DATA PROTECTION POLICY
22nd
May 2018
1.
Introduction
This Policy
sets out the obligations of Elmswell Contractors Ltd, a company registered in England under number 1626985,
whose registered office is at The Old Schoolhouse, 2 High Street, Needham Market,
Suffolk, IP6 8AP (“the Company”) regarding data protection and the
rights of customers, business contacts and employees (“data subjects”) in
respect of their personal data under EU Regulation 2016/679 General Data
Protection Regulation (“GDPR”).
The GDPR defines
“personal data” as any information relating to an identified or identifiable
natural person (a “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.
This Policy
sets the Company’s obligations regarding the collection, processing, transfer,
storage, and disposal of personal data. The procedures and principles set out
herein must be followed at all times by the Company,
its employees, agents, contractors, or other parties working on behalf of the
Company.
The Company
is committed not only to the letter of the law, but also to the spirit of the
law and places high importance on the correct, lawful, and fair handling of all
personal data, respecting the legal rights, privacy, and trust of all individuals
with whom it deals.
2.
The
Data Protection Principles
This Policy
aims to ensure compliance with the GDPR. The GDPR sets out the following
principles with which any party handling personal data must comply. All
personal data must be:
2.1
Processed
lawfully, fairly, and in a transparent manner in relation to the data subject.
2.2
Collected
for specified, explicit, and legitimate purposes and not further processed in a
manner that is incompatible with those purposes. Further processing for
archiving purposes in the public interest, scientific or historical research
purposes or statistical purposes shall not be considered to
be incompatible with the initial purposes.
2.3
Adequate,
relevant, and limited to what is necessary in relation to the purposes for
which it is processed.
2.4
Accurate
and, where necessary, kept up to date. Every reasonable step must be taken to
ensure that personal data that is inaccurate, having regard to the purposes for
which it is processed, is erased, or rectified without delay.
2.5
Kept
in a form which permits identification of data subjects for no longer than is
necessary for the purposes for which the personal data is processed. Personal
data may be stored for longer periods insofar as the personal data will be
processed solely for archiving purposes in the public interest, scientific or
historical research purposes, or statistical purposes, subject to
implementation of the appropriate technical and organisational measures
required by the GDPR in order to safeguard the rights
and freedoms of the data subject.
2.6
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.
3.
The
Rights of Data Subjects
The GDPR
sets out the following rights applicable to data subjects (please refer to the
parts of this policy indicated for further details):
3.1
The
right to be informed (Part 12).
3.2
The
right of access (Part 13);
3.3
The
right to rectification (Part 14);
3.4
The
right to erasure (also known as the ‘right to be forgotten’) (Part 15);
3.5
The
right to restrict processing (Part 16);
3.6
The
right to object (Part 17); and
4.
Lawful,
Fair, and Transparent Data Processing
4.1
The
GDPR seeks to ensure that personal data is processed lawfully, fairly, and
transparently, without adversely affecting the rights of the data subject. The
GDPR states that processing of personal data shall be lawful if at least one of
the following applies:
4.1.1 The data subject has given consent
to the processing of their personal data for one or more specific purposes;
4.1.2 The processing is necessary for the
performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior
to entering into a contract with them;
4.1.3 The processing is necessary for
compliance with a legal obligation to which the data controller is subject;
4.1.4 The processing is necessary to
protect the vital interests of the data subject or of another natural person;
4.1.5 The 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; or
4.1.6 The processing is necessary for the
purposes of the legitimate interests pursued by the data controller or by a
third party, except where such interests are overridden by the fundamental
rights and freedoms of the data subject which require protection of personal
data, in particular where the data subject is a child.
