Data Protection & Technology Working Group Terms of Reference Approved by Board of the ACOI on 9 th March, 2016 Revised to reflect change to name of WG & to correct reference to ACOI s Objects, 19 th April 2016
The Data Protection & Technology Working Group The Association of Compliance Officers in Ireland (ACOI) aspires to be a centre for thought leadership and a balanced and authoritative voice on matters relating to regulatory compliance and business ethics in the financial services industry in Ireland. We work to promote the study, research into and discussion of all matters relating to the regulation of conduct of business by financial services firms and the role of Compliance Officers in those firms. We provide a forum for the dissemination of views and research by ourselves, our members and others both in Ireland and internationally. The Data Protection & Technology Working Group (the Working Group ) is a Working Group set up by the Board of Directors of the ACOI (the Board ) and this document contains its terms of reference ( Terms of Reference ). The Terms of Reference shall be approved by the Technical Committee and ratified by the Board. 1. Introduction The Objects in the ACOI Memorandum of Association state that: The main objects for which the Association is established are: (a) (b) (c) to provide education and training and to conduct examinations in regulatory compliance and business ethics; to promote, for the public benefit, the advancement and dissemination of knowledge, information, views and ideas in the field of regulatory compliance and business ethics; and to promote high ethical standards among all persons engaged in regulatory compliance. The primary function of the Working Group is to provide members of the ACOI with a forum for discussion on topical issues and an outlet to share views on various processes. The intention is that the Working Group will focus on providing members with the latest insights on current and pending compliance, and wider technological, issues and developments in relation to Data Protection. It will also identify issues which may impact on ACOI members in their day to day functions and education which issues will be escalated to the Technical Committee. 2. Terms of Reference 2.1 To assist with the implementation of the ACOI strategic plan agreed by the Board in respect of the Committee. 2.2 To make recommendations to the Technical Committee or the Board regarding any proposed amendments to the plan. 2.3 To agree a schedule of underlying work / meetings each year and to monitor progress of this work / meetings at regular intervals throughout the year.
2.4 To make submissions to the quarterly ACOI Ezine in relation to relevant matters. Responsibility for preparation of the submission shall be delegated and rotated throughout the Working Group. All submissions shall be pre-checked by the Chairperson of the Working Group, and shall be delivered in a timely manner for inclusion in the relevant edition of the Ezine. 2.5 To assist in identifying regulatory matters for consideration and onward transmission to the Technical Committee or the Board if they deem it necessary to do so and contributing material as appropriate. 2.6 To liaise, as the Working Group considers appropriate, in the arrangement of seminars on behalf of the ACOI and/or in partnership with the Data Protection Commissioner, as appropriate. For the avoidance of doubt, no speakers shall be arranged to speak exclusively to the Working Group without prior consent from the Technical Committee and agreed Output for the general membership of the ACOI. 2.7 The Working Group will not bind the ACOI in any way or incur expenditure for the account of the ACOI in any way without first having cleared the matter with the Technical Committee who shall clear it with the Board. 2.8 To consider the policy implications of key events such as proposed new legislation or Guidance Notes, both at a domestic and European level and to make recommendations for submissions or representations on behalf of the ACOI as appropriate.; and to monitor and evaluate official responses to any policy related submissions. 2.9 All proposed speakers from commercial organisations must be referred to the Executive Committee of the ACOI for approval prior to engaging them to speak at any Technical Committee event. 2.10 All requests for or offers of sponsorship shall be referred in advance to the CEO of the ACOI. 2.11 CPD will not be accredited for regular meetings of the Working Group, unless the meetings comprise of specific presentations which are directly related to the content of the PDC manuals. In this case, participants may submit a request for CPD accreditation through the normal ACOI procedure, including justification of the event's relevance to CPD. 3. Membership of the Working Group 3.1 It is a requirement that all members of any ACOI Working Group are current, fully paid members of the ACOI. Accordingly all prospective new members of the Working Group must be verified via membership number/payment status confirmation prior to being invited to join the Working Group. 3.2 The Working Group shall be comprised of the Chairperson and Vice Chairperson. The Chairperson and Vice Chairperson must, if they already hold these positions, have their continuing tenure confirmed by the incoming Chairperson of the Board of ACOI in consultation with the Technical Committee of the ACOI no later than one month following the taking up of his/her Chairpersonship. The Chairperson shall oversee the activities and Output of the Working Group and report thereon to the Technical Committee. The Vice Chairperson shall act as secretary and administrator to the Working Group and provide support to the Chairperson. There will be a maximum of fifteen members of the Working Group and a minimum of ten members. Any person who is a fully paid up member of the ACOI can propose themselves to join the Working Group by contacting the Chairperson or Vice Chairperson of the Working Group who shall advise them whether or not a vacancy exists at that time. If a vacancy exists, all nominations received by the Chairperson or the Vice Chairman will be referred to the next meeting of the Technical Committee for consideration and subsequently to the Board for approval.
