Under Data Protection legislation organisations are required that personal data is processed transparently and fairly.
To meet this requirement they are under a duty to supply data subjects with a Privacy Notice
In a sharing context, a Privacy Notice should inform a data subject:
The organisation providing you with this notice and controlling the data that you have supplied is
Personal data is being shared in order to enable:
All members of staff employed by these agencies are bound by the common law duty of confidentiality which means that information that you provide to us must be held in confidence and not shared with anyone else unless:
1.1 The Board of Directors of
To that end, The Board of Directors/Principals has developed, implemented, maintains and continuously improves a documented personal information management system (‘PIMS’) for
The scope of the PIMS, taking into account organizational structure, management responsibility, jurisdiction and geography.
1.3 Objectives of the PIMS
1.6 A copy of the ICO notification details is retained by the appointed person with the company (The Data Protection Officer) and the ICO Notification Handbook is used as the authoritative guidance for notification.
1.7 The ICO notifications are automatically renewed annually.
1.8 The Data Protection Officer is responsible, each year, for reviewing the details of notification, in the light of any changes to the company’s activities (as determined by changes to the Data Inventory Register and the management review) and to any additional requirements identified by means of data protection impact assessments.
The policy applies to all Employees [and interested parties] of
Partners and any third parties working with or for the company, and who have or may have access to personal information, are expected to have read, understood and to comply with this policy.
No third party may access personal data held by the company without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which the company is committed, and which gives the company the right to audit compliance with the agreement.
The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of living individuals, and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
Territorial scope – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behavior to data subjects who are resident in the EU.
Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose of its data processing activities. The main establishment of a processor in the EU will be its administrative center. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates, to act on behalf of the controller and deal with supervisory authorities.
Personal data – any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular 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 natural person.
Special categories of personal data – 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 for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject – any living individual who is the subject of personal data held by an organization.
Processing – 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 collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyze, or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child – the GDPR defines a child as anyone under the age of 16 years old. The processing of personal data of a child under 13 years of age is only lawful if parental or custodian consent has been obtained.
Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system – any structured set of personal data, which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
4.2 Anyone in a managerial or supervisory roles throughout
4.3 The Data Protection Officer a member of the senior management team, is accountable to Board of Directors/Principals of the company for the management of personal information within the company and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
4.4 The Data Protection Officer, who the Board of Directors/Principals considers to be suitably qualified and experienced, has been appointed to take responsibility for the company’s compliance with this policy on a day-to-day basis. In particular, has direct responsibility for ensuring that the company complies with the GDPR, as do Line Managers in respect of data processing that takes place within their area of responsibility.
4.5 The Data Protection Officer has specific responsibilities in respect of procedures such as the Subject Access Request procedure and are the first point of call for Employees seeking clarification on any aspect of data protection compliance.
4.6 Compliance with data protection legislation is the responsibility of all members of the company who process personal information.
4.7 The company’s Training Policy sets out specific training and awareness requirements in relation to specific roles and to members of the company generally.
4.8 Staff are responsible for ensuring that any personal data supplied by them, and that is about them, is accurate and up-to-date.
Objective: To ensure that the company is aware of any risks associated with the processing of particular types of personal information.
Where a type of processing, in particular using new technologies is likely to result in a high risk to the “rights and freedoms” of natural persons, the company shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data.
A single assessment may address a set of similar processing operations that present similar high risks.
Where, as a result of a Data Protection Impact Assessment, it is clear that the company is about to commence processing of personal information that could cause damage and/or distress to the data subjects, the decision as to whether or not the company may proceed will be escalated for review to The Data Protection Officer.
The Data Protection Officer shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the [supervisory authority].
Appropriate controls will be selected [from ISO27001 Annex A] and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to the requirements of the GDPR.
All processing of personal data will be done in accordance with the following data protection principles of the Regulation, and the company’s policies and procedures are designed to ensure compliance with them.
6.1 Personal data will be processed lawfully, fairly and transparently,
GDPR introduces the requirement for transparency whereby the controller has transparent and easily accessible policies relating to the processing of personal data and the exercise of individuals’ “rights and freedoms”.
