in Malawi

  • Michael Moss, David Thomas
  • Book:
    Do Archives Have Value?
    Published by:
    Facet
    Published online:
    02 October 2019
    Print publication:
    28 September 2018, pp 1-16

  • Summary

    Introduction

    The arrival of missionaries in the 1860s marked the beginning of literacy in Malawi (formerly Nyasaland). Planters and traders followed after the missionaries before the colonial administration was established in 1891. A large proportion of the country's historical records therefore comprises records of churches, early planters, traders and both colonial and post-colonial administrations. For many decades, and while preserved in the National Archives of Malawi, these records of continuing value have served different people – those who actually consulted them and those who, interestingly, never consulted them but exerted control over them. It is worth noting that prior to the arrival of the missionaries Malawi was exclusively an oralbased society – and still is, generally. As this chapter will demonstrate, from time immemorial people have ascribed value to both oral and written texts in Malawi, and this has been the case for various reasons.

    Value of oral and written texts during the pre-colonial era

    In general, public functions within a tribal society were carried out by the chief, the chief's councillors, court assessors, village headmen, messengers, initiation teachers and priests. Since all able-bodied men would be called up to fight when war broke out or when a raid had been planned, the men constituting the tribal army would also be considered as public servants of the tribal government. Continuity in the native public service was made possible by a succession of new officials to replace those who had retired or died. Mitchell (1951), Wilson (1972) and Phiri (1975) agree that successors to chiefly or ritual titles and senior advisors to chiefs were given formal instructions orally about their duties and responsibilities by their retiring predecessors. The handing- and taking-over briefs between the retiring and incoming officials were not written but oral, and were memorised by the incoming officials. In this way information about various public offices was preserved in the minds of serving public officials and passed on to succeeding generations.

    Biabaku (in Phiri, 1975), Wilson (1972), Pachai (1972) and Phiri (1975) distinguish between official historical information and general community historical information in the pre-colonial era. These authors appear to agree that the need for the preservation of the former type of information was officially acknowledged. The responsibility for the management of vital public information was placed on such officials as the chief's councillors, advisors on community matters and shrine officials.

  • 5 - Sharing history: coupling the archives and history compilation in Japan

  • Michael Moss, David Thomas
  • Book:
    Do Archives Have Value?
    Published by:
    Facet
    Published online:
    02 October 2019
    Print publication:
    28 September 2018, pp 75-88

  • Summary

    Introduction

    The first modern archives in Japan were set up in Yamaguchi prefecture in 1959. The trigger for the adoption of the idea ‘archives’, when only libraries or museums had existed, was the deposit of the Mōri Family Papers to the prefecture in 1952. The Mōri family were feudal lords who governed the Yamaguchi prefecture area and the papers were administrative records of the Mōri clan in the early modern era, comprising 50,000 items. The best way to preserve and utilise this priceless collection was explored and the director of the prefectural library at that time came across the idea of archives. He studied western literature on archival science to design the system.

    The National Archives of Japan was set up in 1971. The system was based on western archival science, including T. R. Schellenberg's Modern Archives, which was translated and studied while planning the establishment of the National Archives.

    Since then, many archival institutions have been created in both the public and private sectors. The concept of the archival system is now more or less rooted in Japanese society, but there is a tradition of a kind of amalgamation of history compilation and archival functions. In this chapter the background which led to shape this tradition is analysed and its possible future development is discussed.

    History compilation in Japan

    The official history compilation tradition in East Asia

    The influence of Chinese culture is historically dominant in East Asian countries and the compilation of official history of the rulers is a part of it. The oldest existing chronicle in China is Chunqiu [Spring and Autumn Annals], which is a chronicle of the Lu dynasty from 772 BCE to 484 BCE. However, it is understood that the earliest official history is Shiji [Records of the Grand Historian] and the 24 titles, including Shiji, are together called 24 Official Histories. They cover the years from circa 90 BCE to 1739 CE (Takeuchi, 2002, 2–4, 102–3).

