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 relating to employee data
subjects. 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 orunlawful
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);
3.2 The right to rectification (Part 14);
3.3 The right to erasure (also known as the ‘right to be
forgotten’) (Part 15);
3.4 The right to restrict processing (Part 16);
3.5 The right to data portability (Part 17);
3.6 The right to object (Part 18); and
3.7 Rights with respect to automated decision-making and
profiling (Parts 19 and 20).
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 for the purpose of carrying
out the obligations and exercising specific rights of the data controller or of
the data subject in the field of employment, social security, and social
protection law (insofar as it is authorised by EU or EU Member State law or a
collective agreement pursuant to EU Member State law which provides for
appropriate safeguards for the fundamental rights and interests of the data
subject);
4.2.3 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;
4.2.4 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;
4.2.5 The processing relates to personal data which is clearly
made public by the data subject;
4.2.6 The processing is necessary for the conduct of legal
claims or whenever courts are acting in their judicial capacity;
4.2.7 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;
4.2.8 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;
4.2.9 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
4.2.10 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 Parts 21 to 25 of this Policy. This includes:
5.1.1 Personal data collected directly from employee data
subjects and
5.1.2 Personal data obtained from third parties.
5.2 The specific purposes for which the Company collects,
processes, and holds such personal data are set out in Parts 21 to 25 of this
Policy (or for other purposes expressly permitted by the GDPR).
5.3 Employee 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 employee data subjects
have been informed (or will be informed) as under Part 5, above, and as set out
in Parts 21 to 25, 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 an employee 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 yearly 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 26 to 31 of this Policy.
10. Accountability and Record-Keeping
10.1 The Company’s Data Protection Officer is Paul Green,
Tivoli Legal Officer, The Dovecote, Crewe Hall Farm, Old Park Road, Crewe, CW1
5UE.
10.2 The Data Protection Officer shall be responsible working
together with the HR Department for overseeing the implementation of this
Policy and for monitoring compliance with this Policy, the Company’s other
employment and 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 Protection
Officer, and any applicable third-party data processors;
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 employee data subject
to which that personal data relates;
10.3.4 Details of any transfers of personal data to non-EEA
countries including all mechanisms and security safeguards;
10.3.5 Details of how long personal data will be retained by the
Company (please refer to the Company’s Data Retention Policy); and
10.3.6 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 employee data subjects
under the GDPR.
11.2 Data Protection Impact Assessments shall be overseen by
the Data Protection 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 employee 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 employee data subject:
12.1.1 Where personal data is collected directly from employee
data subjects, those employee 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 employee data subjects will be informed of its purpose:
a) if the personal data is used to communicate with the
employee 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 Protection Officer;
12.2.2 The purpose(s) for which the personal data is being
collected and will be processed (as detailed in Parts 21 to 25 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
employee 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 Where the personal data is to be transferred to a third
party that is located outside of the European Economic Area (the “EEA”),
details of that transfer, including but not limited to the safeguards in place
(see Part 32 of this Policy for further details);
12.2.7 Details of data retention;
12.2.8 Details of the employee data subject’s rights under the
GDPR;
12.2.9 Details of the employee data subject’s right to withdraw
their consent to the Company’s processing of their personal data;
12.2.10 Details of the employee data subject’s right to complain
to the Information Commissioner’s Office (the “supervisory authority” under the
GDPR);
12.2.11 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
12.2.12 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 Employee 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 Protection Officer
at Tivoli, The Dovecote, Crewe Hall Farm, Old Park Road, Crewe, CW1 5UE.
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 employee data subject shall be informed.
13.4 All SARs received shall be handled by the Company’s Data Protection
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 an employee
data subject, and for requests that are manifestly unfounded or excessive,
particularly where such requests are repetitive.
14. Rectification of Personal Data
14.1 Employee 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 employee data subject of that rectification, within one month of
the employee 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 employee 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 Employee 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 employee data subject wishes to withdraw their
consent to the Company holding and processing their personal data;
15.1.3 The employee 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 18 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
employee data subject informed of the erasure, within one month of receipt of
the employee 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 employee data subject shall be informed.
