1. Policy statement
As individuals, we want to know that personal information about ourselves is handled properly, and we and others have specific rights in this regard. In the course of its activities Superheroes Ltd will collect, store and process personal data, and it recognises that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations in accordance with our operational and legal obligations.
The types of personal data that we may be required to handle include information about current, past and prospective employees, suppliers, licensees, customers, students, contractors and others with whom we communicate. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations, including GDPR. The Act imposes restrictions on how we may process personal data, and a breach of the Act could give rise to criminal sanctions as well as bad publicity which clearly we wish to avoid.
2. Status of the policy
This policy (being Version 2 and in force and effect from 08/05/2018) has been approved by Gemma Bailey (Managing Director). It sets out our rules on data protection, the eight data protection principles contained in it and the legal conditions that must be satisfied in relation to the obtaining, handling, processing, storage, transportation and destruction of personal information.
The Data Protection Compliance Manager is responsible for ensuring compliance with the Act and with this policy. That post is held by Gemma Bailey, (tel: 0203 6677294) firstname.lastname@example.org Any questions or concerns about the operation of this policy should be referred in the first instance to the Data Protection Compliance Manager.
This policy does not form part of any employee’s contract of employment and it may be amended at any time. Any breach of this policy will be taken seriously and may result in disciplinary action.
If you consider that the policy has not been followed in respect of personal data about yourself or others you should raise the matter with the Data Protection Compliance Manager.
3. Definition of data protection terms
Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.
Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as a performance appraisal). It can even include a simple e-mail address. It is important that the information has the data subject as its focus and affects the individual’s privacy in some way. Mere mention of someone’s name in a document does not constitute personal data, but personal details such as someone’s contact details or salary would still fall within the scope of the Act.
Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They have a responsibility to establish practices and policies in line with the Act. We are the data controller of all personal data used in our business.
Data users include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.
Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.
Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, and will usually require the express consent of the person concerned.
4. Data protection principles
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:
· Processed fairly and lawfully.
· Processed for limited purposes and in an appropriate way.
· Adequate, relevant and not excessive for the purpose.
· Not kept longer than necessary for the purpose.
· Processed in line with data subjects’ rights.
· Not transferred to people or organisations situated in countries without adequate protection.
· Fair and lawful processing
The Act is intended not to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. The data subject must be told who the data controller is (in this case Superheroes Ltd), who the data controller’s representative is (in this case the Data Protection Compliance Manager), the purpose for which the data is to be processed by us, and the identities of anyone to whom the data may be disclosed or transferred.
For personal data to be processed lawfully, certain conditions have to be met. These may include, among other things, requirements that the data subject has consented to the processing, or that the processing is necessary for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject’s explicit consent to the processing of such data will be required in order that (eg.,) we may operate our policies, such as health and safety and equal opportunities.
Processing for limited purposes
Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by the Act. This means that personal data must not be collected for one purpose and then used for another. If it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose before any processing occurs.
Adequate, relevant and non-excessive processing
Personal data should only be collected to the extent that it is required for the specific purpose notified to the data subject. Any data which is not necessary for that purpose should not be collected in the first place.
Personal data must be accurate and kept up to date. Information which is incorrect or misleading is not accurate and steps should therefore be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Inaccurate or out-of-date data should be destroyed.
Personal data should not be kept longer than is necessary for the purpose. This means that data should be destroyed or erased from our systems when it is no longer required. For guidance on how long certain data is likely to be kept before being destroyed, contact the Data Protection Compliance Manager. Processing in line with data subject’s rights Data must be processed in line with data subjects’ rights.
Data subjects have a right to:
· Request access to any data held about them by a data controller (data subjects are entitled to ask what Personal data we hold about them and why).
· Prevent the processing of their data for direct-marketing purposes.
· Ask to have inaccurate data amended.
· Prevent processing that is likely to cause damage or distress to themselves or anyone else.
You are responsible for:
· Checking that any Personal data provided to us is accurate and up to date;
· Informing us of any changes to Personal data which is provided to you (eg., change of address);
· Ensuring that if you work with Superheroes Ltd and collect Personal data about other people as part of your responsibilities, you do so in compliance with this policy.
We must ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data. Data subjects may apply to the courts for compensation if they have suffered damage from such a loss.