4.2
If
the personal data in question is “special category data” (also known as
“sensitive personal data”) (for example, data concerning the data subject’s
race, ethnicity, politics, religion, trade union membership, genetics,
biometrics (if used for ID purposes), health, sex life, or sexual orientation),
at least one of the following conditions must be met:
4.2.1 The data subject has given their
explicit consent to the processing of such data for one or more specified
purposes (unless EU or EU Member State law prohibits them from doing so);
4.2.2 The processing is necessary to
protect the vital interests of the data subject or of another natural person
where the data subject is physically or legally incapable of giving consent;
4.2.3 The data controller is a
foundation, association, or other non-profit body with a political,
philosophical, religious, or trade union aim, and the processing is carried out
in the course of its legitimate activities, provided
that the processing relates solely to the members or former members of that
body or to persons who have regular contact with it in connection with its
purposes and that the personal data is not disclosed outside the body without
the consent of the data subjects;
4.2.4 The processing relates to personal
data which is clearly made public by the data subject;
4.2.5 The processing is necessary for the
conduct of legal claims or whenever courts are acting in their judicial
capacity;
4.2.6 The processing is necessary for
substantial public interest reasons, on the basis of
EU or EU Member State law which shall be proportionate to the aim pursued,
shall respect the essence of the right to data protection, and shall provide
for suitable and specific measures to safeguard the fundamental rights and
interests of the data subject;
4.2.7 The processing is necessary for the
purposes of preventative or occupational medicine, for the assessment of the
working capacity of an employee, for medical diagnosis, for the provision of
health or social care or treatment, or the management of health or social care
systems or services on the basis of EU or EU Member
State law or pursuant to a contract with a health professional, subject to the
conditions and safeguards referred to in Article 9(3) of the GDPR;
4.2.8 The processing is necessary for
public interest reasons in the area of public health,
for example, protecting against serious cross-border threats to health or
ensuring high standards of quality and safety of health care and of medicinal
products or medical devices, on the basis of EU or EU Member State law which
provides for suitable and specific measures to safeguard the rights and
freedoms of the data subject (in particular, professional secrecy); or
4.2.9 The processing is necessary for
archiving purposes in the public interest, scientific or historical research
purposes, or statistical purposes in accordance with Article 89(1) of the GDPR
based on EU or EU Member State law 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 the fundamental rights and the
interests of the data subject.
5.
Specified,
Explicit, and Legitimate Purposes
5.1
The
Company collects and processes the personal data set out in Part 18 of this
Policy. This includes:
5.1.1 Personal data collected directly
from data subjects and
5.1.2 Personal data obtained from third
parties.
5.2
The
Company only collects, processes, and holds personal data for the specific
purposes set out in Part 18 of this Policy (or for other purposes expressly
permitted by the GDPR).
5.3
Data
subjects are kept informed at all times of the purpose
or purposes for which the Company uses their personal data. Please refer to
Part 12 for more information on keeping data subjects informed.
6.
Adequate,
Relevant, and Limited Data Processing
The Company
will only collect and process personal data for and to the extent necessary for
the specific purpose or purposes of which data subjects have been informed (or
will be informed) as under Part 5, above, and as set out in Part 18, below.
7.
Accuracy
of Data and Keeping Data Up-to-Date
7.1
The
Company shall ensure that all personal data collected, processed, and held by
it is kept accurate and up-to-date. This includes, but is not limited to, the
rectification of personal data at the request of a data subject, as set out in
Part 14, below.
7.2
The
accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal
data is found to be inaccurate or out-of-date, all reasonable steps will be
taken without delay to amend or erase that data, as appropriate.
8.
Data
Retention
8.1
The
Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal
data was originally collected, held, and processed.
8.2
When
personal data is no longer required, all reasonable steps will be taken to
erase or otherwise dispose of it without delay.
8.3
For
full details of the Company’s approach to data retention, including retention
periods for specific personal data types held by the Company, please refer to
our Data Retention Policy.
9.
Secure
Processing
The Company
shall ensure that all personal data collected, held, and processed is kept
secure and protected against unauthorised or unlawful processing and against
accidental loss, destruction, or damage. Further details of the technical and
organisational measures which shall be taken are provided in Parts 19 to 25 of
this Policy.
10.
Accountability
and Record-Keeping
10.1
The
Company’s Data Controller is Sarah Evans, the Company address.
10.2
The
Data Control Officer shall be responsible for overseeing the implementation of
this Policy and for monitoring compliance with this Policy, the Company’s other
data protection-related policies, and with the GDPR and other applicable data
protection legislation.
10.3
The
Company shall keep written internal records of all personal data collection,
holding, and processing, which shall incorporate the following information:
10.3.1 The name and details of the
Company, its Data Control Officer, and any applicable third-party data
processors including but restricted to Data Administrator e.g. for Payroll
administration.
10.3.2 The purposes for which the Company
collects, holds, and processes personal data;
10.3.3 Details of the categories of
personal data collected, held, and processed by the Company, and the categories
of data subject to which that personal data relates;
10.3.4 Details of how long personal data
will be retained by the Company relate to the type of data held for statutory
and non-statutory purposes as decided by the Data Controller.
10.3.5 Detailed descriptions of all
technical and organisational measures taken by the Company to ensure the
security of personal data.
11.
Data
Protection Impact Assessments
11.1
The
Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data
which involve the use of new technologies and the processing involved is likely
to result in a high risk to the rights and freedoms of data subjects under the
GDPR.