15.3 In the event that any personal data that is to be erased
in response to an employee 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 Employee data subjects may request that the Company
ceases processing the personal data it holds about them. If an employee 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. Data Portability
17.1 The Company processes personal data relating to employees
using automated means. The Company have
put in place safeguards to protect the personal information we hold from
misuse, interference or loss and unauthorised access, modification or
disclosure. The Company applies
technical security measures such as encryption and FTP.
17.2 Where employee data subjects have given their consent to
the Company to process their personal data in such a manner, or the processing
is otherwise required for the performance of a contract between the Company and
the employee data subject, employee data subjects have the right, under the
GDPR, to receive a copy of their personal data and to use it for other purposes
(namely transmitting it to other data controllers).
17.3 To facilitate the right of data portability, the Company
shall make available all applicable personal data to employee data subjects in
the following formats:
17.3.1 Paper based
17.3.2 Electronic via secure e-mail;
17.4 Where technically feasible, if requested by an employee
data subject, personal data shall be sent directly to the required data
controller.
17.5 All requests for copies of personal data shall be
complied with within one month of the employee data subject’s request. The
period can be extended by up to two months in the case of complex or numerous
requests. If such additional time is required, the employee data subject shall
be informed.
18. Objections to Personal Data Processing
18.1 Employee data subjects have the right to object to the
Company processing their personal data based on legitimate interests, direct
marketing (including profiling), and processing for scientific and/or
historical research and statistics purposes.
18.2 Where an employee 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 employee data
subject’s interests, rights, and freedoms, or that the processing is necessary
for the conduct of legal claims.
18.3 Where an employee data subject objects to the Company processing
their personal data for direct marketing purposes, the Company shall cease such
processing immediately.
18.4 Where an employee data subject objects to the Company
processing their personal data for scientific and/or historical research and
statistics purposes, the employee data subject must, under the GDPR,
“demonstrate grounds relating to his or her particular situation”. The Company
is not required to comply if the research is necessary for the performance of a
task carried out for reasons of public interest.
19. Automated Decision-Making
19.1 The Company uses personal data in automated
decision-making processes with respect to its employees.
19.2 Where such decisions have a legal (or similarly
significant effect) on employee data subjects, those employee data subjects
have the right to challenge to such decisions under the GDPR, requesting human
intervention, expressing their own point of view, and obtaining an explanation
of the decision from the Company.
19.3 The right described in Part 19.2 does not apply in the following
circumstances:
19.3.1 The decision is necessary for the entry into, or
performance of, a contract between the Company and the employee data subject;
19.3.2 The decision is authorised by law; or
19.3.3 The employee data subject has given their explicit
consent.
20. Profiling
20.1 The Company uses personal data for profiling purposes
with respect to its employees.
20.2 When personal data is used for profiling purposes, the
following shall apply:
20.2.1 Clear information explaining the profiling shall be
provided to employee data subjects, including the significance and likely
consequences of the profiling;
20.2.2 Appropriate mathematical or statistical procedures shall
be used;
20.2.3 Technical and organisational measures shall be
implemented to minimise the risk of errors. If errors occur, such measures must
enable them to be easily corrected; and
20.2.4 All personal data processed for profiling purposes shall
be secured in order to prevent discriminatory effects arising out of profiling
(see Parts 26 to 30 of this Policy for more details on data security).
