In this policy, the following words and phrases have the following meanings:
“Consent” means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them.
“Criminal records personal data” means personal data relating to criminal convictions and offences and personal data relating to criminal allegations and proceedings.
“Data protection legislation” means the EU General Data Protection Regulation (GDPR), the Data Protection Act 2018 and any other applicable primary or secondary legislation as may be in force in the UK from time to time.
“Data subject” means a living identified or identifiable individual about whom the Company holds personal data.
“Member of staff” is any director, employee, worker, agency worker, apprentice, intern, volunteer, contractor and consultant employed or engaged by the Company.
“Personal data” is any information relating to a data subject who can be identified (directly or indirectly) either from those data alone or by reference to an identifier such as 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 data subject. It excludes anonymised data, i.e. where all identifying particulars have been removed.
“Processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collecting, recording, organising, structuring, storing, adapting, altering, retrieving, using, disclosing, disseminating, restricting, erasing or destroying. It also includes transmitting or transferring personal data to third parties.
“Special categories of personal data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, data concerning the physical or mental health of a data subject or data concerning a data subject’s sex life or sexual orientation.
This policy sets out how the Company processes the personal data of data subjects, including the personal data of job applicants and the personal data of our current and former directors, employees, workers, agency workers, apprentices, interns, volunteers, contractors, consultants, clients, customers, suppliers and other third parties. It applies to all personal data that we process, regardless of the media on which those personal data are stored, e.g. electronically, on paper or on other materials. The Company is committed to being clear and transparent about how we collect and use personal data and to complying with our data protection obligations. Protecting the confidentiality, security and integrity of the personal data that we process is also of paramount importance to our business operations. The Company will process personal data relating to you in accordance with this policy, the data protection legislation and the latest privacy notice which has been issued to you.
This policy applies to all members of staff. It is non-contractual and does not form part of any employment contract, casual worker agreement, consultancy agreement or any other contract for services.
As a member of staff, you are yourself a data subject and you may also process personal data on the Company’s behalf about other data subjects. This policy should therefore be read and interpreted accordingly. You must always comply with it when processing personal data on the Company’s behalf in the proper performance of your job duties and responsibilities. The data protection legislation contains important principles affecting personal data relating to data subjects. The purpose of this policy is to set out what we expect from you and to ensure that you understand and comply with the rules governing the processing of personal data to which you may have access in the course of your work, so as to ensure that neither the Company nor you breach the data protection legislation.
The Company takes compliance with this policy very seriously. Any breach of this policy or any breach of the data protection legislation will be regarded as misconduct and will be dealt with under the Company’s disciplinary procedure. A significant or deliberate breach of this policy, such as accessing a data subject’s personal data without authority or unlawfully obtaining or disclosing a data subject’s personal data (or procuring their disclosure to a third party) without the Company’s consent, constitutes a gross misconduct offence and could lead to your summary dismissal. If you are not an employee, you may have your contract with the Company terminated with immediate effect.
The Company’s data protection officer has responsibility for data protection compliance within the business. You should contact them if you have any questions about the operation of this policy or you need further information about the data protection legislation, or if you have any concerns that this policy is not being or has not been followed. They can be contacted as follows:
Elaine Jordan, Gateway House, Gateway West, Newburn Riverside, NE15 8NX.
mobile 07977441284 Email Address [email protected].com
You must also contact them to seek further advice in the following circumstances:
If you wish to make an internal complaint that this policy is not being or has not been followed, you can also raise this as a formal grievance under the Company’s grievance procedure.
Under the data protection legislation, there are six data protection principles that the Company and all members of staff must comply with at all times in their personal data processing activities. In brief, the principles say that personal data must be:
The Company is responsible for, and must be able to demonstrate compliance with, these data protection principles. This is called the principle of accountability.
Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject.
This principle means that both the Company and members of staff may only collect, process and share personal data lawfully and fairly and for specific purposes.
The data protection legislation provides that processing is only lawful in certain circumstances. These include where:
The Company and members of staff must only process personal data on the basis of one or more of these lawful bases for processing. Before a processing activity starts for the first time, and then regularly while it continues, we will review the purpose of the processing activity, select the most appropriate lawful basis (or bases) for that processing and satisfy ourselves that the processing is necessary for the purpose of that lawful basis (or bases). When determining whether the Company’s legitimate interests are the most appropriate basis for lawful processing, we will conduct a legitimate interests assessment, keep a record of it and keep it under review.