3.3 Details of any proposed new Working Group member, along with a brief bio for the candidate shall be communicated to the Technical Committee. The Technical Committee shall assess the nomination and make a recommendation to the Board for consideration. Nominations are not confirmed until approved by the Board. 3.4 The quorum for a meeting of the Working Group shall be four. 3.5 The Chairperson and Vice Chairperson of the Working Group will be appointed for a two year term. Thereafter the Vice Chairman will succeed the Chairman and a new Vice Chairman must be nominated and approved by one other current member of the Working Group, approved by the Working Group as a whole, approved by the Technical Committee and ratified by the ACOI Board. 3.6 The Board of the ACOI will be empowered to remove any member (including the Chairman and the Vice Chairman) from the Working Group following 14 days notice. 3.7 In the absence of the Working Group Chairperson for a Working Group meeting the Vice Chairperson shall be nominated by the Chairperson to chair the meeting, in the absence of the Chairperson and Vice Chairperson the Chairperson can nominate another Working Group member to chair the meeting; in the absence of any nomination to chair the meeting from the Chairperson, the Chairperson for the meeting shall be elected by agreement between the members present. 3.8 Members of the Working Group are expected to always act in the best interests of the ACOI in carrying out their duties as Working Group members. If a Working Group member feels they may have a conflict of interest in meeting this expectation they should discuss this at the earliest opportunity with the Chairperson of the Working Group and, if appropriate, absent themselves from all discussions and decisions relevant to the issue in question or, if appropriate, offer their resignation from the Working Group. If the Working Group Chairperson feels he/she has a conflict of interest, similar interaction should take place with the Chari of the Technical Committee. 3.9 The ACOI Chairman, Vice Chairman and the CEO or a Board appointee shall have visiting rights to all meetings of the Working Group. 3.10 The membership and changes thereto shall be recorded and shall be communicated as changes arise by the Working Group to the Secretary of the Board. 3.11 Unless previously agreed by the Board, non-payment of the annual ACOI membership subscription and/or non-attendance at meetings of the Working Group by any member of the Working Group will be deemed to be a resignation by them of their membership of the Working Group. 4. Meetings 4.1 Frequency The Working Group shall hold not less than six meetings each year and such additional meetings as may be requested from time to time by its Chairperson. 4.2 Attendance In addition to the appointed members, the Chairperson of the Working Group at his/her discretion, may invite or allow other persons to attend meetings of the Working Group (for all or any part thereof) where he/she considers the attendance of such persons may be helpful to the Working Group in its deliberation.
4.3 Working Group members are required to attend at least 3 meetings of the Working Group each calendar year; If they do not the Working Group must approve their absence otherwise they will be removed from the list of Working Group members. 4.4 If, for any reason, the Chairperson becomes unavailable or is unable to attend to the business of the Working Group, then in such event the Vice Chairperson shall temporarily discharge the role of Chairperson to ensure the consistency of output and to maintain the integrity of the Working Group. 4.5 Membership of the Working Group or attendance at meetings of the Working Group by an alternate is not permitted. 5. Minutes 5.1 Minutes of each meeting shall be prepared by the Vice Chairperson or such other member as elected secretary for the time being of the meeting. 5.2 The minutes shall be circulated to each member of the Working Group. 5.3 The minute book for the Working Group shall be kept in the custody of the Vice Chairperson for the time being, of the Working Group. 5.4 A copy of all minutes of the Working Group shall be copied to the Chairman of the Technical Committee who shall be responsible for transmitting them to the Secretary of the Board for inclusion in the board pack for the Board. 6. Output 6.1 The Working Group is required by the Board to consistently produce output, being all discussions, documents, regular Ezine contributions and submissions whatsoever of the Working Group (hereinafter referred to as Output ) of benefit to the broader membership of the ACOI for the benefit of the ACOI membership as a whole, either by way of regular contributions to the Ezine or preparing submissions on topical issues for consideration by the relevant regulatory authority/body. All Output of the Working Group shall be copied to the Chairman of the Technical Committee who shall be responsible for transmitting the Output where relevant to the Board. 7. Reporting to the Board 7.1 The Chairperson of the Working Group shall record the deliberations of the Working Group and all decisions made by it and notify the Technical Committee of same who shall notify the Board as and when required. 7.2 Any formal external submissions from the Working Group must be routed through the Chairperson of the Technical Committee for signature by a member of the Board.
8. Data Privacy 8.1 All Output of the Working Group shall remain the property of the Working Group and the ACOI and may not be transmitted to or used by any non-acoi member(s) (either past or present). 8.2 Any marketing and/or advertising material or material offering services or any other similar approach from any third party to any member of the Working Group must be referred to the Technical Committee. 9. Review 9.1 These Terms of Reference will be subject to periodic review by the Technical Committee which shall provide a report of its findings to the Board no later than 31 May in each calendar year.