Data Protection Policy
We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect that data and ensure that staff understand the rules governing their use of personal data to which they have access in the course of their work.
In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
This policy applies to all staff who must be familiar with this policy and comply with its terms. This policy supplements our other policies relating to internet and email use.
The processing of all data must be:
- Necessary to deliver our services,
- In our legitimate interests and not unduly prejudice the individual's privacy,
- In most cases this provision will apply to routine business data processing activities.
The Managing Director has overall responsibility for data protection.
The ‘QuEnSh Manager’ is our designated Data Protection Officer (DPO), and has overall responsibility for the day-to-day implementation of this policy.
Our procedures must reflect Fair and lawful processing, therefore we must process personal data fairly and lawfully in accordance with individuals’ rights. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
The Data Protection Officer’s (DPO) responsibilities:
- Keeping the board updated about data protection responsibilities, risks and issues
- Reviewing all data protection procedures and policies on a regular basis
- Arranging data protection training and advice for all staff members and those included in this policy
- Answering questions on data protection from staff, board members and other stakeholders
- Responding to individuals such as clients and employees who wish to know which data is being held on them by Modulift
- Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing
- Approving data protection statements attached to emails
Data Protection Specifics
IT Systems & Arrangements
- Ensure all systems, services, software and equipment meet acceptable security standards
- Checking and scanning security hardware and software regularly to ensure it is functioning properly
- Researching third-party services, such as cloud services the company is considering using to store or process data
Sales & Marketing Management
- Approving data protection statements attached to other marketing copy
- Addressing data protection queries from clients, target audiences or media outlets
- Coordinating with the DPO to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy
Terms of Business
Our Terms of Business contains a Privacy Notice to clients on a data protection. The notice:
- Sets out the purposes of which we hold personal data on customers and employees
- Highlights that our work may require us to give information to third parties such as expert witnesses and other professional advisers
- Provides that customers have right of access to the personal data that we hold about them
Sensitive Personal Data [Modulift Staff primarily only]: In most cases where we process sensitive personal data we will require the data subject's explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
Personal data: We will take all reasonable steps to ensure that personal data we hold is accurate and updated as required.
Accuracy and Relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If they believe that information is inaccurate we will record the fact that the accuracy of the information is disputed and inform the DPO.
Data Security & Storage
All applicable staff must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third party organisations.
Storing data securely
- In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it.
- Printed data is to be securely shredded when it is no longer needed.
- Data stored on a computer should be protected by strong passwords that are force changed regularly. Please see MMP 207 – IT Arrangements, for specifics.
- Data stored on CDs or memory sticks must be locked away securely when they are not being used. Please see MMP 207 – IT Arrangements, for specifics.
- The DPO must approve any cloud used to store data. Please see MMP 207 – IT Arrangements, for specifics.
- Servers containing personal data are kept in a secure location, away from general office space.
- Data is regularly backed up in line with the company’s existing backup procedures. Please see MMP 207 – IT Arrangements, for specifics.
- Data is to never be saved directly to PC desktops, mobile devices such as laptops, tablets or smartphones.
- All servers containing sensitive data are protected by security software and a strong firewall. Please see MMP 207 – IT Arrangements, for specifics.
Data Retention (See also MMP 203 – Records [Data] Management)
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Transferring Data Internationally
Activity not applicable to Modulift
Subject Access Requests & Individuals Rights
Individuals are entitled by law, subject to certain exceptions or restrictions, to request access to information held about them. If we do receive a subject access request, it will be referred immediately to the DPO.
Staff should contact the Data Protection Officer if they would like to correct or request information that we hold about you.
With regards to the processing of personal data, we will abide by any request from an individual not to use their personal data for direct marketing purposes and notify the DPO about any such request.
We do not send direct marketing material to someone electronically (e.g. via email) unless we have an existing enquiry or business relationship with them, in relation to the services being marketed.
The DPO should be consulted for advice on direct marketing before starting any new direct marketing activity. Escalating to the Managing Director, where appropriate.
All staff receive training on this policy. New joiners will receive training as part of the induction process. Further training will be provided periodically or whenever there is a substantial change in the law or our policy and procedure. Completion of training is compulsory.
Training is provided through an in-house awareness seminar, which covers:
- The law relating to data protection
- Our data protection and related policies and procedures.
GDPR Specific Provisions
Where not specified previously within this policy, the following provisions will be in effect on or before 25 May 2018.
Privacy Notice (Transparency of Data Protection)
Being transparent and providing accessible information to individuals about how we use their personal data is important for our organisation. We have a process that details on how we collect data and what we will do with it for any persons interested. For further details please see MMP 203 – Records [Data] Management.
Conditions for Processing
We ensure any use of personal data is justified using at least one of the conditions for processing and this will be specifically documented. All staff who are responsible for processing personal data are aware of the conditions for processing. The conditions for processing will be available to data subjects in the form of a privacy notice.
Justification for Personal Data
We process personal data in compliance with all ‘relevant’ six data protection principles. We will document the additional justification for the processing of sensitive data, and will ensure any biometric and genetic data is considered sensitive.
The data that we collect is subject to active consent by the data subject. This consent can be revoked at any time, in writing or through unsubscribe mechanisms.
Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be facilitated free of charge.
Right to be Forgotten
A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.
Privacy by Design and Default
Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. The DPO will be responsible for conducting Privacy Impact Assessments and ensuring that all IT projects commence with a Privacy Plan.
When relevant, and when it does not have a negative impact on the data subject, privacy settings will be set to the most private by default.
Data Audit and Register
Regular data audits to manage and mitigate risks will inform the data register through MMP 201.
MMP 203 contains an Appendix of information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.
All members of staff have an obligation to report any actual or potential data protection compliance failures (data breach). This will be reported to the DPO, investigated and handled as an Internal Non-Conformance as per MMP 204. This allows us to:
- Investigate the failure and take remedial steps if necessary,
- Maintain a register of compliance failures,
- Notify the ICO of any compliance failures that are material either in their own right or as part of a pattern of failures.
Everyone throughout the company must observe and abide by this policy. The DPO will monitor and review the policy periodically to ensure compliance.
Consequences of Failing to Comply
We take compliance with this policy very seriously. Failure to comply puts both individuals and the organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures, which may result in dismissal.
Communication and Awareness
The Company will undertake responsibility for implementing this policy.
This policy is fully communicated internally and all personnel understand and are conversant with and actively support its intentions.
If anyone has any concerns relating to this policy, at any time, they are immediately encouraged to raise them directly with the DPO, who reports to the Board of Directors.
This policy statement will be reviewed for continuing suitability at regular management reviews.