Information will be communicated to the data subject in an intelligible form using clear and plain language. The specific information that will be provided to the data subject will as a minimum include:
6.2 Personal data can only be collected for specified, explicit and legitimate purposes.
Data obtained for specified purposes will not be used for a purpose that differs from those formally notified to the Information Commissioner as part of the company’s GDPR registration.
The company’s fair processing policy sets out the relevant procedures.
6.3 Personal data will be adequate, relevant and limited to what is necessary for processing.
6.4 Personal data will be accurate and kept up to date.
6.5 Personal data will be kept in a form such that the data subject can be identified only as long as is necessary for processing.
6.6 Personal data will be processed in a manner that ensures its security
6.7 Appropriate technical and organizational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
6.8 Personal data shall not be transferred to a country or territory outside the European Union unless that country or territory ensures an adequate level of protection for the ‘rights and freedoms’ of data subjects in relation to the processing of personal data.
The transfer of personal data outside of the EU is prohibited unless one or more of the specified safeguards or exceptions apply.
An assessment of the adequacy by the data controller taking into account the following factors:
6.8.2 Binding corporate rules
6.8.3 Model contract clauses
In the absence of an adequacy decision, including binding corporate rules, a transfer of personal data to a third country, or an international organization, shall take place only on one of the following conditions:
A list of countries that satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union.
The GDPR introduces the principle of accountability which states that the controller is not only responsible for ensuring compliance but for demonstrating that each processing operation complies with the requirements of the GDPR.
Specifically, controllers are required to maintain necessary documentation of all processing operations, implement appropriate security measures, perform DPIAs (Data Processing Impact Assessment), comply with requirements for prior notifications, or approval from supervisory authorities and appoint a Data Protection Officer if required.
Data subjects have the following rights regarding data processing, and the data that is recorded about them:
7.1 To request the ICO to assess whether any provision of the GDPR has been contravened.
7.2 The right for personal data to be provided to them in a structured, commonly used and machine-readable format
7.3 The right to have that data transmitted to another controller.
7.4 The right to object to any automated profiling without consent.
Data subjects may make data access requests as described in the our subject access request procedure this procedure also describes how the company will ensure that its response to the data access request complies with the requirements of the Regulation.
Data Subjects who wish to complain to
Data subjects may also complain directly to the ICO and the DPO in writing.
Where data subjects wish to complain about how their complaint has been handled, or appeal against any decision made following a complaint, they may lodge a further complaint to the Data Protection Officer. The right to do this is included in the GDPR section of our complaints procedure.
Consent cannot be inferred from non-response to a communication. For sensitive data, explicit written consent of data subjects will be obtained unless an alternative legitimate basis for processing exists.
In most instances, consent to process personal and sensitive data is obtained routinely by the company using standard consent documents.
Where the company provides online services to children, parental, or custodial authorisation will be obtained. This requirement applies to children under the age of 16 (unless the Member State has made provision for a lower age limit – which may be no lower than 13.
All Employees are responsible for ensuring that any personal data, which the company holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by the company to receive that information and has entered into a confidentiality agreement.
All personal data is accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy. Personal data is kept:
Care is taken to ensure that PC screens and terminals are not visible except to authorised Employees of
Manual records are held in locked cabinets and cannot be accessed by unauthorised personnel and may not be removed from business premises without explicit [written] authorisation. As soon as manual records are no longer required for day-to-day client support, they are removed from secure archiving in line with our Data Retention Policy.
Personal data may only be deleted or disposed of in line with the Data Retention Procedure. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal.
Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff are specifically authorised to process data off-site.
Data subjects have the right to access any personal data (i.e. data about them) which is held by the company in electronic format and manual records, which form part of a relevant filing system. This includes the right to inspect confidential personal references received by the company, and information obtained from third-party organisations about that person.
Subject Access Requests are dealt with as described on our DPO contact page.
The GDPR permits certain disclosures without consent so long as the information is requested for one or more of the following purposes:
All requests to provide data for one of these reasons will be supported by appropriate paperwork and all such disclosures will be specifically authorised by the Data Protection Officer
Personal data may not be retained for longer than it is required. Once a member of staff has left
Disposal of records
Personal data will be disposed of in a way that protects the “rights and freedoms” of data subjects (e.g. shredding, disposal as confidential waste, secure electronic deletion) and in line with the secure disposal procedure.
Data Protection Officer Mike Kinge can be contacted on email@example.com