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Books > Law > Other areas of law > Law as it applies to other professions
In the past few years, criminal justice systems have faced
important global challenges in the field of economic and financial
crime. The 2008 financial crisis revealed how strongly financial
markets and economies are interconnected and illustrated that
misconduct in the economic and financial sectors is often of a
systemic nature, with wide-spread consequences for a large number
of victims. The prevention, control and punishment of such crimes
is thus confronted with a strong globalisation. Moreover,
continuous technological evolutions and socio-economic developments
make the distinction between socially desirable and undesirable
behaviour more problematic. Besides, economic and financial
misconduct is notoriously difficult to detect and investigate. In
light of these challenges, legislators and law enforcers have been
searching for adequate responses to combat economic and financial
crime by adapting existing policies, norms and practices and by
creating new enforcement mechanisms. The purpose of this volume is
to analyse those challenges in the field of economic and financial
crime from different perspectives, and to examine which particular
solutions criminal justice systems across Europe give to those
challenges. The volume has four parts. The first part focuses on a
number of key questions with respect to substantive criminal law,
whereas the second part will address issues affecting the
administration of justice and criminal procedure. Part three then
explores particular challenges concerning multi-agency cooperation
and multi-disciplinary investigations. Finally, part four will
concentrate on issues regarding shared or integrated enforcement
models.
Each manager of a department, or a specific responsibility, must
assess the data issues and risks as are relevant to their
individual department. The manager must assess what data exists;
whether it is permitted for use; filter out (including deletion of)
data that is over-broad or otherwise not permitted; and ensuring
procedures to identify and eliminate processes that open up the
risk of future unjustified data collections. While other agents of
the company or organisation will have responsibilities in relation
to data protection compliance, the manager of a department must
also engage in best practices that focus on the data protection
obligations of the department. Data protection compliance requires
not just adherence to specific data protection legal provisions,
but a full understanding of what data exists in the department,
company or organisation, where it is located and for what purpose.
The personnel manager needs to be satisfied that all of the
internal personnel records are fully data protection complaint.
Just one of the dangers is that these issues are not addressed in
appropriate reviews, contracts and policies. Another risk gap is
that there may be policies, etc., but the manager omitted to
appropriately include other non full time employees, such as those
whom may be contractors, temporary staff, interns, or family
members. The marketing manager needs to be satisfied that all of
the current and proposed marketing activities, customer lists, and
user lists are all compliant with the new data protection rules.
Organisations should have undergone an A - Z review of data
protection compliance in the lead up to the new EU General Data
Protection Regulation (GDPR) go-live date. In many organisations
there will be many activities and actions which carried over from
the GDPR review. These need to continue to be actioned. In
addition, there is also a new Data Protection Act 2018 to consider.
Organisations should also have appointed a new Data Protection
Officer (DPO) to assist in these efforts and to be the official
point of contact internally and externally (for data protection
supervisory authorities and for customers and users). Critically,
all Managers need to be aware of data protection compliance and
related issues within their own Department. The Manager has duties
and responsibilities. The Manager cannot simply assume that someone
else will do it, or that all data protection issues for their
Department are already being dealt with by the DPO or some other
Department.
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