Data Protection Policy
12.DATA PROTECTION POLICY
Version 1.0 Updated August 2019 Verified By Hannah Williams
Contents
- Introduction
- Definitions
- Data processing under the Data Protection Laws
- The data protection principles
- Legal bases for processing
- Privacy by design and by default
- Rights of the Individual
- Privacy notices
- Subject access requests
- Rectification
- Erasure
- Restriction of processing
- Data portability
- Object to processing
- Enforcement of rights
- Automated decision making
- Personal data breaches
- Personal data breaches where the Company is the data controller
- Personal data breaches where the Company is the data processor
- Communicating personal data breaches to individuals
- The Human Rights Act 1998
- Complaints Appendix
Annex – legal bases for processing personal data
All organisations that process personal data are required to comply with data protection legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data Protection Regulation (together the ‘Data Protection Laws’). The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.
As a recruitment business the Company collects and processes both personal data and sensitive personal data. It is required to do so to comply with other legislation. It is also required to keep this data for different periods depending on the nature of the data.
This policy sets out how the Company implements the Data Protection Laws. It should be read in conjunction with the Data Protection Procedure.
In this policy the following terms have the following meanings:
‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her;
‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;
‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;
‘personal data’* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;
‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual;
‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.
* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we specifically need to refer to sensitive personal data.
‘Supervisory authority’ means an independent public authority which is responsible for monitoring the application of data protection. In the UK the supervisory authority is the
Information Commissioner’s Office (ICO).
All of these definitions are italicised throughout this policy to remind the reader that they are defined terms.
The Company processes personal data in relation to its own staff, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. The Company has registered with the ICO and its registration number is ZA530998
The Company may hold personal data on individuals for the following purposes:
- Staff administration;
- Advertising, marketing and public relations
- Accounts and records;
- Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support
- Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers.
1. The data protection principles
The Data Protection Laws require the Company acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:
- Processed lawfully, fairly and in a transparent manner;
- Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- Accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- Kept for no longer than is necessary for the purposes for which the personal data are processed;
- Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that
- The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.
2.Legal bases for processing
The Company will only process personal data where it has a legal basis for doing so (see Annex A). Where the Company does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.
The Company will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.
Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support)), the Company will establish that it has a legal reason for making the transfer.
3.Privacy by design and by default
The Company has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes implementing measures such as:
- data minimisation (i.e. not keeping data for longer than is necessary);
- pseudonymisation;
- anonymization;
- cyber security
For further information please refer to the Company’s Information Security Policy.
The Company shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. The Company may provide this information orally if requested to do so by the individual.
1.Privacy notices
Where the Company collects personal data from the individual, the Company will give the individual a privacy notice at the time when it first obtains the personal data.
Where the Company collects personal data other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month. If the Company intends to disclose the personal data to a third party then the privacy notice will be issued when the personal data are first disclosed (if not issued sooner).
Where the Company intends to further process the personal data for a purpose other than that for which the data was initially collected, the Company will give the individual information on that other purpose and any relevant further information before it does the further processing.
2.Subject access requests
The individual is entitled to access their personal data on request from the data controller.
3.Rectification
The individual or another data controller at the individual’s request, has the right to ask the Company to rectify any inaccurate or incomplete personal data concerning an individual. If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
4.Erasure
The individual or another data controller at the individual’s request, has the right to ask the Company to erase an individual’s personal data. If the Company receives a request to erase it will ask the individual if s/he wants his personal data to be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). The Company cannot keep a record of individuals whose data it has erased so the individual may be contacted again by the Company should the Company come into possession of the individual’s personal data at a later date. If the Company has made the data public, it shall take reasonable steps to inform other data controllers and data processors processing the personal data to erase the personal data, taking into account available technology and the cost of implementation. If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
- Restriction of processing
The individual or a data controller at the individual’s request, has the right to ask the Company to restrict its processing of an individual’s personal data where:
- The individual challenges the accuracy of the personal data;
- The processing is unlawful and the individual opposes its erasure;
- The Company no longer needs the personal data for the purposes of the processing, but the personal data is required for the establishment, exercise or defence of legal claims; or
- The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of the Company override those of the individual.
