Data Protection Policy
The organisation is committed to being transparent about how it collects and uses the personal data of its workforce, volunteers, and customers, and to meeting its data protection obligations. This policy sets out the organisation’s commitment to data protection, and individual rights and obligations in relation to personal data.
This policy applies to the personal data of job applicants, employees, former employees, and customers.
The organisation has appointed Sam Perry as the person with responsibility for data protection compliance within the organisation. She can be contacted at firstname.lastname@example.org .
Questions about this policy, or requests for further information, should be directed to her.
“Personal data” is any information that relates to an individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.
“Special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.
“Criminal records data” means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.
Data protection principles
The organisation processes personal data in accordance with the following data protection principles:
- The organisation processes personal data lawfully, fairly and in a transparent manner.
- The organisation collects personal data only for specified, explicit and legitimate purposes.
- The organisation processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
- The organisation keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
- The organisation keeps personal data only for the period necessary for processing.
- The organisation adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
The organisation tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons.
Where the organisation processes special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with a policy on special categories of data and criminal records data.
The organisation will update personal data promptly if an individual advises that his/her information has changed or is inaccurate.
Personal data gathered is held in the individual’s personnel or client file (in hard copy or electronic format, or both), and on HR systems. The organisation keeps a record of its processing activities in respect of personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).
As a data subject, individuals have a number of rights in relation to their personal data.
Subject access requests
Individuals have the right to make a subject access request. If an individual makes a subject access request, the organisation will tell him/her:
- whether or not his/her data is processed and if so why, the categories of personal data concerned;
- to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA)
- for how long his/her personal data is stored (or how that period is decided);
- his/her rights to rectification or erasure of data, or to restrict or object to processing;
The organisation will also provide the individual with a copy of the personal data undergoing processing.
To make a subject access request, the individual should send the request to the company’s main office address. In some cases, we may need to ask for proof of identification before the request can be processed. The organisation will inform the individual if it needs to verify his/her identity and the documents it requires in order to do this.
The organisation will normally respond to a request within a period of one month (30 days) from the date it is received.
If a subject access request is manifestly unfounded or excessive, the organisation is not obliged to comply with it. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which the organisation has already responded. If an individual submits a request that is unfounded or excessive, the organisation will notify him/her that this is the case and whether or not it will respond to it.
Individuals have a number of other rights in relation to their personal data. They can require the organisation to:
- rectify inaccurate data;
- stop processing or erase data that is no longer necessary for the purposes of processing;
- stop processing or erase data if the individual’s interests override the organisation’s legitimate grounds for processing data (where the organisation relies on its legitimate interests as a reason for processing data);
- stop processing or erase data if processing is unlawful; and
- stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override the organisation’s legitimate grounds for processing data.
The organisation takes the security of personal data seriously. The organisation has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
Where the organisation engages third parties to process personal data on its behalf, such parties do so, on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
Individuals are responsible for helping the organisation keep their personal data up to date. Individuals should let the organisation know if data provided to the organisation changes, for example if an individual moves house or changes his/her bank details.
Individuals may have access to the personal data of other individuals and of our customers and clients in the course of their employment, contract, volunteer period, or apprenticeship. Where this is the case, the organisation relies on individuals to help meet its data protection obligations to staff and to customers and clients.
Individuals who have access to personal data are required:
- to access only data that they have authority to access and only for authorised purposes;
- not to disclose data except to individuals (whether inside or outside the organisation) who have appropriate authorisation;
- to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
- not to remove personal data, or devices containing or that can be used to access personal data, from the organisation’s premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device; and
- not to store personal data on local drives or on personal devices that are used for work purposes.
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under the organisation’s disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.
The organisation will provide training to all individuals about their data protection responsibilities as part of the induction process and at regular intervals thereafter.
Individuals whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.
Equality Data Collection and Monitoring
Although there is no legal duty to collect monitoring information against individual protected characteristics, in order to demonstrate due regard to the aims of the general equality duty held by public bodies, All Seasons will collect equality data upon which to measure its equality and diversity profile.
Equality monitoring relates to one or more of the nine protected characteristics established by the 2010 Equality Act: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation and if monitored properly, particularly in relation to recruitment, can help the organisation to better balance its workforce and develop fair opportunities for all. Equality monitoring for staff will also assist All Seasons to identify and address any inequalities in the application of employment and placement practices.
All Seasons will keep all collected equality data pertaining to individuals confidential and securely stored whilst awaiting periodic analysis in line with the above aims, after which it will be destroyed.