1.1 We take the security and privacy of your data seriously. We need to gather and use personal information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We therefore have a duty to notify you of the information contained in this policy.
1.2 This policy applies to current and former employees, workers, volunteers, apprentices and consultants. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy. This policy operates alongside your contract of employment (or contract for services) and any other notice we issue to you from time to time in relation to your data.
1.3 We have separate policies and privacy notices in place in respect of job applicants, customers, suppliers and other categories of data subject.
1.5 We will hold data in accordance with this policy. We will only hold data for as long as necessary for the purposes for which we collected it.
1.6 We are a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.
1.7 This policy explains how we will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Company.
1.8 This policy does not form part of your contract of employment (or contract for services if relevant) and can be amended by us at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, we intend to comply with the 2018 Act and the GDPR.
2 Data Protection Principles
2.1 We will process personal data in accordance with following principles:
3 Personal data
3.1 ‘Personal data’ means information whether stored electronically or on otherwise which we collect, create or receive from you or a third party that relates and identifies a living person (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes expressions of opinion about the person and an indication of our intentions or others, in respect or that person.
3.2 This policy applies to all personal data.
3.3 This personal data could be provided or created during the recruitment process or during the course of the contract of employment (or services) or after its termination. It may be created by managers or other colleagues.
3.4 We will collect and use the following types of personal data about you:
4 Special categories of personal data
4.1 ‘Special categories of personal data’ are types of personal data consisting of information as to your:
We may hold and use any of these special categories of your personal data in accordance with the law.
5.1 ‘Processing’ means any operation which is performed on personal data such as:
This includes processing personal data which forms part of a filing system and any automated processing.
6 How will we process your personal data?
6.1 We will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.
6.2 We will use your personal data for:
We can process your personal data for these purposes without your knowledge or consent. If we intend to use your personal data for other or unrelated purposes we will tell you about it and the legal basis rely on
If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us, or perform our obligations. For example, we may not be able to pay you, check you have the legal right to work for us or to make reasonable adjustments in relation to any disability you may suffer from. Our legal responsibilities to you may be limited by the information you provide.
6.3 We will retain and process your data for the duration of your contract of employment (or services) and for three years thereafter, or for so long as may be required to comply with any legal obligations (if longer). Thereafter we will delete or destroy your personal data so far as we are able.
7 Examples of when we might process your personal data
7.1 We have to process your personal data in various situations during your recruitment, employment (or engagement) and even following termination of your employment (or engagement).
7.2 Other examples include:
7.3 We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting us.
7.4 We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:
7.5 We might process special categories of personal data for the purposes in paragraph 7.2 where relevant. In particular, we will use information in relation to:
7.6 We do not take automated decisions about you using your personal data or use profiling in relation to you.
8 Sharing your personal data
8.1 We may share your personal data with group companies (if any) or our contractors and agents or other third parties to carry out our obligations under our contract with you or for our legitimate interests.
8.2 We will require those businesses or organisations to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions, such as payroll.
8.3 We do not send your personal data outside the EU. If this changes you will be notified of this and the protections that are in place to protect the security of your data will be explained.
9 How should you process personal data for us?
9.1 Everyone who works for, or on behalf of, us has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and our Data Security and Data Retention policies.
9.2 Our Data Protection Officer is responsible for reviewing this policy and updating the Board of Directors on our data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to this person.
9.3 You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of us and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.
9.4 You should not share personal data informally.
9.5 You should keep personal data secure and not share it with unauthorised people, or outside our business.
9.6 You should regularly review and update personal data which you have to deal with for work. This includes telling us if your contact details change.
9.7 You should not make unnecessary copies of personal data and should keep and dispose of any copies securely.
9.8 You should use strong passwords.
9.9 You should lock your computer screens when not at your desk.
9.10 Personal data should be encrypted before being transferred electronically to authorised external contacts where practical.
9.11 Consider anonymising data or using separate keys/codes so that the data subject cannot be identified.
9.12 Do not save personal data to your own personal computers or other devices.
9.13 Personal data should never be transferred outside the EU except in compliance the specific authorisation of our Data Protection Officer.
9.14 You should lock drawers and filing cabinets. Do not leave paper with personal data lying about.
9.15 You should not take personal data away from our premises without authorisation from your line manager or our Data Protection Officer.
9.16 Personal data should be shredded and disposed of securely when you have finished with it.
9.17 You should ask for help from our Data Protection Officer if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon. If for any reason we do not have a Data Protection Officer for the time being in relation to any aspect of this policy, then you should refer to your line manager.
9.18 Our staff have a responsibility to assist in our compliance with our data protections obligations. Any deliberate or negligent breach of this policy by you may result in disciplinary action being taken against you in accordance with our disciplinary procedure.
9.19 It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure, which could result in your dismissal.
10 How to deal with data breaches
10.1 We have measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we (you) must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours, or as soon as practical thereafter.
10.2 If you are aware of a data breach you must immediately the Data Protection Officer and keep any evidence you have in relation to the breach.
11 Subject access requests
11.1 Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive or wish to make such a request you should give it to our Data Protection Officer who will coordinate a response (or in their absence your line manager).
11.2 We will respond within one month unless the request is particularly complex or numerous in which case the period in which we must respond can be extended by a further two months.
11.3 There is no fee for making a SAR. However, if your request is clearly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.
12 Your data subject rights
12.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.
12.2 You have the right to access your own personal data by way of a subject access request (see above).
12.3 You can correct any inaccuracies in your personal data. To do you should contact our Data Protection Officer.
12.4 You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact our Data Protection Officer.
12.5 While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact our Data Protection Officer.
12.6 You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop. Any objection to our data processing or withdrawal of consent must be in writing to the Data Protection Officer.
12.7 You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
12.8 You have the right not to be subjected to automated decision-making.
12.9 You have the right to be notified of a data security breach concerning your personal data, including any third party to whom the data was transferred.
12.10 If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact our Data Protection Officer.
12.11 You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website. This website has further information on your rights and our obligations.