If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
6.Data portability
The individual shall have the right to receive personal data concerning him or her, which he or she has provided to the Company, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller in circumstances where:
- The processing is based on the individual’s consent or a contract; and
- The processing is carried out by automated means.
Where feasible, the Company will send the personal data to a named third party on the individual’s request.
- Object to processing
The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. The individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest.
The Company shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
The individual has the right to object to their personal data for direct marketing.
8.Enforcement of rights
All requests regarding individual rights should be sent to the person whose details are listed in the Appendix.
The Company shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. The Company may extend this period for two further months where necessary, taking into account the complexity and the number of requests.
Where the Company considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature the Company may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
9.Automated decision making
The Company will not subject individuals to decisions based on automated processing that produce a legal effect or a similarly significant effect on the individual, except where the automated decision:
- Is necessary for the entering into or performance of a contract between the data controller and the individual;
- Is authorised by law; or
- The individual has given their explicit consent.
The Company will not carry out any automated decision-making or profiling using the personal data of a child.
Reporting personal data breaches
All data breaches should be referred to the persons whose details are listed in the Appendix.
- Personal data breaches where the Company is the data controller:
Where the Company establishes that a personal data breach has taken place, the Company will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual the Company will notify the ICO.
Where the personal data breach happens outside the UK, the Company shall alert the relevant
supervisory authority for data breaches in the effected jurisdiction.
- Personal data breaches where the Company is the data processor:
The Company will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.
- Communicating personal data breaches to individuals
Where the Company has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, the Company shall tell all affected individuals without undue delay.
The Company will not be required to tell individuals about the personal data breach where:
- The Company has implemented appropriate technical and organisational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption.
- The Company has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
- It would involve disproportionate effort to tell all affected individuals. Instead, the Company shall make a public communication or similar measure to tell all affected individuals.
- All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:
- Right to respect for private and family life (Article 8).
- Freedom of thought, belief and religion (Article 9).
- Freedom of expression (Article 10).
- Freedom of assembly and association (Article 11).
- Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).
If you have a complaint or suggestion about the Company’s handling of personal data then please contact the person whose details are listed in the Appendix to this policy.
Alternatively you can contact the ICO directly on 0303 123 1113 or at https://ico.org.uk/global/contact-us/email/
Appendix
List names of those responsible for:
- adding, amending or deleting personal data;
- James Roberts
- Hannah Williams
- Tom Birch
- Holly Beddoe
- Scott Beattie
- responding to subject access requests/requests for rectification, erasure, restriction data portability, objection and automated decision-making processes and profiling;
- Hannah Williams
- reporting data breaches/dealing with complaints;
- Hannah Williams
- Data Protection Officer
- Hannah Williams
ANNEX A
- The lawfulness of processing conditions for personal data are:
- Consent of the individual for one or more specific purposes.
- Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.
- Processing is necessary for compliance with a legal obligation that the controller is subject to.
- Processing is necessary to protect the vital interests of the individual or another person.
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
- Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.
- The lawfulness of processing conditions for sensitive personal data are:
- Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.
- Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.
- Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.
- In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.
- Processing relates to personal data which are manifestly made public by the individual.
- Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
- Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.
- Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee , medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.
- Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.
- Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.
12.1DATA PROTECTION PROCEDURE
Version 1.0 Updated August 2019
Contents table:
- Introduction
- Definitions
- Data processing under the Data Protection Laws
- Information security
- Rights of the individual
- The right to be informed
- The right to access (‘subject access request’)
- The right to rectification
- The right to erasure (‘the right to be forgotten’)
- The right to restrict processing
- The right to data portability
- The right to object to processing
- Automated decision making processes
- The right to withdraw consent
- Timing and information to be provided to the individual
- Charges
- Personal data breaches
- Record keeping
- Complaints
Appendix Annex A
Introduction
All organisations that process personal data are required to comply with data protection legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data Protection Regulation (together the ‘Data Protection Laws’). The Data Protection Laws give individuals certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.