The Act requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data may only be transferred to a third-party data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself. Further, you should not disclose (orally, in writing or otherwise) any personal data or information to any unauthorised third party and only the Data Protection Manager or a Director may authorise such disclosure.
Maintaining data security means guaranteeing the confidentiality, integrity and availability of the personal data, defined as follows:
· Confidentiality means that only people who are authorised to use the data can access it.
· Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
· Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system instead of individual PCs.
Security procedures include:
· Entry controls. Any stranger seen in entry-controlled areas should be reported.
· Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
· Methods of disposal. Paper documents should be shredded. Floppy disks and CD-ROMs should be physically destroyed when they are no longer required.
· Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended and/or that each individual requires unique password access to their specific computer, with such passwords not being passed on to another person with the exception of our IT team and only passed on to another person with the prior written consent of the Data Protection Compliance Manager. Data users should ensure that no programmes or equivalent are downloaded, otherwise read, displayed and/or saved onto any PC and/or our central computer system without obtaining the prior written consent of the Data Protection Compliance Manager.
· Contractors and other third party, non-employee data processors. Data users should ensure that only personal data necessary for data processors’ carrying out of their tasks on behalf of us are passed to the data processor.
· Data breaches or potential data breaches. All Data users must immediately report (together with details (if known)) any known or suspected data breaches to the Data Protection Compliance Manager in order that appropriate action to rectify the potential or known breach may be taken and appropriate actions to prevent a repeat occurrence may be considered and implemented in due course.
Dealing with subject access requests
Data subjects whose personal data is held by us have the conditional right to access any personal data that is being held by us about them on computer and also have access to paper-based personal data held in manual filing systems. This right is subject to certain exemptions which are set out in the Act.
A formal request from a data subject for information that we hold about them must be made in writing. Any member of staff or licensee who receives a written request should forward it to the Data Protection Compliance Manager immediately at our usual Superheroes Ltd address.
We aim to comply with requests for access to personal data as quickly as possible, but we will ensure that it is provided within 30 days of receipt of a request unless there is a good reason for delay (eg., the requester as failed to provide all of the necessary information to the Data Protection Compliance Manager’s satisfaction).
Providing information over the telephone
Any member of staff or licensee dealing with telephone enquiries should be careful about disclosing any personal information held by us. In particular they should:
· Check the caller’s identity to make sure that information is only given to a person who is entitled to it.
· Suggest that the caller put their request in writing if they are not sure about the caller’s identity and where their identity cannot be checked.
· Refer to the Data Protection Compliance Manager for assistance in difficult situations. No-one should be bullied into disclosing personal information.
Disclosure of Personal Data
No personal data may be disclosed to or shared with any person or entity not employed by us (and sub-contractors are not employed by us) without the prior written consent of our Data Protection Compliance Manager. All queries regarding disclosure or Data sharing must be raised with our Data Protection Compliance Manager prior to making any such Data disclosure sharing. If any doubt exists as to whether or not any individual should be processing Data, it is our policy that no processing should take place by that or any other individual until it has been authorised by the Data Protection Compliance Manager.
Superheroes Ltd licenses the use of its Superheroes Ltd, to third party licensees, who independently provide NLP and hypnotherapy related services to people on a regional basis.
Accordingly, Superheroes Ltd may share customer personal data with it’s licensees to enable that licensee to contact customers for the sole purpose of arranging the provision of services. Superheroes Ltd will only disclose this information for this sole purpose with your consent.
RECEIPT OF PERSONAL DATA
Superheroes Ltd will receive personal data from it’s licensees in order that Superheroes Ltd can monitor its business relationship with its licensees. All data received by Superheroes Ltd will at all times be held safely, securely and lawfully in accordance with this Policy.
Monitoring and review of the policy
This policy is reviewed annually by the Data Protection Compliance Manager. Any necessary amendments discovered will be implemented as soon as is reasonably practicable.
Superheroes Ltd will continue to review the effectiveness of this policy to ensure it is achieving its stated objectives.
Photography Consent Form
Superheroes Ltd will only use and reuse photographs of employees/licensees and customers if they freely and willingly sign and date the latest version of our Photography Consent Form in advance and accordingly agree to the purposes for which we wish to use and reuse their photographs as detailed in the form. If anyone does not wish us use photographs featuring them, they should simply decline to complete the Form.