21. Personal Data
The
Company holds personal data that is directly relevant to its employees. That
personal data shall be collected, held, and processed in accordance with
employee data subjects’ rights and the Company’s obligations under the GDPR and
with this Policy. The Company may collect, hold, and process the personal data
detailed in Parts 21 to 25 of this Policy:
21.1 Identification information relating to employees:
21.1.1 Name;
21.1.2 Contact Details (address, telephone number and email
address);
21.1.3 Emergency Contact Details
21.1.4 Identification Details (driver licence details or
passport information)
21.2 Equal opportunities monitoring information (such
information shall be anonymised where possible)
21.2.1 Age;
21.2.2 Gender;
21.2.3 Ethnicity;
21.2.4 Nationality;
21.2.5 Religion;
21.3 Health records (where applicable) (Please refer to Part
22, below, for further information):
21.3.1 Details of sick leave;
21.3.2 Medical conditions;
21.3.3 Disabilities;
21.3.4 Prescribed medication;
21.4 Employment records:
21.4.1 Interview notes;
21.4.2 CVs, application forms, covering letters, and similar
documents;
21.4.3 Assessments, performance reviews, and similar documents;
21.4.4 Details of remuneration including salaries, pay
increases, bonuses, commission, overtime, benefits, and expenses;
21.4.5 Employer references;
21.4.6 Details of trade union membership (where applicable)
(please refer to Part 24, below, for further information);
21.4.7 Employee monitoring information (please refer to Part 25,
below, for further information);
21.4.8 Records of disciplinary matters including reports and
warnings, both formal and informal;
21.4.9 Details
of grievances including documentary evidence, notes from interviews, procedures
followed, and outcomes;
22. Health Records
22.1 The Company holds health records on employee data
subjects which are used to assess the health, wellbeing, and welfare of
employees and to highlight any issues which may require further investigation.
In particular, the Company places a high priority on maintaining health and
safety in the workplace, on promoting equal opportunities, and on preventing
discrimination on the grounds of disability or other medical conditions. In
most cases, health data on employees’ falls within the GDPR’s definition of
special category data (see Part 4 of this Policy for a definition). Any and all
data relating to employee data subjects’ health, therefore, will be collected, held,
and processed strictly in accordance with the conditions for processing special
category personal data, as set out in Part 4 of this Policy. No special
category personal data will be collected, held, or processed without the
relevant employee data subject’s express consent.
22.2 Health records shall be accessible and used only by the
relevant employee’s line managers and shall not be revealed to other employees,
agents, contractors, or other parties working on behalf of the Company without
the express consent of the employee data subject(s) to whom such data relates, except
in exceptional circumstances where the wellbeing of the employee data
subject(s) to whom the data relates is at stake and such circumstances satisfy one or more of the conditions set out in Part 4.2 of this Policy.
22.3 Health records will only be collected, held, and
processed to the extent required to ensure that employees are able to perform
their work correctly, legally, safely, and without unlawful or unfair
impediments or discrimination.
22.4 Employee data subjects have the right to request that the
Company does not keep health records about them. All such requests must be made
in writing and addressed to Paul Green the Data Protection Officer at Tivoli,
The Dovecote, Crewe Hall Farm, Old Park Road, Crewe, CW1 5UE.
23. Benefits
23.1 In cases where employee data subjects are enrolled in
benefit schemes which are provided by the Company, it may be necessary from
time to time for third party organisations to collect personal data from
relevant employee data subjects.
23.2 Prior to the collection of such data, employee data
subjects will be fully informed of the personal data that is to be collected,
the reasons for its collection, and the way(s) in which it will be processed,
as per the information requirements set out in Part 12 of this Policy.
23.3 The Company shall not use any such personal data except
insofar as is necessary in the administration of the relevant benefits schemes.
23.4 The following schemes are available to employees. Please
note that not all schemes may be applicable to all employees:
23.4.1 BUPA Select Enhanced Medical Cover. For further
information, please contact the Data Protection Officer. The following personal
data may be collected, held, and processed:
a) Name;
b) Address;
c) Date of Birth;
d) Health conditions;
e) Medical records where appropriate and where permission
has been obtained from the employee
23.4.2 Canada Life Group Income Protection. For further
information, please contact the Data Protection Officer. The following personal
data may be collected, held, and processed:
a) Name;
b) Address;
c) Date of Birth;
d) Income details;
e) Job Title
f) Medical records and reports where appropriate and where
permission has been obtained
from the employee
24. Trade Unions
24.1 The Company will provide the following personal data
concerning relevant employee data subjects to bona fide trade unions where
those unions are recognised by the Company. In most cases, information about an
individual’s trade union membership falls within the GDPR’s definition of
special category data (see Part 4 of this Policy for a definition). Any and all
data relating to employee data subjects’ trade union membership, therefore,
will be collected, held, and processed strictly in accordance with the conditions
for processing special category personal data, as set out in Part 4 of this
Policy. No special category personal data will be collected, held, or processed
without the relevant employee data subject’s express consent. The following
data will be collected and supplied:
24.1.1 Name;
24.1.2 Job description;
All
employee data subjects have the right to request that the Company does not
supply their personal data to trade unions and shall be informed of that right
before any such transfer is made.