Where the Company relies on consent as the lawful basis for processing, this requires the data subject to have given a positive statement, active opt-in or clear affirmative action; pre-ticked boxes, inactivity or silence do not constitute consent. If consent is given in a document that also deals with other matters, the request for consent must be clearly distinguishable and kept separate from those other matters. In addition, consent must specifically cover the purposes of the processing and the types of processing activity, so you must ensure that you obtain separate consents for different types of processing, where appropriate. Data subjects also have the right to withdraw their consent to processing at any time, they must be advised of this right and it must be as easy for them to withdraw their consent as it was to give it.
The data protection legislation also provides that the processing of special categories of personal data and criminal records personal data is only lawful in more limited circumstances where a special condition for processing also applies (this is an additional requirement; the processing must still meet one or more of the conditions for processing set out above). These include where:
We may from time to time need to process special categories of personal data and criminal records personal data. The Company and members of staff must only process special categories of personal data and criminal records personal data where there is also one or more of these special lawful bases for processing. Before processing any special categories of personal data and criminal records personal data, you must notify our data protection officer so that they may assess whether the processing complies with one or more of these special conditions.
A clear record must be kept of all consents, including explicit consents, which covers what the data subject has consented to, what they were told at the time and how and when consent was given. This enables the Company to demonstrate compliance with the data protection requirements for consent.
Under the data protection legislation, the transparency principle requires the Company to provide specific information to data subjects through appropriate privacy notices. These must be concise, transparent, intelligible, easily accessible and use clear and plain language. Privacy notices may comprise general privacy statements applicable to a specific group of data subjects, e.g. employees, or they may be stand-alone privacy statements covering processing related to a specific purpose. Whenever we collect personal data directly from data subjects, including for employment purposes, we must provide the data subject with all the information required to be included in a privacy notice. This includes:
We must issue a privacy notice, which can be by electronic means, when we first collect a data subject’s personal data from them. If the personal data have been obtained from third parties, we must provide the privacy notice information within a reasonable period of having obtained the personal data, but at the latest within one month. However, if the personal data are to be used to communicate with the data subject, the privacy notice information is to be provided, at the latest, when the first communication takes place, or if disclosure of the personal data to another recipient is envisaged, it is to be provided, at the latest, when the data are first disclosed. You must comply with these rules on privacy notices when processing personal data on the Company’s behalf in the proper performance of your job duties and responsibilities.
The Company will issue privacy notices to you from time to time.
Privacy notices can also be obtained from the Company’s data protection officer
Personal data must be collected only for specified, explicit and legitimate purposes and they must not be further processed in any manner that is incompatible with those purposes.
Personal data cannot be used for new, different or incompatible purposes from those disclosed to the data subject when they were first obtained, for example in an appropriate privacy notice, unless the data subject has been informed of the new purposes and the terms of this policy are otherwise complied with, e.g. there is a lawful basis for processing. This also includes special categories of personal data and criminal records personal data.
Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
We will only collect personal data to the extent that they are required for the specific purposes notified to the data subject. You must only process personal data where your job duties and responsibilities require it and you must not process personal data for any reason which is unrelated to your job duties and responsibilities. In addition, you must ensure that any personal data you collect are adequate and relevant for the intended purposes and are not excessive. This includes special categories of personal data and criminal records personal data.
When personal data are no longer needed for specified purposes, you must ensure that they are destroyed, erased or anonymised in accordance with the Company’s rules on data retention and destruction set out below.
Personal data must be accurate and, where necessary, kept up to date. In addition, every reasonable step must be taken to ensure that personal data that are inaccurate are erased or rectified without delay.
It is important that the personal data we hold about you as a data subject is accurate and up to date. Please keep us informed if your personal data changes, e.g. you change your home address, so that our records can be updated. The Company cannot be held responsible for any errors in your personal data in this regard unless you have notified the Company of the relevant change. We will promptly update your personal data if you advise us that they have changed or are inaccurate.
You must also ensure that the personal data we hold about other data subjects is accurate and up to date where this is part of your job duties or responsibilities. This includes special categories of personal data and criminal records personal data. You must check the accuracy of any personal data at the point of their collection and at regular intervals thereafter. You must take all reasonable steps to destroy, erase or update outdated personal data and to correct inaccurate personal data.
Personal data must not be kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the personal data are processed.
The Company will only retain personal data for as long as is necessary to fulfil the legitimate business purposes for which they were originally collected and processed, including for the purposes of satisfying any legal, tax, health and safety, reporting or accounting requirements. This includes special categories of personal data and criminal records personal data. You must comply with the Company’s rules on data retention and destruction set out below.