As a recruitment business the Company collects and processes both personal data and sensitive personal data. It is required to do so to comply with other legislation. It is also required to keep this data for different periods depending on the nature of the data.
This policy sets out the Company’s procedures for implementing the Data Protection Laws. It should be read in conjunction with the REC’s model Data Protection Policy.
Definitions
In this policy the following terms have the following meanings:
‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her;
‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;
‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;
‘personal data’* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;
‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic
situation, health, personal preferences, interests, reliability, behaviour, location or movements;
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual;
‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.
* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we need to refer to sensitive personal data specifically.
‘supervisory authority’ means an independent public authority which is responsible for monitoring the application of data protection. In the UK the supervisory authority is the Information Commissioner’s Office (ICO).
All of these definitions are italicised throughout this policy to remind the reader that they are defined terms.
Data processing under the Data Protection Laws
The Company processes personal data in relation to its own staff, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. The Company has registered with the ICO and its registration number is ZA530998.
The Company may hold personal data on individuals for the following purposes:
- Staff administration;
- Advertising, marketing and public relations;
- Accounts and records;
- Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support;
- Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers;
The Company will only process personal data where it has a legal basis for doing so (see Annex A). Where the Company does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.
Information security
Only those listed in the Appendix are permitted to add, amend or delete personal data from the Company’s database(s) (‘database’ includes paper records or records stored electronically).
All Company staff are responsible for notifying those listed in the Appendix where information is known to be old, inaccurate or out of date or a request for erasure, access, rectification or restriction of processing has been received from the individual. Company staff are also responsible for notifying those listed in the Appendix where any request for data portability, objection to processing or where consent to process has been withdrawn and has been received from the individual.
The incorrect processing of personal data e.g. sending an individual’s details to the wrong person, allowing unauthorised persons access to personal data, sending information out for purposes for which the individual did not give their consent, or not having a lawful reason to process personal data, may give rise to a breach of contract and/or negligence leading to a claim against the Company for damages from an employee, work-seeker or client contact.
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A failure to observe the contents of this procedure policy will be treated as a disciplinary offence. |
 |
In addition all Company staff should ensure that adequate security measures are in place to limit the risk of personal data breaches. For example:
< >Staff should lock their computer screens when they are not in use.All devices, whether company or personal devices (including but not limited to computers, mobile phones, other hand-held devices) containing personal data relating to the services of the Company shall be encrypted and password protected.Staff should not disclose their passwords to anyone.Email should be used with care. Company staff must ensure that emails are sent only to the intended recipient/s. Where Company staff send an email in error then the email must be recalled immediately and Company staff must inform those listed in the Appendix of the error so that any risk of a personal data breach can be limited.Personnel files (whether for internal staff or work-seekers) and other personal data should be stored securely to prevent unauthorised access. They should not be removed from their usual place of storage without good reason.Personnel files (whether for internal staff or work-seekers) should always be locked away when not in use and when in use should not be left unattended.Personal data should only be stored for the periods set out in the Company’s data retention policy.Processing includes the destruction or disposal of personal data. Therefore staff should take care to destroy or dispose of personal data safely and securely. Such material should be shredded or stored as confidential waste awaiting safe destruction.Rights of the individual
An individual has the following rights under the Data Protection Laws:
- The right to be informed of what information the Company holds on them – this is typically given to the individual in a privacy notice;
- The right of access to any personal data that the Company holds on them – this is usually referred to as a ‘subject access request’;
- The right to rectification of personal data that the individual believes is either inaccurate or incomplete;
- The right to erasure of their personal data in certain circumstances;
- The right to restrict processing of their personal data;
- The right to data portability of their personal data in specific circumstances;
- The right to object to the processing of their personal data where it is based on either a legitimate interest or a public interest;
- The right not to be subjected to automated decision making and profiling; and
- The right to withdraw consent where it was relied upon to process their personal data.
