This policy sets out how we seek to protect personal data and ensure that staff understand the rules governing their use of personal data to which they have access during their work.
1. Introduction
We hold personal data about our colleagues, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure that staff understand the rules governing their use of personal data to which they have access during their work.
2. Definitions
2.1 Business purposes
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and business development purposes.
Business purposes include the following:
• Compliance with our legal, regulatory and corporate governance obligations and good practice
• Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests
• Ensuring business policies are adhered to (such as policies covering email and internet use)
• Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking
• Investigating complaints
• Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments
• Monitoring staff conduct, disciplinary matters
• Marketing our business
• Improving services
2.2 Personal Data
Information relating to identifiable individuals, such as job applicants, current and former colleagues, agency, contract and other staff, clients, suppliers and marketing contacts. Personal data we gather may include: individuals’ contact details, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and career history.
2.3 Sensitive personal data
Personal data about an individual’s beliefs, trade union membership (or non- membership), physical or mental health or condition, criminal offences, or related proceedings—any use of sensitive personal data should be strictly controlled in accordance with this policy.
2.4 Scope
This policy applies to all Staff & Contractors. You must be familiar with this policy and comply with its terms.
This policy supplements our other policies relating to internet and email use. We may supplement or amend this policy with additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.
3. Our procedures
3.1 Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
3.2 Responsibilities of the IT Team
•Ensure all systems, services, software and equipment meet acceptable security standards
•Checking and scanning security hardware and software regularly to ensure it is functioning properly
•Researching third-party services, such as cloud services the company is considering using to store or process data
3.3 Responsibilities of the Marketing Department
•Approving data protection statements attached to emails and other marketing copy
•Addressing data protection queries from clients, target audiences or media outlets
The processing of all data must be:
•Necessary to deliver our services
•In our legitimate interests and not unduly prejudice the individual’s privacy
•In most cases this provision will apply to routine business data processing activities.
3.4 Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the company.
4 Your personal data
You must take reasonable steps to ensure that personal data we hold about you is accurate and updated as required. For example, if your personal circumstances change, please advise your Line Manager and update the HR system that holds your personal data, BrightHR.
Data security
You must keep personal data secure against loss or misuse.
Storing data securely
•In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
•Printed data should be shredded when it is no longer needed, or put in the secure Confidential paper shredding and recycling boxes
•Data stored on a computer should be protected by strong passwords that are changed regularly
•Data stored on portable storage devices must be locked away securely when they are not being used
•The Company must approve any cloud used to store data
•Servers containing personal data must be kept in a secure location
•Data should be regularly backed up in line with the company’s backup procedures
•Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
•All servers containing sensitive data must be approved and protected by security software and strong firewall
5 Data retention
We will retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
6 Subject access requests
Please note that under the GDPR, individuals are entitled, subject to certain exceptions, to request access to information held about them. If you receive a subject access request, this should be processed using the relevant procedural guidelines.
7 Processing data in accordance with the individual’s rights
You should abide by any request from an individual not to use their personal data for direct marketing purposes. Do not send direct marketing material to someone electronically (e.g. via email) unless you have an existing business relationship with them in relation to the services being marketed.
8 Awareness
All staff will have access to this policy, training will be provided as necessary. New joiners will receive GDPR familiarisation as part of the induction process. Further awareness training will be provided, as necessary and whenever there is a substantial change in the law or our policy and procedure.
9 Conditions for processing
We will ensure any use of personal data is justified using at least one of the conditions for processing and this will be specifically documented. All staff who are responsible for processing personal data will be aware of the conditions for processing. The conditions for processing will be available to data subjects in the form of a privacy notice.
10 Management of Personal Data
10.1 Justification for personal data
We will process personal data in compliance with all six data protection principles.
10.2 Consent
Any data that we collect that is subject to active consent by the data subject will be managed in compliance with the GDPR and recognised that this consent can be revoked at any time.
10.3 Criminal record checks
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject.
10.4 Data portability
Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be done for free.
10.5 Right to be forgotten
A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.
10.6 Privacy by design and default
Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. When relevant, and when it does not have a negative impact on the data subject, privacy settings will be set to the most private by default.
10.7 International data transfers
No data may be transferred outside of the European Economic Area without prior consent.
10.8 Data audit and register
Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.
10.9 Reporting breaches
All members of staff have an obligation to report actual or potential data protection compliance failures. This allows us to:
•Investigate the failure and take remedial steps if necessary
•Maintain a register of compliance failures
•Report any compliance failures that are material either in their own right or as part of a pattern of failure.
10.10 Monitoring
Everyone must observe this policy. The company will monitor it regularly to make sure it is being adhered to.
10.11 Consequences of failing to comply
We take compliance with this policy very seriously. Failure to comply puts both you and the company at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal.
The Company registers with the Information Commissioner.