DATA PROTECTION POLICY
Star Employment Services is brought to you by the publishing group The Midland News Association Limited, (MNA Media).
Midland News Association Ltd (MNA) is committed to conducting its business in accordance with the General Data Protection Regulation (GDPR) 2018.
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 forth the expected behaviours of MNA Ltd employees and third parties in relation to the collection, use, retention, transfer, disclosure and destruction of personal data belonging to MNA Ltd.
MNA needs to process certain information about its staff and customers and other individuals with whom it has a relationship.
To comply with various legal obligations, including the obligations imposed on it by the General Data Protection Regulation (GDPR) MNA must ensure that all personal information about individuals is collected and used fairly, stored safely and securely and not disclosed to any third party unlawfully.
This policy applies to all MNA staff. Any breach of this policy or of the Regulation itself will be considered an offence and the company’s disciplinary procedure may be invoked (up to and including summary dismissal for gross misconduct in serious cases.)
As a matter of best practice, other agencies and individuals working with the MNA and who have access to personal information, will be expected to read and comply with this policy.
General Data Protection Regulation (GDPR)
This piece of legislation comes in to force on the 25th May 2018. The GDPR regulates the processing of personal data, and protects the rights and privacy of all living individuals (including children), for example by giving all individuals who are the subject of personal data a general right of access to the personal data which relates to them. Individuals can exercise the right to gain access to their information by means of a ‘subject access request’. Personal data is information relating to an individual and may be in hard or soft copy (paper/manual files; electronic records; photographs; CCTV images), and may include facts or opinions about a person.
Responsibilities under the GDPR
MNA will be the ‘data controller’ under the terms of the legislation – this means it is ultimately responsible for controlling the use and processing of the personal data. The MNA appoints a Data Protection Officer (DPO), currently the Finance Director who is available to address any concerns regarding the data held by the company and how it is processed, held and used. The MNA board is also responsible for all day-to-day data protection matters, and will be responsible for ensuring that all members of staff and relevant individuals abide by this policy, and for developing and encouraging good information handling within the company.
Individuals who provide personal data to the MNA are responsible for ensuring that the information is accurate and up-to date.
The main rights for individuals under the GDPR will be:
- Subject access
- To have inaccuracies corrected
- To have information erased
- To prevent direct marketing
- To prevent automated decision making and profiling
- Data portability
Data Protection Principles
The legislation places a responsibility on every data controller to process any personal data in accordance with the eight principles. More detailed guidance on how to comply with these principles can be found in the DPCoP. Please follow this link to the ICO’s website (www.ico.gov.uk)
In order to comply with its obligations, MNA undertakes to adhere to the eight principles:
- Process personal data fairly and lawfully.
MNA will make all reasonable efforts to ensure that individuals who are the focus of the personal data (data subjects) are informed of the identity of the data controller, the purposes of the processing, any disclosures to third parties that are envisaged; given an indication of the period for which the data will be kept, and any other information which may be relevant.
- Process the data for the specific and lawful purpose for which it collected that data and not further process the data in a manner incompatible with this purpose.
MNA will ensure that the reason for which it collected the data originally is the only reason for which it processes that data, unless the individual is informed of any additional processing before it takes place.
- Ensure that the data is adequate, relevant and not excessive in relation to the purpose for which it is processed.
MNA will not seek to collect any personal data which is not strictly necessary for the purpose for which it was obtained. Forms for collecting data will always be drafted with this mind. If any irrelevant data is provided by individuals, they will be destroyed immediately.
- Keep personal data accurate and, where necessary, up to date.
MNA will review and update all data on a regular basis. It is the responsibility of the individuals giving their personal data to ensure that this is accurate, and each individual should notify the company, for example, a change in circumstances mean that the data needs to be updated. It is the responsibility of the MNA to ensure that any notification regarding the change is noted and acted on.
- Only keep personal data for as long as is necessary.
MNA undertakes not to retain personal data for longer than is necessary to ensure compliance with the legislation, and any other statutory requirements. This means MNA will undertake a regular review of the information held and implement a cleansing process. MNA will dispose of any personal data in a way that protects the rights and privacy of the individual concerned (e.g. secure electronic deletion, shredding and disposal of hard copy files as confidential waste).