1.The right to be informed
Any individual whose personal data is processed by the Company will have the right to be informed about such processing. They will have the right to be informed about who, what, where and why the data is processed. This information should be delivered in a privacy notice, in writing and where appropriate electronically. Depending on where the personal data are being collected, an individual may be directed to the Company’s website privacy notice or be given a copy of a privacy notice. This privacy notice should be issued in instances where either:
- the Company collects/processes data directly from the individual; or
- the Company has not collected/processed the data from the individual directly.
The privacy notice should include the information set out in Table 1 (below). In addition:
- Where personal data has been collected from the individual the privacy notice will need to be issued at the point the data is collected. Where the Company intends to further process the personal data for a purpose other than that for which the personal data was collected, the Company shall provide the individual, prior to that further processing, with information on that other purpose and with any relevant further information in an updated privacy notice.
- Where personal data has not been obtained from the individual, the Company shall provide the privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed. If the personal data are to be used to communicate with the individual then the privacy notice will be issued at the time of the first communication with the individual. If a disclosure to another recipient is envisaged, then the privacy notice will be issued to the individual at the latest when the personal data are first disclosed.
Company staff will be responsible for issuing privacy notices to individuals whose personal data is processed by the Company in the timeframes and circumstances mentioned above.
Table 1: Privacy information to be given to the individual
|
|
Where the Company collects data from the individual: |
Where personal data has not been obtained from the individual: |
|
Yes (Y) |
Y |
processing. |
Y |
Y |
|
Y |
Y |
|
No (N) |
Y |
|
Y |
Y |
|
Y |
Y |
|
Y |
Y |
|
Y |
Y |
|
Y |
Y |
|
Y |
Y |
|
N |
Y |
|
Y |
N |
|
Y |
Y |
- The right to access (‘subject access request’)
Individuals are entitled to obtain access to their personal data on request, free of charge except in certain circumstances.
An individual will be entitled to the following information:
- Confirmation that their personal data is or is not being processed;
- Access to the personal data undergoing processing;
- The purposes of the processing;
- The categories of personal data concerned;
- The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- The existence of the right to request from the Company rectification or erasure of personal data or restriction of processing of personal data concerning the individual or to object to such processing;
- The right to lodge a complaint with the ICO or any other relevant supervisory authority;
- Where the personal data are not collected from an individual, any available information as to the source of that information;
- The existence of automated decision-making, including profiling, based on a public interest or a legitimate interest and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
If the Company transfers the individual’s personal data to a third country or to an international organisation, the individual shall have the right to be informed of the appropriate safeguards in place relating to the transfer.
If the Company processes a large quantity of information concerning the individual making the request, the Company might request that the individual specify the information or processing activities to which the request relates to specifically before the information is delivered. If such a request is required by the Company then it shall be delivered promptly to the individual, taking into consideration the timeframes that subject access requests must be completed.
The individual’s right to access their information shall not adversely affect the rights and freedoms of others and they will not be able to access the personal data of third parties without the explicit consent of that third party or if it is reasonable in all the circumstances to comply with the request without that third party’s consent, taking into consideration any means to redact the personal data of any third party. Persons listed in the Appendix will decide whether it is appropriate to disclose the information to the individual on a case by case basis. This
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Note: an individual might not label their subject access request as such. Therefore Company staff should always consider whether a request is a subject access request even when not called that. If in doubt, refer to the persons listed in the Appendix. |
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decision will involve balancing the individual’s right of access of their personal data against the third party’s rights in respect of their own personal data.
3.The right to rectification
An individual, or another data controller acting on an individual’s behalf, has the right to obtain from the Company rectification of inaccurate or incomplete personal data concerning him or her. The Company must act on this request without undue delay.
Taking into account the purposes of the processing, the individual shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement stating what they would require to be completed.