11.2
Data
Protection Impact Assessments shall be overseen by the Data Control Officer and
shall address the following:
11.2.1 The type(s) of personal data that
will be collected, held, and processed;
11.2.2 The purpose(s) for which personal
data is to be used;
11.2.3 The Company’s objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or
external) who are to be consulted;
11.2.6 The necessity and proportionality
of the data processing with respect to the purpose(s) for which it is being
processed;
11.2.7 Risks posed to data subjects;
11.2.8 Risks posed both within and to the
Company; and
11.2.9 Proposed measures to minimise and
handle identified risks.
12.
Keeping
Data Subjects Informed
12.1
The
Company shall provide the information set out in Part 12.2 to every data
subject:
12.1.1 Where personal data is collected
directly from data subjects, those data subjects will be informed of its
purpose at the time of collection; and
12.1.2 Where personal data is obtained
from a third party, the relevant data subjects will be informed of its purpose:
a)
if
the personal data is used to communicate with the data subject, when the first
communication is made; or
b)
if
the personal data is to be transferred to another party, before that transfer
is made; or
c)
as
soon as reasonably possible and in any event not more than one month after the
personal data is obtained.
12.2
The
following information shall be provided:
12.2.1 Details of the Company including,
but not limited to, the identity of its Data Control Officer;
12.2.2 The purpose(s) for which the
personal data is being collected and will be processed (as detailed in Part 18
of this Policy) and the legal basis justifying that collection and processing;
12.2.3 Where applicable, the legitimate
interests upon which the Company is justifying its collection and processing of
the personal data;
12.2.4 Where the personal data is not
obtained directly from the data subject, the categories of personal data
collected and processed;
12.2.5 Where the personal data is to be
transferred to one or more third parties, details of those parties;
12.2.6 Details of data retention;
12.2.7 Details of the data subject’s
rights under the GDPR;
12.2.8 Details of the data subject’s right
to withdraw their consent to the Company’s processing of their personal data at
any time;
12.2.9 Details of the data subject’s right
to complain to the Information Commissioner’s Office (the “supervisory
authority” under the GDPR);
12.2.10
Where
applicable, details of any legal or contractual requirement or obligation
necessitating the collection and processing of the personal data and details of
any consequences of failing to provide it; and
12.2.11
Details
of any automated decision-making or profiling that will take place using the
personal data, including information on how decisions will be made, the
significance of those decisions, and any consequences.
13.
Data
Subject Access
13.1
Data
subjects may make subject access requests (“SARs”) at any time to find out more
about the personal data which the Company holds about them, what it is doing
with that personal data, and why.
13.2
Employees
wishing to make a SAR should do using a Subject Access Request Form, sending
the form to the Company’s Data Control Officer at the Company address.
13.3
Responses
to SARs shall normally be made within one month of receipt, however this may be
extended by up to two months if the SAR is complex and/or numerous requests are
made. If such additional time is required, the data subject shall be informed.
13.4
All
SARs received shall be handled by the Company’s Data Control Officer.
13.5
The
Company does not charge a fee for the handling of normal SARs. The Company
reserves the right to charge reasonable fees for additional copies of
information that has already been supplied to a data subject, and for requests
that are manifestly unfounded or excessive, particularly where such requests
are repetitive.
14.
Rectification
of Personal Data
14.1
Data
subjects have the right to require the Company to rectify any of their personal
data that is inaccurate or incomplete.
14.2
The
Company shall rectify the personal data in question, and inform the data
subject of that rectification, within one month of the data subject informing
the Company of the issue. The period can be extended by up to two months in the
case of complex requests. If such additional time is required, the data subject
shall be informed.
14.3
In the event that any affected personal data has been disclosed to third
parties, those parties shall be informed of any rectification that must be made
to that personal data.
15.
Erasure
of Personal Data
15.1
Data
subjects have the right to request that the Company erases the personal data it
holds about them in the following circumstances:
15.1.1 It is no longer necessary for the
Company to hold that personal data with respect to the purpose(s) for which it
was originally collected or processed;
15.1.2 The data subject wishes to withdraw
their consent to the Company holding and processing their personal data;
15.1.3 The data subject objects to the
Company holding and processing their personal data (and there is no overriding
legitimate interest to allow the Company to continue doing so) (see Part 17 of
this Policy for further details concerning the right to object);
15.1.4 The personal data has been
processed unlawfully;
15.1.5 The personal data needs to be
erased in order for the Company to comply with a
particular legal obligation.
15.2
Unless
the Company has reasonable grounds to refuse to erase personal data, all
requests for erasure shall be complied with, and the data subject informed of
the erasure, within one month of receipt of the data subject’s request. The
period can be extended by up to two months in the case of complex requests. If
such additional time is required, the data subject shall be informed.