    The essential nature of the official history is that it is a project of the imperial order. Although the first four titles were originally written by individual historians and officially approved after completion, later systems included the emperor's order for the compilation of the history of the preceding dynasty.

  • 7 - Environmental Information Regulations

  • Edited by Rachael Maguire
  • Book:
    Information Rights for Records Managers
    Published by:
    Facet
    Published online:
    01 June 2019
    Print publication:
    28 September 2018, pp 141-168

  • Summary

    Introduction

    This chapter covers what environmental information is and how to respond to requests for environmentally related information. This is because environmental information is covered by separate regulations to the Freedom of Information (FoI) Acts. If you are the one processing FoI requests, you need to know about the EIR, as you will be processing these requests as well as a matter of course.

    The EIR are a lot like the Freedom of Information Acts (FoIAs), until they are not. The same process for managing FoI requests that is set out in Chapter 2 can be used to manage EIR requests. Unlike data protection, they are a straightforward request for information. There is a UK and a Scottish set of regulations, although these are very similar. Any differences between the two Regulations will be noted as necessary. Being a set of Regulations rather than an Act, the termin - ology is Regulation rather than section when referring to the separate parts of the Environmental Information Regulations (EIR), that is Regulation 1(1) rather than section 1(1).

    As is expected from the name, the EIR focus on environmental information, as compared to FoI, which covers information more generally. Which leads to the first question when it comes to using the EIR: what is environmental information? The next section takes you through the definitions in the Regulations and how they can be used to identify environmental information.

    Environmental information

    Both Regulations take their definitions of environmental information directly from Directive 2003/4/EC, Public Access to Environmental Information, (referred to as ‘the Directive’ in this chapter) which was in turn drafted to meet the requirements of the Aarhus Convention. The purpose of the Directive and the Regulations is to allow EU citizens access to environmental information in order to be able to participate in decision making relating to the environment.

    In Regulation 2(1) for both the UK and Scottish Regulations, environmental information is defined in the following way:

    ‘environmental information’ has the same meaning as in Article 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on—

    (a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

  • 1 - Introduction to information rights law

  • Edited by Rachael Maguire
  • Book:
    Information Rights for Records Managers
    Published by:
    Facet
    Published online:
    01 June 2019
    Print publication:
    28 September 2018, pp 1-12

  • Summary

    Introduction

    There are very few people working in information rights law who intended to do so. Most people managing requests for information under data protection or freedom of information started in another discipline like records management, information management, archives or as librarians and then transferred over or had information rights added to their duties. Some of the principles are the same. Records management and data protection both require that data is destroyed when it is no longer required. Librarians and archivists are used to helping people to find the information they need from within their collections. I came myself from a records management background.

    However, the various pieces of legislation covering information rights have specific legal requirements relating to the information that an organization holds. If you find yourself managing information rights requests you need to be aware of what is in the legislation. There are courses, including master's degrees, available in this area. For example, I received the LLM Information Rights Law at University of Northumbria. However, not everyone has the time or funds to study at that level, but you still need to know how to apply the law.

    That's what this book is for. It is intended to help records managers, information managers, archivists and librarians who find themselves with responsibility for managing information rights in their organizations. As such, it goes through the big three – Data Protection, Freedom of Information and the Environmental Information Regu - lations – as well as the other legislation in this area that covers how you should respond to requests for information. Not all of this will apply to everyone; for example, access to health records is unlikely to be used by organizations that do not hold health records, but the Privacy and Electronic Communications Regulations apply wherever marketing takes place. If you are acting as your organization's expert in this area, this book will point to most if not all of the legislation that you need to know about, going into detail about the UK-based legislation in this area.

    The focus of the book is on UK-based legislation. This includes the specific Scottish legislation relating to freedom of information and environmental information. However, the data protection advice is based on the General Data Protection Regulation (GDPR).