The Company shall communicate any rectification of personal data to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Company shall inform the individual about those recipients if he or she requests it.
Where the Company, acting as a data processor, receives information from a data controller to rectify an individual’s personal data, then the Company shall comply with this request unless this proves impossible or involves disproportionate effort.
In circumstances where the Company is unable to comply with the request as it proves impossible or involves disproportionate effort, the Company will document this in a privacy impact assessment or similar.
4.The right to erasure (‘right to be forgotten’)
An individual shall have the right to obtain from the Company, acting as data controller, the erasure of personal data concerning him or her without undue delay. The Company will be obliged to erase the individual’s personal data without undue delay where one of the following grounds apply:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- An individual withdraws consent on which the processing is based, and where there is no other legal ground for the processing;
- An individual objects to the processing (based on either a public interest or a legitimate interest) and there are no overriding legitimate grounds for the processing, or an individual objects to the processing for direct marketing purposes (including profiling related to direct marketing);
- The personal data have been unlawfully processed;
- The personal data have to be erased for compliance with a legal obligation; or
- The personal data have been collected in relation to the offer of information society services to a child.
Where the Company, acting as data controller, has made the personal data public and is obliged to erase that personal data, the Company, taking into account available technology and the cost of implementation, shall take reasonable steps, including technological measures, to inform data controllers which are processing the personal data that an individual has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The Company will not be obliged to erase information to the extent that processing is necessary:
- For exercising the right of freedom of expression and information;
- For compliance with a legal obligation which requires processing, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Company acting as controller;
- For reasons of public interest in the area of public health;
- For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
- For the establishment, exercise or defence of legal claims.
The Company shall communicate any erasure of personal data to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Company shall inform the individual about those recipients if an individual requests it.
Where the Company, acting as a data processor, receives information from a data controller to erase an individual’s personal data the Company shall comply with this request, unless this proves impossible or involves disproportionate effort.
In circumstances where the Company is unable to comply with the request as it proves impossible or involves disproportionate effort, the Company will document this in a privacy impact assessment or similar.
- The right to restrict processing
An individual will have the right to obtain from the Company, acting as a data controller, the restriction of processing his or her personal data where one of the following applies:
- The accuracy of the personal data is contested by the individual, for a period enabling the Company to verify the accuracy of the personal data;
- The processing is unlawful and the individual opposes the erasure of the personal data
and requests the restriction of their use instead;
- The Company no longer needs the personal data for the purposes of the processing, but they are required by an individual for the establishment, exercise or defence of legal claims;
- The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of the Company override those of the individual.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the individual’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
Where an individual who has successfully asked for their personal data to be restricted, then the Company will inform the individual before such a restriction is lifted.
The Company shall communicate any restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Company shall inform the individual about those recipients if he or she requests it.
Where the Company, acting as a data processor, receives information from a data controller to restrict processing an individual’s personal data, the Company shall comply with this request, unless this proves impossible or involves disproportionate effort.
In circumstances where the Company is unable to comply with the request as it proves impossible or involves disproportionate effort, the Company will document this in a privacy impact assessment or similar.
6.The right to data portability
An individual has the right to receive any personal data concerning him or her, which he or she has provided to the Company, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller where:
- The processing is based on the individual’s consent or a contract; and
- The processing is carried out by automated means.
Company staff will advise those listed in the Appendix when they receive a request to port data. Those listed in the Appendix will be responsible for identifying if the above circumstances are satisfied for the purposes of porting the data to the individual and/or another data controller.
For the avoidance of doubt, there is no obligation to port personal data that is not kept by automated means by the Company.
- The right to object to processing
An individual, has the right to object to their personal data being processed or profiled based on a public interest or a legitimate interest.
Where the Company receives an objection to processing or profiling on the above, those listed in the Appendix will ensure that the processing and/or profiling ceases unless such persons can establish compelling grounds to continue to process the personal data. If this is the case those persons listed in the Appendix will document this in a privacy impact assessment or similar.