25. Employee Monitoring
25.1 The Company may from time to time monitor the activities
of employee data subjects. Such monitoring may include, but will not
necessarily be limited to, internet and email monitoring. In the event that
monitoring of any kind is to take place (unless exceptional circumstances, such
as the investigation of criminal activity or a matter of equal severity,
justify covert monitoring), employee data subjects will be informed of the
exact nature of the monitoring in advance.
25.2 Monitoring should not (unless exceptional circumstances
justify it, as above) interfere with an employee’s normal duties.
25.3 Monitoring will only take place if the Company considers
that it is necessary to achieve the benefit it is intended to achieve. Personal
data collected during any such monitoring will only be collected, held, and
processed for reasons directly related to (and necessary for) achieving the
intended result and, at all times, in accordance with employee data subjects’
rights and the Company’s obligations under the GDPR.
25.4 The Company shall ensure that there is no unnecessary
intrusion upon employee data subjects’ personal communications or activities,
and under no circumstances will monitoring take place outside of an employee
data subject’s normal place of work or work hours, unless the employee data
subject in question is using Company equipment or other facilities including,
but not limited to, Company email, the Company intranet, or a virtual private
network (“VPN”) service provided by the Company for employee use.
26. 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 (including, but not
limited to, personal data relating to employees):
26.1 All emails containing personal data must be encrypted.
26.2 All emails containing personal data must be marked
“confidential”;
26.3 Personal data may be transmitted over secure networks
only; transmission over unsecured networks is not permitted in any circumstances;
26.4 Personal data may not be transmitted over a wireless
network if there is a wired alternative that is reasonably practicable;
26.5 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. All temporary files associated
therewith should also be deleted;
26.6 Where personal data is to be sent by facsimile
transmission the recipient should be informed in advance of the transmission
and should be waiting by the fax machine to receive the data;
26.7 Where personal data is to be transferred in hardcopy form
it should be passed directly to the recipient signed for or sent using special
delivery to the named individual.
26.8 All personal data to be transferred physically, whether
in hardcopy form or on removable electronic media shall be transferred in a
suitable container marked “confidential”.
27. Data Security - Storage
The
Company shall ensure that the following measures are taken with respect to the
storage of personal data (including, but not limited to, personal data relating
to employees):
27.1 All electronic copies of personal data should be stored
securely using passwords and Sophos Encryption and AES 256 bit data encryption;
27.2 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;
27.3 All personal data stored electronically should be backed
up weekly with backups stored offsite. All backups should be encrypted Sophos
Encryption and AES 256 Bit data encryption;
27.4 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 without the formal written
approval of Paul Green the Data Protection Officer at Tivoli, The Dovecote,
Crewe Hall Farm, Old Park Road, Crewe, CW1 5UE and, in the event of such
approval, strictly in accordance with all instructions and limitations
described at the time the approval is given, and for no longer than is
absolutely necessary; and
27.5 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).
28. 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.
29. Data Security - Use of Personal Data
The
Company shall ensure that the following measures are taken with respect to the
use of personal data:
29.1 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 Paul Green the Data
Protection Officer at Tivoli, The Dovecote, Crewe Hall Farm, Old Park Road,
Crewe, CW1 5UE.
29.2 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 employee or of
Paul Green the Data Protection Officer at Tivoli, The Dovecote, Crewe Hall
Farm, Old Park Road, Crewe, CW1 5UE
29.3 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;
29.4 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
29.5 Where personal data held by the Company is used for
marketing purposes, it shall be the responsibility of Marketing and Communications Manager to ensure that the appropriate consent has been obtained
and that employee data subjects have opted in, whether directly or via a
third-party service such as the TPS.
