Data Protection Explained SIMPLY | BlackBeltBarrister

Following lots of fuss about the NHS Digital "Data Share" scheme, I thought it would be useful to do an "explainer" video about just some of the principles that are essential for Data Protection and why they are important. Companies and organisations must comply with these principles by law, yet many people do not understand them (many professionals, too!)

Check out my previous videos if you are not sure what the NHS Digital plans are and also please check out @blackbeltsecrets if you want to see more behind-the-scenes videos and the chance to have your "questions in the comments" answered over there.

NHS Videos:
NHS Data Share UPDATE

NHS Selling Access to YOUR Data - HOW TO OPT OUT

NHS Selling Access to YOUR Data

References:

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I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein.
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[MazzaRC]

I'm still not clear as to how NHS Digital can get away with an opt out rather than opt in, given the clarity of the UK GDPR on consent. Can you shed any light?

[mickavoidant]

GDPR says that all information held must be truthful. A hospital and social workers there wrote lies about me in my girlfriend's health records. They are refusing to amend the records, even though I can prove that they lied. I'm told by the information commissioner that I need a court order. No GDPR solicitor I've spoken to will deal with it. The law is worthless.

[annieeatch]

I had an issue with a councillor at highland council who gave my location details and confidential details in an email to a total stranger who then passed it round a gang. I complained to IOC and ethics committee in Scotland as I thought sharing my details to a stranger was wrong and compromised my safety. They refused to uphold my complaint.

[OTWarrior]

Would be great to have a follow on for this, where you discuss about companies automatically opting you in to marketing or passing on your data without your consent and what you can do to report them.

[roseroberts]

Always put a like before I watch as I know you put great posts out.

[tonystrange]

Good educational video. I deal with a lot of Subject Access Requests in my job so know GDPR inside out and the rules and regs and if a breach requires that we report ourself as a company to the ICO.

[ajithsidhu]

Please do on on GDPR, company and trust law

[jacquelinekabugo-raderson]

Somewhat related question ... I recently started my Ill Health Retirement. On my last official day (after being on extended Sick Leave ) I went to collect my personal property/documents from my Staff locker, and hand in the padlock that had been issued. To my horror, my locker had already been emptied, reallocated, and no one could tell me what had become of my paperwork. They claimed my antiquarian book by William Shakespeare, that had been left in the locker (procured for me at great expense by my husband), had been given to charity. I am angry and upset, I have made a formal complaint in writing, but my former employer is not interested. Is there any redress for this, please?😵‍💫😬😖

[sandranihat]

I found out about this a few months back and didn’t know how to opt out
Chemist knew nothing my Drs surgery knew nothing
I then received a phone call saying l could do it on line as an elderly person with cataract s couldnt do it so l managed to get a form from them eventually l knew the date was 23 rd June 2021 very little time left no one knew l asked several people Alarm bells registered l had to ask for a receipt of doing it
Something fishy hear
Suddenly there’s a few rumbles mentioned on tv ( obviously had to say something as it was out of the bag ) !!!
Trying to do this behind the back door as such
data is so important to us to keep it safe

[peakfreak]

A great video as always.
It is difficult to put into a short video the complexities of data protection laws, especially when you start thinking about the intrinsically linked acts such as PECR, Access to Health, COPI, NHS Act etc. I would add that consent is the weakest form of lawful basis for an organisation to use, but a powerful one for individuals, (as the ICO will confirm). Consent is not finite and can be removed at any time. So I would always recommend finding a more suitable lawful basis.
My biggest concern on this subject though is how Legitimate Interest (LI) is being used as a workaround by organisations to gather your information and subsequently sell it on. You look at consent notices and the consent tab is not pre-ticked but... ooo look we now have a Legitimate Interest tab with many pre-ticked boxes. Yet the ICO doesn't appear to be doing anything about that.
LI is meant to be only used as long as the interests of both parties are balanced and its use does not impact the rights and freedoms of individuals. Well if you are farming data by proxy with LI and then spamming or selling collected data, then as far as I'm concerned it is an imbalance and therefore not a fair form of processing. If you try obtaining a copy of an organisations Legitimate Interest Assessment (LIA), (a documentary requirement under GDPR in order to use LI as a lawful basis), you have more chance of being bitten by a lettuce than getting a copy.
I would welcome a follow up video outlining your professional explanation of LI and how it can be used fairly in the manner it is being done so widespread currently. Obviously not your professional legal advice :-)
We must have that virtual beverage one day.

[otnim]

Quick question, do employees have to were a name badge e.g Hotel staff, supermarket workers as well as many other organisations as this is there personnel data?

[beaulieuonnp]

I had an incident where I was abused by a motorist and the police could not get details of the driver from the leasing company due to the data protection act. If the police cannot get driver details if they committed a crime, from a leasing company, it is ridiculous and doesn't make sense

[collincovid]

The data protection office is a bit of a hit and miss affair, but worth submitting a complaint to

[steveakam]

Tried opting out of the NHS data sharing online but had to complete the process by entering a code which they never sent.

[abiesigbe]

Oh, this is interesting, my father died at st georges hospital, i couldn't come to the uk to attend his funeral as am his next of kin, then i requested for his health record, because my uncle told me to send him power of attorney and at the same time saying he is going to sue the hospital, so a cd was sent to me in nigeria, and a letter was written saying contact us for further enquiries or information, i called and i was told , they will get back to me after covid, or i should contact data protection office, so i was confused, should i still call them? I want to say thank you for enlightening me, i appreciate, regard Ohonba zillah abieyuwa

[cathihargaden]

How do I send over an issue I’d like u too look at please?

[vixharrison]

Can a careers advisor write about me and my mother - she's stated I cook. I'm disabled and can't stand/walk following a car accident. It seems an odd thing for someone to put. I've also weakness in my arms. No worries if you're too busy. Have a peaceful new year.

[porl]

I am not very good with tech, can not do track and trace due to a very old mobile phone. So my question/ query is:- I went for a pub lunch last Thursday at 1430hrs, and because I could not use the QR code, I was asked to write my details on a A4 piece of paper (also containing others details). This was left at the entrance, and any member of the public could view it / take a picture of it. How does that comply with GDPR? As anyone visiting the venue would be able to see my name, address and phone number.
Can I refuse to add my details?

[AAAMHHH]

Can you request a GP practice only contacts you via email?

I have left this GP but have an ongoing complaint.

[andrewdunne]

I simply dont trust the NHS and never have