People are about to feel a lot safer in their homes with the changes the government is implementing.
These changes include improving building and fire safety, which is outlined in the new Building Safety Bill.
There’s some information you need to know and take into account ahead of the new Building Safety Bill, including in relation to GDPR.
Continue reading to gather more insights as to how it’ll impact you as it relates to "What does GDPR mean in construction", and "What does GDPR mean for property Accountable Persons".
Why is GDPR important
The enforcement date for the EU General Data Protection Regulation EU 2016/679 (“GDPR”) has arrived.
GDPR is important because you may face heavy fines if you fail to comply. The dilemma has to do with how data purging can align with a safety management system that requires the storage of competency records, disciplinary notes, and health surveillance results, to name a few.
Article 5 of the GDPR says that personal data shall be processed lawfully, fairly, and in a transparent manner in relation to individuals.
The primary reason for GDPR is to ensure that data protection is a primary consideration and at the forefront of all business.
How will GDPR affect the Accountable Persons (APs)
GDPR will affect and impact the accountable persons (APs) as it relates to collecting data. As a health and safety practitioner, you should be clear as to what information you’re collecting and the reasons why.
For instance, there may be a legal obligation or a legitimate interest. The accountable persons need to be made aware of every single reason a health and safety practitioner is holding or using his or her personal data.
GDPR brings additional types of data and operations into play. It spreads the burden of greater compliance more widely. For health and safety professionals, the “principle of accountability” will extend their duty of care to individuals to a whole new level.
With regards to the effects of GDPR, the account persons are more at risk versus the building safety manager and the residence.
For instance, there will be a new requirement for the accountable person when moving data between the current AP and new AP and between AP and residents.
When a resident moves into a building that falls under these new sets of rules, it will need to be registered with the Building Safety Regulator and apply for a Building Assurance Certificate.
The Accountable Person will then need to conduct and maintain a safety case risk assessment for the building. They’ll also need to appoint a Building Safety Manager to watch over it daily.
Is technology the answer?
Technology may just be the answer and a way to respond to these new regulations.
The range of personal data covered has now been updated in line with the most recent technology and communications advances.
The reason being is that a digital technology solution will help protect all parties involved.
How and why a digital technology solution will protect all parties
You may be wondering how exactly a digital technology solution will protect all parties and ensure a smooth transition with GDPR.
Below are a few reasons why technology may be the answer:
- Data stored is encrypted and access is set by granted permission.
- Information about residents is protected.
Technology can help identify what permission to disclose information and could help gain permission before disclosing information.
It is available and useful before disclosing information. Within the Building Safety bill, there are also sections around data that explain how data should be treated. They are as follows:
- Section 91 – The Secretary of State may by regulations make provision requiring an accountable person for a higher-risk building to give prescribed information or a copy of a prescribed document to the regulator.
- Section 92 - The outgoing person must give prescribed information and a copy of any prescribed document to any person who, immediately after the relevant time.
- Section 94 – When requesting further information, the accountable person must respond as soon as possible to give the resident or owner the information or document requested.
- Section 122 - Describes the implied terms in leases and recovery of safety-related costs, and there is no regulation.
Conclusion
Data protection is very important, especially in today’s day and age of technology. While there’s an impact of GDPR on the new Building Safety Bill, there are ways to work around and with the new regulations.
One solution is via technology and using it to create the correct pathways to compliance.
Ark, founded in 1994, is the leading safety expert, providing operational risk, compliance, and safety solutions.
With a proven track record helping clients remain compliant, Ark is leading the market thanks to our talented staff, and innovative and collaborative approach.
Using QUOODA®, our software and analytics platform we put managers in control of today and tomorrow.
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