If a job applicant’s application for employment or engagement is unsuccessful, the Company will generally hold their personal data, including special categories of personal data and criminal records personal data, for one year after the end of the relevant recruitment exercise but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal data for up to six years to protect against legal risk, e.g. if they could be relevant to a possible legal claim in a tribunal, County Court or High Court.
If the job applicant has consented to the Company keeping their personal data on file for in case there are future suitable employment opportunities with us, we will hold their personal data for a further one year after the end of the relevant recruitment exercise, or until they withdraw their consent if earlier.
The Company will generally hold personal data, including special categories of personal data and criminal records personal data, for the duration of a member of staff’s employment or engagement. The exceptions are:
Once a member of staff has left employment or their engagement has been terminated, we will generally hold their personal data, including special categories of personal data and criminal records personal data, for one year after the termination of their employment or engagement, but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal data for up to six years to protect against legal risk, e.g. if they could be relevant to a possible legal claim in a tribunal, County Court or High Court. We will hold payroll, wage and tax records (including salary, bonuses, overtime, expenses, benefits and pension information, National Insurance number, PAYE records, tax code and tax status information) for up to six years after the termination of their employment or engagement. Overall, this means that we will “thin” the file of personal data that we hold on members of staff one year after the termination of their employment or engagement, so that we only continue to retain for a longer period what is strictly necessary.
The Company will generally hold personal data, including special categories of personal data and criminal records personal data, belonging to clients, customers and suppliers for the duration of our business relationship with them.
Once our business relationship with a client, customer or supplier has been terminated, we will generally hold their personal data, including special categories of personal data and criminal records personal data, for one year after the termination of the business relationship, but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal data for up to six years to protect against legal risk, e.g. if they could be relevant to a possible legal claim in a County Court or High Court.
Overall, this means that we will “thin” the file of personal data that we hold on clients, customers and suppliers one year after the termination of the business relationship, so that we only continue to retain for a longer period what is strictly necessary.
All personal data, including special categories of personal data and criminal records personal data, must be reviewed before destruction or erasure to determine whether there are special factors that mean destruction or erasure should be delayed. Otherwise, they must be destroyed or erased at the end of the retention periods outlined above. If you are responsible for maintaining personal data and are not clear what retention period should apply to a particular record, please contact our data protection officer/data compliance manager for guidance.
Personal data which are no longer to be retained will be permanently erased from our IT systems or securely and effectively destroyed, e.g. by cross-shredding of hard copy documents, burning them or placing them in confidential waste bins or by physical destruction of storage media, and we will also require third parties to destroy or erase such personal data where applicable. You must take all reasonable steps to destroy or erase personal data that we no longer require.
In some circumstances we may anonymise personal data so that they no longer permit a data subject’s identification. In this case, we may retain such personal data for a longer period.
Personal data must be 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.
The Company takes the security of personal data seriously and we have implemented and maintain safeguards which are appropriate to the size and scope of our business, the amount of personal data that we hold and any identified risks. This includes encryption and pseudonymisation of personal data where appropriate. We have also taken steps to ensure the ongoing confidentiality, integrity, availability and resilience of our processing systems and services and to ensure that, in the event of a physical or technical incident, availability and access to personal data can be restored in a timely manner. We regularly test and evaluate the effectiveness of our technical and organisational safeguards to ensure the security of our processing activities.
In turn, you are responsible for protecting the personal data that we hold, and you must implement reasonable and appropriate security measures against unauthorised or unlawful processing of personal data and against their accidental loss, destruction or damage. You must be particularly careful in protecting special categories of personal data and criminal records personal data. You must follow all procedures, and comply with all technologies and safeguards, that we put in place to maintain the security of personal data from the point of collection to the point of destruction.
Where the Company uses third-party service providers to process personal data on our behalf, additional security arrangements need to be implemented in contracts with those third parties to safeguard the security of personal data. You can only share personal data with third-party service providers if you have been authorised to do so and provided that certain safeguards and contractual arrangements have been put in place, including that:
Before any new agreement involving the processing of personal data by a third-party service provider is entered into, or an existing contract is amended, you must seek the approval of its terms from our data protection officer.
You may only share personal data with other members of staff if they have a business need to know in order to properly perform their job duties and responsibilities.