  • 6 - Data protection: internal enquiries

  • Edited by Rachael Maguire
  • Book:
    Information Rights for Records Managers
    Published by:
    Facet
    Published online:
    01 June 2019
    Print publication:
    28 September 2018, pp 121-140

  • Summary

    Introduction

    This chapter covers the sorts of enquiries that you are likely to receive from your colleagues about what they need to do when collecting, processing, sharing and otherwise using personal data. I have assumed that readers will be acting as Data Protection Officer (DPO) for their organization, but even if you are not officially in that position or your organization is not required to appoint a DPO, this chapter focuses on advising others within your organization on what their data protection responsibilities are. These are all likely to be internal, although you may need to get involved with contracts with third parties when sharing data. The following are examples of what you will need to advise your colleagues on:

  • • creating privacy notices and consent forms for collection of data;

  • • conducting privacy impact assessments – recognising when this is necessary, how to carry them out;

  • • sharing data with third parties – when you can make transfers to third parties, under what circumstances and how to do so securely;

  • • enquiries of the type ‘can I do this with personal data?’, which come in many varieties.

    • Privacy notices and consent forms

    Privacy notices and consent forms have always been required under the Data Protection Act (DPA) when collecting information from data subjects. They are intended to let data subjects know why the data is required, who will see it and what will be done with it. Previously some organizations relied on the one privacy notice for all collections of data. Others created new notices with each collection carried out. The latter are in a better position under the General Data Protection Regulation (GDPR), which set out what details you need to provide to people for data that you collect directly and for data that you receive from third parties. A one-size-fits-all privacy notice will not be compliant with the GDPR.

    Articles 13 and 14: Information to be provided to the data subject Both these articles cover what information a data subject has to be provided with when their data is being used. However, there are differences between when you are collecting the information yourself and when you are using personal data obtained from a third party.

  • 8 - The search for Ithaca? The value of personal memory in the archive of the digital age

  • Michael Moss, David Thomas
  • Book:
    Do Archives Have Value?
    Published by:
    Facet
    Published online:
    02 October 2019
    Print publication:
    28 September 2018, pp 117-140

  • Summary

    Life is not what one lived, but what one remembers and how one remembers it in order to recount it.

    (Gabriel Garcia Marquez, Living to Tell the Tale, 2004, dedication)

    ‘Living Backwards’, repeated Alice in great astonishment, ‘I have never heard of such a thing!’ ‘But there's one great advantage in it’, said the White Queen, ‘that one's memory works both ways.’

    (Lewis Carroll, Alice Through the Looking Glass, 1871, 196)

    Introduction

    How do we remember? By recollection from our own memory: recurrent and reliable. Memories can enrich lives, affirm communities and reinforce cultures; they can inform, enlighten and endorse our identity, our family, our place and our history. Memories can be discovered and uncovered; alternatively, they may hide the truth of events. ‘Memories’, writes Steven Rose, ‘are our most enduring characteristic’ (1992, 1). Memories make us what we are. If Steven Rose is correct, memories must be of huge emotional importance to us. But how do we value personal memory? Is this too difficult to assess, or something simply taken as read: a given? In this chapter I would like to look at individual memory in the archive of the digital age and at its value. Immediately, though, other questions intervene: if the notion of the value of memory is to be explored, can we say what memory is? And can the value of memory be defined?

    The topic of memory is highly complex and hugely significant. One of the difficulties of attempting to write critically about memory is the sheer enormity of the subject: the breadth and depth, from the ancient world to the 21st century, from rhetoric to stories, from ‘emotion recollected in tranquility’ to cognitive psychology. And now, discussion about memory and its importance is everywhere. In recent years fresh ideas and new thoughts have emerged in a number of fields. New research throws light on any attempt to understand the many and various areas of memory. A brief exploration of these new developments might help us to perceive a little more about the value of memory. But first, to get a proper perspective and some understanding of what we mean by memory, we need to look briefly into the historical place of memory as a faculty and a facility from the Classical world to the 20th century.