30. Data Security - IT Security
The
Company shall ensure that the following measures are taken with respect to IT
and information security:
30.1 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. All software used by the
Company is designed to require such passwords;
30.2 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;
30.3 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 not more than
two months after the updates are made available by the publisher or
manufacturer OR as soon as reasonably and practically possible, unless there
are valid technical reasons not to do so; and
30.4 No software may be installed on any Company-owned
computer or device without the prior approval of Unigold 2000.
31. Organisational Measures
The
Company shall ensure that the following measures are taken with respect to the
collection, holding, and processing of personal data:
31.1 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;
31.2 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;
31.3 All employees, agents, contractors, or other parties
working on behalf of the Company handling personal data will be appropriately
trained to do so;
31.4 All employees, agents, contractors, or other parties
working on behalf of the Company handling personal data will be appropriately
supervised;
31.5 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;
31.6 Methods of collecting, holding, and processing personal
data shall be regularly evaluated and reviewed;
31.7 All personal data held by the Company shall be reviewed
periodically, as set out in the Company’s Data Retention Policy;
31.8 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;
31.9 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;
31.10 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
31.11 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.
32. Transferring Personal Data to a Country Outside the EEA
32.1 The Company may from time to time transfer (‘transfer’
includes making available remotely) personal data to countries outside of the
EEA.
32.2 The transfer of personal data to a country outside of the
EEA shall take place only if one or more of the following applies:
32.2.1 The transfer is to a country, territory, or one or more
specific sectors in that country (or an international organisation), that the
European Commission has determined ensures an adequate level of protection for
personal data;
32.2.2 The transfer is to a country (or international
organisation) which provides appropriate safeguards in the form of a legally
binding agreement between public authorities or bodies; binding corporate
rules; standard data protection clauses adopted by the European Commission;
compliance with an approved code of conduct approved by a supervisory authority
(e.g. the Information Commissioner’s Office); certification under an approved
certification mechanism (as provided for in the GDPR); contractual clauses
agreed and authorised by the competent supervisory authority; or provisions
inserted into administrative arrangements between public authorities or bodies
authorised by the competent supervisory authority;
32.2.3 The transfer is made with the informed consent of the
relevant employee data subject(s);
32.2.4 The transfer is necessary for the performance of a
contract between the employee data subject and the Company (or for
pre-contractual steps taken at the request of the employee data subject);
32.2.5 The transfer is necessary for important public interest
reasons;
32.2.6 The transfer is necessary for the conduct of legal
claims;
32.2.7 The transfer is necessary to protect the vital interests
of the employee data subject or other individuals where the employee data
subject is physically or legally unable to give their consent; or
32.2.8 The transfer is made from a register that, under UK or EU
law, is intended to provide information to the public and which is open for
access by the public in general or otherwise to those who are able to show a
legitimate interest in accessing the register.
33. Data Breach Notification
33.1 All personal data breaches must be reported immediately
to the Company’s Data Protection Officer.
33.2 If a personal data breach occurs and that breach is
likely to result in a risk to the rights and freedoms of employee data subjects
(e.g. financial loss, breach of confidentiality, discrimination, reputational
damage, or other significant social or economic damage), the Data Protection
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.
33.3 In the event that a personal data breach is likely to
result in a high risk (that is, a higher risk than that described under Part
29.2) to the rights and freedoms of employee data subjects, the Data Protection
Officer must ensure that all affected employee data subjects are informed of
the breach directly and without undue delay.
33.4 Data breach notifications shall include the following
information:
33.4.1 The categories and approximate number of employee data
subjects concerned;
33.4.2 The categories and approximate number of personal data
records concerned;
33.4.3 The name and contact details of the Company’s data
protection officer (or other contact point where more information can be
obtained);
33.4.4 The likely consequences of the breach;
33.4.5 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.
34. Implementation of Policy
This
Policy shall be deemed effective as of 1st June 2018. No part of
this Policy shall have retroactive effect and shall thus apply only to matters
occurring on or after this date.