- Process personal data in accordance with the rights of the data subject under the legislation.
Individuals have various rights under the legislation including a right to:
- be told the nature of the information the MNA holds and any parties to whom this may be disclosed.
- prevent processing likely to cause damage or distress.
- prevent processing for purposes of direct marketing.
- be informed about the mechanics of any automated decision taking process that will significantly affect them.
- not have significant decisions that will affect them taken solely by automated process.
- sue for compensation if they suffer damage by any contravention of the legislation.
- take action to rectify, block, erase or destroy inaccurate data.
- request that the Office of the Information Commissioner assess whether any provision of the Act has been contravened.
MNA will only process personal data in accordance with individuals’ rights.
- Put appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data, and against accidental loss or destruction of data.
All members of staff are responsible for ensuring that any personal data which they hold is kept securely and not disclosed to any unauthorised third parties. MNA will ensure that all personal data is accessible only to those who have a valid reason for using it. MNA will have in place appropriate security measures e.g. ensuring that hard copy personal data is kept in lockable filing cabinets/cupboards with controlled access (with the keys then held securely in a key cabinet with controlled access):
- keeping all personal data in a lockable cabinet with key-controlled access.
- password protecting personal data held electronically.
- archiving personal data which are then kept securely (lockable cabinet).
- placing any PCs or terminals, CCTV camera screens etc. that show personal data so that they are not visible except to authorised staff.
- ensuring that PC screens are not left unattended without a password protected screen-saver being used.
In addition, MNA will put in place appropriate measures for the deletion of personal data – manual records will be shredded or disposed of as ‘confidential waste’ and appropriate contract terms will be put in place with any third parties undertaking this work. Hard drives of redundant PCs will be wiped clean before disposal or if that is not possible, destroyed physically. This policy also applies to staff who process personal data ‘off-site’, e.g. when working at home, and in circumstances additional care must be taken regarding the security of the data.
- Ensure that no personal data is transferred to a country or a territory outside the European Economic Area (EEA) unless that country or territory ensures adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
MNA will not transfer data to such territories without the explicit consent of the individual.
This also applies to publishing information on the Internet – because transfer of data can include placing data on a website that can be accessed from outside the EEA – so MNA will always seek the consent of individuals before placing any personal data (including photographs) on its website. If MNA collects personal data in any form via its website, it will provide a clear and detailed privacy statement prominently on the website, and wherever else personal data is collected.
Lawful, Fair and Transparent Processing
Under GDPR the MNA will obtain personal data by lawful and fair means and, where appropriate with the knowledge and consent of the individual concerned. Where a need exists to request and receive the consent of an individual prior to the collection, use or disclosure of their personal data, MNA is committed to seeking such consent.
Subject Access Rights (SARs)
Data subjects may make access request (SARs) at any time to find out more about their personal data which the company holds about them., what it is doing with that personal data, and why.
Employees wishing to make a SAR should send their request to the Company’s Data Protection Officer, the Finance Director firstname.lastname@example.org
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.
All SARs received shall be handled by the Company’s Data Protection Officer.
The Company does not charge a fee for 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.
Data Protection Impact Assessments
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.
Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address
- The type(s) of personal data that will be collected, held, and processed;
- The purpose(s) for which personal data is to be used;
- The Company’s objectives;
- How personal data is to be used;
- The parties (internal and/or external) who are to be consulted;
- The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
- Risks posed to data subjects;
- Risks posed both within and to the Company; and
- Proposed measures to minimise and handle identified risks.
Data Breach Notification
All personal data breaches must be reported immediately to the Company’s Data Protection Officer.
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 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.
In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that
described above) to the rights and freedoms of data subjects, the Data Protection Officer must
ensure that all affected data subjects are informed of the breach directly and without undue delay.
Data breach notifications shall include the following information:
- The categories and approximate number of data subjects concerned;
- The categories and approximate number of personal data records concerned;
- The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);
- The likely consequences of the breach;
- 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.