Hard copy personnel files, which hold personal data gathered during the working relationship, are confidential and must be stored in locked filing cabinets. Only authorised members of staff, who have a business need to know in order to properly perform their job duties and responsibilities, have access to these files. Files will not be removed from their normal place of storage without good reason. Personal data stored on removable storage media must be kept in locked filing cabinets or locked drawers and cupboards when not in use by authorised members of staff. Personal data held in electronic format will be stored confidentially by means of password protection, encryption or pseudonymisation, and again only authorised members of staff have access to those data.
The Company has network backup procedures in place to ensure that personal data held in electronic format cannot be accidentally lost, destroyed or damaged. Personal data must not be stored on local computer drives or on personal devices.
The data protection legislation requires the Company to notify any personal data breach to the Information Commissioner’s Office within 72 hours after becoming aware of the breach and, where there is a high risk to the rights and freedoms of data subjects, to the data subject themselves. A personal data breach is any breach of security which leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed and includes any act or omission that compromises the confidentiality, integrity or availability of personal data or the safeguards that we, or our third-party service providers, have put in place to protect them. The Company has procedures in place to deal with any suspected personal data breach and you are required to comply with these. If you know or suspect that a personal data breach has occurred, you must immediately contact our data protection officer, retain any evidence you have in relation to the breach and follow the Company’s data breach policy and response plan.
The Company is responsible for, and must be able to demonstrate compliance with, the data protection principles. This means that we must implement appropriate and effective technical and organisational measures to ensure compliance and we also require you to fully assist and co-operate with us in this regard. In particular, we have:
We also keep records of our personal data processing activities and you are required to assist us in ensuring these records are full, accurate and kept up to date.
We are required to implement privacy by design measures when processing personal data by implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the data protection legislation. You must assess what privacy by design measures can be implemented on all processes or systems that process personal data where this is part of your job duties or responsibilities because those processes or systems are under your control.
Where a type of data processing, e.g. the launch of a new product or the adoption of a new program, process or IT system which is under your control, is likely to result in a high risk to the rights and freedoms of data subjects, you must assist us in conducting and completing a DPIA. This includes (but is not limited to):
Before any form of new technology, program, process or system is introduced, you must contact our data protection officer in order that a DPIA can be carried out.
A DPIA will comprise a review of the new technology, program, process or system and it must contain a description of the processing operations and the purposes, an assessment of the necessity and proportionality of the processing in relation to those purposes, an assessment of the risks to individuals and the measures in place to address or mitigate those risks and demonstrate compliance.
Automated processing and automated decision-making
Automated processing is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, and automated decision-making occurs when an electronic system uses an individual’s personal data to make a decision without human intervention.
The Company does not carry out any automated processing and does not take any decisions based solely on automated decision-making, including profiling.
The Company is subject to certain rules when marketing our clients and customers. If you are involved in direct marketing to customers, you must comply with the Company’s guidelines on this. In particular, a data subject’s prior consent is required for electronic direct marketing. There is a limited exception for existing clients and customers which allows us to send marketing texts and e-mails if we have obtained their contact details in the course of a sale to that person, we are marketing similar products or services to them and we gave that person an opportunity to opt out of marketing when first collecting their details and in every subsequent message.
If a data subject objects to direct marketing, it is essential that this is actioned in a timely manner and their details should be suppressed as soon as possible. You can retain just enough information to ensure that marketing preferences are respected in the future.
The data protection legislation restricts transfers of personal data to countries outside the European Economic Area (EEA) in order to ensure that the level of data protection afforded to data subjects is maintained.
The Company does not transfer personal data to countries outside the EEA and you must ensure that you comply with this rule.
Under the data protection legislation, data subjects have the right, on request, to obtain a copy of the personal data that the Company holds about them by making a written data subject access request (DSAR). This allows the data subject to check that we are lawfully processing their personal data. The data subject has the right to obtain:
The other additional information (which should be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language) comprises:
When a data subject makes a DSAR, we will log the date on which the request was received and confirm their identity. Where we have reasonable doubts concerning the data subject’s identity, we will request them to provide such additional information necessary to confirm their identity before complying with their DSAR. We will then search databases, systems and other places where the personal data which are the subject of the DSAR may be held. Where we process a large quantity of personal data about a data subject, we may ask them to first specify the information that their DSAR relates to.
If the data subject makes their DSAR electronically, the Company must provide a copy of the personal data in a commonly used electronic format, unless they specifically request otherwise. If the data subject wants additional copies of the personal data, the Company will charge a reasonable fee, which is based on our administrative costs of providing the additional copies.
The Company will normally respond to a DSAR and provide copies of the personal data within one month of the date of receipt of the request. However, we may extend this time limit for responding by a further two months if the request is complex or there are a number of requests made by the data subject. If we intend to extend the time limit, we will contact the data subject within one month of the DSAR’s receipt to inform them of the extension and to explain why it is necessary.