8.Automated decision making processes
An individual has the right not to be subjected to an automated decision making process, including profiling, that produces a legal effect or a similarly significant effect on the individual.
However, it is possible to subject an individual to automated decision making processes, including profiling, where:
- It is necessary for entering into or performance of a contract between the employer and the individual;
- It is authorised by law; or
- The individual has given their explicit consent.
Where a) and c) apply the Company will ensure that suitable measures are in place to safeguard the individual’s rights and freedoms and legitimate interests, under both Data Protection Laws and the Human Rights Act 1998, before this type of processing occurs for personal data.
Where a) to c) apply the Company will only process sensitive personal data where the Company has received either the explicit consent to do so or there is a substantial public interest to do so. Again the Company will ensure that suitable measures are in place to safeguard the individual’s rights and freedoms and legitimate interests, under both Data Protection Laws and the Human Rights Act 1998, before this type of processing occurs for sensitive personal data.
The safeguarding measures include:
- Conducting a risk assessment as to what risks are posed to the individual’s rights and freedoms;
- Ensuring where the automated decision making process is necessary for entering into or performance of a contract, that this is documented clearly by the Company;
- Ensuring where explicit consent is given this is documented clearly by the Company.
Company staff will be responsible for implementing the above safeguarding measures.
- The right to withdraw consent
Where the Company relies on an individual’s consent to process their personal data then the Company will advise the individual that they have the right to withdraw his or her consent at any time.
Any Company staff who receives a request from an individual to withdraw their consent to processing their data will inform the persons listed in the Appendix to process the individual’s request further.
10.Timing and information to be provided to the individual
The Company shall provide information on action taken or not taken with regards to the individual data protection rights, set out in paragraphs 1 to 9 inclusive, without undue delay and in any event within one month of receipt of the request. Where the Company does take action, then it may, where necessary, extend this period by a further two months, taking into account the complexity and number of the requests. Those persons listed in the Appendix shall inform an individual of any extension within one month of receipt of the request, together with the reasons for the delay. Where the Company does not take action on the request of the individual then those persons listed in the Appendix will inform him or her on the possibility of lodging a complaint with the ICO and seeking a judicial remedy.
11.Charges
Where requests from an individual are manifestly unfounded or excessive, in particular because of their repetitive character, the Company may either:
- Charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
- Refuse to act on the request.
The Company must demonstrate whether the request is manifestly unfounded or excessive. Those listed in the Appendix will be responsible for demonstrating this.
Where the individual makes the request by electronic means the Company shall provide the information in a commonly used electronic form, unless otherwise requested by the individual.
The Company will need to act on any personal data protection breach it suspects or knows of when acting as either a data controller or a data processor.
Company staff must inform those persons listed in the Appendix where a personal data breach has either been reported to him or her or they themselves have identified a personal data breach.
- Personal data breaches where the Company is the data controller:
Those listed in the Appendix will take measures to establish whether or not a personal data breach has occurred. Those persons will:
- Conduct a risk assessment as to what level of risk the personal data breach poses/has occurred;
- Conduct any relevant interviews or investigations of the Company’s practices and/or Company staff to assess how the personal data breach occurred.;
- Implement measures and take steps to limit, contain and recover the breach.
Unless the personal data breach is unlikely to result in a risk to the rights and freedoms of an individual, then those listed in the Appendix will be responsible for alerting the ICO of any personal data breach without undue delay, but no later than 72 hours after having become aware of the Company’s personal data breach. Where it is not possible to inform the ICO in this time those listed in the Appendix will be responsible for explaining to the ICO the reasons for the delay.
If the personal data breach happens outside the UK then those listed in the Appendix will be responsible for alerting the relevant supervisory authority in the effected jurisdiction.
If those listed in the Appendix are not able to provide the ICO/other relevant supervisory authority with all the relevant information related to the personal data breach then those persons shall provide the information in phases without undue further delay.
