Lawyers (especially Solicitors) may well face the (potentially legitimate) criticism of being (too) risk-averse.
Certainly, we like to ensure that those we have contact with - face no risk / potential exposure– If at all possible!
The advice (of others) with regard to the EU General Data Protection Regulation (GDPR) is somewhat of a ‘bugbear’ of mine, by virtue of the complete charlatans who involved themselves (especially, at the time the legislation became effective) in claiming to be experts (and who misled an awful lot of people into misunderstanding the legislation (because they were close to clueless themselves):-
https://twitter.com/equitable_law/status/1114459398976495616?s=12
I have been known (when speaking on the subject - and - seeking to obtain my audience’s attention) to compare the spermatozoa within ‘ones’ testicles (or the eggs within 'ones' ovaries) - as being DNA which is akin to ‘personal data’.
The first mistake is to think of your "organisation's" personal data as 'yours' (akin to the contents of your sexual reproductive organs i.e. your sperm or eggs).
However, it's not when you think about it - it's almost exclusively that of your forbears/ancestors (save for such genetic mutation as might have occurred in you!)
That established - ‘One’ should always seek to obtain ‘express consent’ to ‘processing that data’ – and in this ‘#metoo’ world, the cautious approach is not to rely upon ‘implied consent’ to 'processing that data' - otherwise there is a danger ‘one’ will face issues such as those faced by Harvey Weinstein / Bill Cosby . . .
I could carry on and reflect that when you allow the personal data that you hold - to be 'processed by a third party' (however noble your intentions), you can’t (always) get the personal data back and have to 'live with the consequences' = My much loved (and in truth, planned!) son, Aleksandr (‘Aleks’) Johnson, will be twelve (12) in August 2019!
For more 'practical' GDPR legal advice and assistance, please feel free to contact:-
Mr. Dan.Johnson@EquitableLaw.com - Principal & Business Law Solicitor
+44 (0) 7788 537 187 = U.K. Cellular / e-Telephone
www.EquitableLaw.com
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