15.3
In the event that any personal data that is to be erased in response to a
data subject’s request has been disclosed to third parties, those parties shall
be informed of the erasure (unless it is impossible or would require
disproportionate effort to do so).
16.
Restriction
of Personal Data Processing
16.1
Data
subjects may request that the Company ceases processing the personal data it
holds about them. If a data subject makes such a request, the Company shall
retain only the amount of personal data concerning that data subject (if any)
that is necessary to ensure that the personal data in question is not processed
further.
16.2
In the event that any affected personal data has been disclosed to third
parties, those parties shall be informed of the applicable restrictions on
processing it (unless it is impossible or would require disproportionate effort
to do so).
17.
Objections
to Personal Data Processing
17.1
Data
subjects have the right to object to the Company processing their personal data
based on legitimate interests, direct marketing (including profiling).
17.2
Where
a data subject objects to the Company processing their personal data based on
its legitimate interests, the Company shall cease such processing immediately,
unless it can be demonstrated that the Company’s legitimate grounds for such
processing override the data subject’s interests, rights, and freedoms, or that
the processing is necessary for the conduct of legal claims.
18.
Personal
Data Collected, Held, and Processed
The
following personal data is collected, held, and processed by the Company (for
details of data retention, please refer to the Company’s Data Retention
Policy):
|
Type of Data |
Purpose of Data |
|
Employees personal data |
Contractual purposes |
|
Customers, suppliers and other
business contacts information not in the public domain |
For legitimate business and
contractual management purposes |
19. Data Security - Transferring
Personal Data and Communications
The Company
shall ensure that the following measures are taken with respect to all
communications and other transfers involving personal data:
19.1
All
emails containing personal data must be encrypted;
19.2
All
emails containing personal data must be marked “confidential”;
19.3
Personal
data may be transmitted over secure networks only; transmission over unsecured
networks is not permitted in any circumstances;
19.4
Personal
data may not be transmitted over a wireless network if there is a wired
alternative that is reasonably practicable;
19.5
Personal
data contained in the body of an email, whether sent or received, should be
copied from the body of that email and stored securely. The email itself should
be deleted.
19.6
Where
personal data is to be transferred in hardcopy form it should be passed
directly to the recipient
19.7
All
personal data to be transferred physically, whether in hardcopy form or on
removable electronic media shall be transferred in a suitable marked “confidential”.
20. Data Security - Storage
The Company
shall ensure that the following measures are taken with respect to the storage
of personal data:
20.1
All
electronic copies of personal data should be stored securely using passwords
and data encryption;
20.2
All
hardcopies of personal data, along with any electronic copies stored on
physical, removable media should be stored securely in a locked box, drawer,
cabinet, or similar;
20.3
All
personal data stored electronically should be backed up with backups stored offsite.
20.4
No personal data should be stored on any
mobile device (including, but not limited to, laptops, tablets, and
smartphones), whether such device belongs to the Company or otherwise; and
20.5
No personal data should be transferred to any
device personally belonging to an employee and personal data may only be
transferred to devices belonging to agents, contractors, or other parties
working on behalf of the Company where the party in question has agreed to
comply fully with the letter and spirit of this Policy and of the GDPR (which
may include demonstrating to the Company that all suitable technical and
organisational measures have been taken).
21. Data Security - Disposal
When any
personal data is to be erased or otherwise disposed of for any reason
(including where copies have been made and are no longer needed), it should be
securely deleted and disposed of. For further information on the deletion and
disposal of personal data, please refer to the Company’s Data Retention Policy.
22. Data Security - Use of Personal
Data
The Company
shall ensure that the following measures are taken with respect to the use of
personal data:
22.1
No
personal data may be shared informally and if an employee, agent,
sub-contractor, or other party working on behalf of the Company requires access
to any personal data that they do not already have access to, such access
should be formally requested from the Data Controller;
22.2
No
personal data may be transferred to any employees, agents, contractors, or
other parties, whether such parties are working on behalf of the Company or
not, without the authorisation of the Data Controller;
22.3
Personal
data must be handled with care at all times and should
not be left unattended or on view to unauthorised employees, agents,
sub-contractors, or other parties at any time;
22.4
If
personal data is being viewed on a computer screen and the computer in question
is to be left unattended for any period of time, the
user must lock the computer and screen before leaving it; and
22.5
Where
personal data held by the Company is used for marketing purposes, it shall be
the responsibility of the Data Controller to ensure that the appropriate
consent is obtained and that no data subjects have opted out, whether directly
or via a third-party service such as the TPS.