Before providing the personal data to the data subject making the DSAR, we will review the personal data requested to see if they contain the personal data of other data subjects. If they do, we may redact the personal data of those other data subjects prior to providing the data subject with their personal data, unless those other data subjects have consented to the disclosure of their personal data. We will also check whether there are any statutory exemptions from disclosure that apply to the personal data that are the subject of the DSAR. If a statutory exemption applies to any of the personal data, those personal data may not be disclosed.
Whilst we will normally provide a copy of the personal data in response to a DSAR free of charge, we reserve the right to charge a reasonable fee, based on our administrative costs of providing the personal data, when a DSAR is manifestly unfounded or excessive, particularly if it repeats a DSAR to which we have already responded. Alternatively, where a DSAR is manifestly unfounded or excessive, we reserve the right to refuse to respond altogether. Where we refuse to act on a request in this way, we will set out our written reasons why to the data subject within one month of receipt of their DSAR. We will also inform them of their right to complain to the Information Commissioner’s Office or to seek a judicial remedy in the courts.
If you wish to exercise your data subject access rights, please complete our data subject access request form, or put the request in an e-mail, and send it to our data protection officer. We will inform you if we need to further verify your identity.
If you receive a DSAR from another data subject, you must immediately forward it to our data protection officer and they will deal with responding to it.
Other data subject rights in relation to their personal data
Data subjects have a number of other rights in relation to their personal data. When we process data subjects’ personal data, we will respect those rights. It is the Company’s policy to ensure that requests by data subjects to exercise their rights in respect of their personal data are handled in accordance with the data protection legislation.
Subject to certain conditions, and in certain circumstances, data subjects have the right to:
If, as a data subject, you wish to exercise any of these rights, please contact our data protection officer.
If a data subject invokes any of these rights, you must take steps to verify their identity, log the date on which the request was received and seek advice from our data protection officer if you need assistance in dealing with the matter. The following response procedures apply as applicable:
In the limited circumstances where the data subject has provided their consent to the processing of their personal data for a specific purpose, they have the right to withdraw their consent for that specific processing at any time. This will not, however, affect the lawfulness of processing based on consent before its withdrawal.
If, as a data subject, you wish to withdraw your consent to the processing of your personal data for a specific purpose, please contact our data protection officer. Once we have received notification that you have withdrawn your consent, we will no longer process your personal data for the purpose you originally agreed to, unless we have another lawful basis for processing.
If a data subject invokes their right to withdraw their consent, seek advice from our data protection officer if you need assistance in dealing with the matter.
Data subjects also have the right to make a complaint to the Information Commissioner’s Office at any time.
Your obligations in relation to personal data
You must comply with this policy and the data protection principles at all times in your personal data processing activities where you are acting on behalf of the Company in the proper performance of your job duties and responsibilities. We rely on you to help us meet our data protection obligations to data subjects.
Under the data protection legislation, you should also be aware that you are personally accountable for your actions and you can be held criminally liable. It is a criminal offence for you knowingly or recklessly to obtain or disclose personal data (or to procure their disclosure to a third party) without the consent of the Company. This would include, for example, taking clients’ or customers’ contact details or other personal data without the Company’s consent on the termination of your employment, accessing another employee’s personal data without authority or otherwise misusing or stealing personal data held by the Company. It is also a criminal offence to knowingly or recklessly re-identify personal data that has been anonymised without the consent of the Company, where we de-identified the personal data, and it is a criminal offence to alter, block, erase, destroy or conceal personal data with the intention of preventing their disclosure to a data subject following a data subject access request. Where unlawful activity is suspected, the Company will report the matter to the Information Commissioner’s Office for investigation into the alleged breach of the data protection legislation and this may result in criminal proceedings being instigated against you. The Company may also need to report the alleged breach to a regulatory body. This conduct would also amount to a gross misconduct offence under the Company’s disciplinary procedure and could lead to your summary dismissal.
You must also comply with the following guidelines at all times:
The Company will review this policy at regular intervals and we reserve the right to update or amend it at any time and from time to time. We will circulate any modified policy to members of staff and, where appropriate, we may notify you of changes by e-mail.
It is intended that this policy is fully compliant with the data protection legislation. However, if any conflict arises between the data protection legislation and this policy, the Company will comply with the data protection legislation.
This policy may also be made available to the Information Commissioner’s Office on request.
GDPR Data Protection Policy