Those listed in the Appendix will be responsible for documenting any personal data breaches, including:
- The facts relating to the personal data breach – including any investigations undertaken or statements taken from the Company’s staff;
- The effects of the personal data breach; and
- The remedial action taken.
- Personal data breaches where the Company is the data processor:
Those listed in the Appendix will be responsible for alerting the relevant data controller as to the personal data breach that has been identified as soon as they are aware of the breach, having particular regard to any contractual obligations the Company has with the data controller.
Personal Data Breaches
- Communicating personal data breaches to individuals
Where a personal data breach has been identified, which results in a high risk to the rights and freedoms of individuals, those listed in the Appendix will be responsible for informing those individuals effected by the personal data breach without undue delay.
For the avoidance of doubt there will be no need to inform individuals of a personal data breach
where:
- The Company has implemented appropriate technical and organisational protection measures to use the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption.
- The Company has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
- It would involve disproportionate effort to tell all affected individuals. Instead, those listed in the Appendix shall, on behalf of the Company, make a public communication or similar measure to tell all affected individuals.
Actions to take after a breach
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Where there is a likely risk to individuals as a result of the breach |
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Where there is a high risk to individuals as a result of the breach |
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< >describe the nature of the breach;give the name and details of the data protection officer or other contact;describe the likely consequences of the breach; anddescribe the measures taken or proposed to be taken by the controller to address the breach, including, where appropriate, measures to mitigate its possible adverse effects.The main purpose behind notifying an individual of a breach is to outline the specific steps they should take to protect themselves. However, there are exceptions – communication with the data subject shall not be required if:
< >The data controller has implemented appropriate technical and organisational protection measures and those measures were applied to the data affected by the breach;The data controller has taken measures to ensure that the high risk to the rights and freedoms of data subjects is no longer likely to arise; orIt would involve a disproportionate effort. In such a circumstances, there shall be a public communication whereby data subjects are informed in an equally effective manner.The information sent to individuals should be sent separate to any other communication and could be sent via multiple communication channels in order to ensure transparency. The information should also be presented in clear and plain language.
Record Keeping
Those listed in the Appendix will keep written records of the processing activities of the Company. The records must be in writing (which can be in electronic form) and must include the following information:
- The name and contact details of the data controller or data controller’s representative and any joint controllers;
- The purposes of the processing;
- A description of the categories of the data subjects and of the categories of the
personal data;
- The categories of recipients to whom personal data have or will be disclosed to, including to those internationally;
- Any transfers of personal data internationally, including the identification of the third country or international organisation to which the data is transferred;
- The envisaged time limits placed on an individual’s right to erasure; and
- Where possible, a description of the technical and security measures that have been utilised to alleviate data-related risks.
The Company will also document:
- Information required for privacy notices;
- Records of consent;
- Controller-processor contracts;
- The location of personal data;
- Data Protection Impact Assessment reports;
- Records of personal data breaches;
- Information required for processing sensitive personal data or criminal convictions/offences data.
The Company will make these records available to the ICO upon request.
Complaints
Where Company staff receive a complaint from an individual about the use of his or her personal data then they should bring this to the immediate attention of those listed in the Appendix.
Appendix
List names of those responsible for:
- adding, amending or deleting personal data;
- James Roberts
- Hannah Williams
- Tom Birch
- Holly Beddoe
- Scott Beattie
- responding to subject access requests/requests for rectification, erasure, restriction data portability, objection and automated decision-making processes and profiling;
- Hannah Williams
- reporting data breaches/dealing with complaints;
- Hannah Williams
- Data Protection Officer
< >The lawfulness of processing conditions for personal data are:Consent of the individual for one or more specific purposes.Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.Processing is necessary for compliance with a legal obligation to which the controller is subject to.Processing is necessary to protect the vital interests of the individual or another person.Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.The lawfulness of processing conditions for sensitive personal data are:Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.Processing relates to personal data which are manifestly made public by the individual.Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.