23. Data Security - IT Security
The Company
shall ensure that the following measures are taken with respect to IT and
information security:
23.1
All
passwords used to protect personal data should be changed regularly and should
not use words or phrases that can be easily guessed or otherwise compromised.
All passwords must contain a combination of uppercase and lowercase letters,
numbers, and symbols.
23.2
Under
no circumstances should any passwords be written down or shared between any
employees, agents, contractors, or other parties working on behalf of the
Company, irrespective of seniority or department. If a password is forgotten,
it must be reset using the applicable method. IT staff do not have access to
passwords.
23.3
All
software (including, but not limited to, applications and operating systems)
shall be kept up-to-date. The Company’s IT staff shall be responsible for
installing any and all security-related updates as
soon as reasonably and practically possible, unless there are valid technical
reasons not to do so; and
23.4
No
software may be installed on any Company-owned computer or device without the
prior approval of the Data Controller in conjunction with the Directors.
24.
Organisational
Measures
The Company
shall ensure that the following measures are taken with respect to the
collection, holding, and processing of personal data:
24.1
All
employees, agents, contractors, or other parties working on behalf of the
Company shall be made fully aware of both their individual responsibilities and
the Company’s responsibilities under the GDPR and under this Policy, and shall
be provided with a copy of this Policy;
24.2
Only
employees, agents, sub-contractors, or other parties working on behalf of the
Company that need access to, and use of, personal data in
order to carry out their assigned duties correctly shall have access to
personal data held by the Company;
24.3
All
employees, agents, contractors, or other parties working on behalf of the
Company handling personal data will be appropriately trained to do so;
24.4
All
employees, agents, contractors, or other parties working on behalf of the
Company handling personal data will be appropriately supervised;
24.5
All
employees, agents, contractors, or other parties working on behalf of the
Company handling personal data shall be required and encouraged to exercise
care, caution, and discretion when discussing work-related matters that relate
to personal data, whether in the workplace or otherwise;
24.6
Methods
of collecting, holding, and processing personal data shall be regularly
evaluated and reviewed;
24.7
All
personal data held by the Company shall be reviewed periodically, as set out in
the Company’s Data Retention Policy;
24.8
The
performance of those employees, agents, contractors, or other parties working
on behalf of the Company handling personal data shall be regularly evaluated
and reviewed;
24.9
All
employees, agents, contractors, or other parties working on behalf of the
Company handling personal data will be bound to do so in accordance with the
principles of the GDPR and this Policy by contract;
24.10
All
agents, contractors, or other parties working on behalf of the Company handling
personal data must ensure that any and all of their
employees who are involved in the processing of personal data are held to the
same conditions as those relevant employees of the Company arising out of this
Policy and the GDPR; and
24.11
Where
any agent, contractor or other party working on behalf of the Company handling
personal data fails in their obligations under this Policy that party shall
indemnify and hold harmless the Company against any costs, liability, damages,
loss, claims or proceedings which may arise out of that failure.
25.
Data
Breach Notification
25.1
All
personal data breaches must be reported immediately to the Company’s Data Control
Officer.
25.2
If
a personal data breach occurs and that breach is likely to result in a risk to
the rights and freedoms of data subjects (e.g. financial loss, breach of
confidentiality, discrimination, reputational damage, or other significant
social or economic damage), the Data Control Officer must ensure that the
Information Commissioner’s Office is informed of the breach without delay, and
in any event, within 72 hours after having become aware of it.
25.3
In the event that a personal data breach is likely to result in a high risk
(that is, a higher risk than that described elsewhere to the rights and
freedoms of data subjects, the Data Control Officer must ensure that all
affected data subjects are informed of the breach directly and without undue
delay.
25.4
Data
breach notifications shall include the following information:
25.4.1 The categories and approximate
number of data subjects concerned;
25.4.2 The categories and approximate
number of personal data records concerned;
25.4.3 The name and contact details of the
Company’s Data Control Officer (or other contact point where more information
can be obtained);
25.4.4 The likely consequences of the
breach;
25.4.5 Details of the measures taken, or
proposed to be taken, by the Company to address the breach including, where
appropriate, measures to mitigate its possible adverse effects.
26.
Implementation
of Policy
This Policy shall
be deemed effective as of May 2018. No part of this Policy shall have
retroactive effect and shall thus apply only to matters occurring on or after
this date.
This Policy
has been approved and authorised by:
|
Name: |
Sarah
Evans |
|
Position: |
Director |
|
Date: |
22.05.18 |
|
Due
for Review by: |
22.05.19 |
|
|
|