  • 9 - Fitting information and records management into information rights work

  • Edited by Rachael Maguire
  • Book:
    Information Rights for Records Managers
    Published by:
    Facet
    Published online:
    01 June 2019
    Print publication:
    28 September 2018, pp 181-188

  • Summary

    Introduction

    It is usual that you will also be managing records as well as responding to requests for information, particularly in organizations that are not big enough to require an information governance team. One-man bands covering information rights and information and records management (IRM) are common. The issues relating to this are:

  • convincing staff in your organization to properly manage their records in order to support providing information in response to requests;

  • applying records management principles so as to, at best, help support staff in their daily work and, at least, avoid a practice recommendation from the Information Commissioner;

  • finding the time for IRM tasks that don't have the same tight deadlines that information requests come with.

    • This chapter is not intended as a comprehensive review of IRM practice but to offer a brief guide based on the requirements of the legislation for those who need a refresher on the legal requirements, or for Freedom of Information Officers and DPOs who are coming to this subject new. As such, the international standard for records management (ISO15489) is not covered, although it is worth looking at if you are developing a records management programme.

    Information and records management: is it necessary?

    The short answer to this question is yes. Data protection, Freedom of Information (FoI) and environmental information all rely on having good records that can be used to support provision of the information requested. If your organization does not have well organized records, it will be difficult to find, identify and provide the information re quested, and also to know what information you have provided on request.

    The new requirements for record keeping in the GDPR also support the need for good information and records management. Your organ - ization will need to keep track of where personal data is held and what conditions for processing you are using, amongst other tasks. If you cannot provide records to the ICO or the data subject promptly, there will be consequences, up to the imposition of fines. The ICO already has powers to require that information is provided to it by a public authority and can apply to the courts to have the powers of entry and inspection granted if an information notice is not complied with.

  • Introduction

  • Michael Moss, David Thomas
  • Book:
    Do Archives Have Value?
    Published by:
    Facet
    Published online:
    02 October 2019
    Print publication:
    28 September 2018, pp xv-xxxvi

  • Summary

    Introduction

    It is all too tempting for those of us who live in Europe or one of the Anglophone countries to take a Eurocentric view of archives. The conventional narrative of archives is that they grew up in the 19th century and were associated with the ‘scientific’ or ‘German’ school of history pioneered by Ranke in Germany and Acton in England. In this narrative, the growth of archives meant that historians were able to write a history which was based on records rather than on repeating what had been said in earlier books. The scientific historians drove the antiquarians out of the temple.

    Although in the West archives are part of the beginning of modernity, elsewhere they were closely connected with the experience of colonialism. In Malawi and India they have played a dual role, both the record of the European settlers, traders and governments and, at the same time, a tool for recording an oral culture and developing national identity. In Japan they have followed a quite different path. There is a long tradition of writing official histories (of companies and organizations and even the nation itself) in that country, and of accumulating a collection of archives to facilitate the writing of history. Unlike in the West, where history followed the archive, in Japan the archive followed the history.

    The situation in Hong Kong is similar but different to that in Japan. For most of its history as a British colony, Hong Kong was dominated by large British companies which developed the habit of collecting archives in order to produce corporate histories and anniversary books. Some of their records are now deposited overseas and, sadly, most of Hong Kong's public records were destroyed in World War 2. Most Chinese-owned companies were small or medium sized and family owned, and it was not until the 1970s that they began to take an interest in their own culture and heritage and began collecting archives and undertaking research. What seems to be fairly universally true is the ability of archives to right wrongs done by governments to their citizens. In Malawi, the archives were used to secure compensation for people damaged by the regime of Dr Banda; in Australia they were of significant value in the restitution of ancestral human remains and the compensation of children mistreated in children's homes.

Page 98 of 302