1.1 Background to the General Data Protection Regulation
The General Data Protection Regulation replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
1.2 Definitions used by The Zone
GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.
GDPR applies to all controllers established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behaviour of data subjects who are resident in the EU.
Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre, which in this case is The Zone.
Personal data – any information relating to an identified or identifiable natural person ('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.
Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject – any living individual who is the subject of personal data held by an organisation refers to you, the customer.
Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child – the GDPR defines a child as anyone under the age of 16 years old. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.
Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
2. Policy statement
2.1 The Board of Directors and management of The Zone, located at Pennine Business Park Pilsworth Road, Heywood, Gtr Manchester, OL0 2TL are committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information The Zone collects and processes in accordance with the General Data Protection Regulation (GDPR).
2.2 Compliance with the GDPR is described by this policy and other relevant policies such as the Information Security Policy, along with connected processes and procedures.
2.3 The GDPR and this policy apply to all of The Zone’s personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data The Zone processes from any source.
2.4 The Zone has established objectives for data protection and privacy.
2.5 Data Protection Officer/GDPR Owner is responsible for reviewing the register of processing annually in the light of any changes to The Zone’s activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register needs to be available on the supervisory authority’s request.
2.6 Partners and any third parties working with or for The Zone, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by The Zone without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which The Zone is committed, and which gives The Zone the right to audit compliance with the agreement.
3. Responsibilities and roles under the General Data Protection Regulation
3.1 The Zone is a data controller and/or data processor under the GDPR.
3.2 A Data Protection Officer/GDPR Owner (Data Protection Officer (DPO), is a member of the senior management team, accountable to the Board of Directors of The Zone for the management of personal data within The Zone and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
3.2.1 Development and implementation of the GDPR as required by this policy; and
3.2.2 Security and risk management in relation to compliance with the policy.
3.3 The Data Protection Officer has been appointed to take responsibility for The Zone’s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that The Zone complies with the GDPR, as do Managers in respect of data processing that takes place within their area of responsibility.
4. Data protection principles
All processing of personal data will be conducted in accordance with the data protection principles. The Zone’s policies and procedures are designed to ensure compliance with the principles.
4.1 Personal data will be processed lawfully, fairly and transparently.
Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent and legitimate interests.
Fairly – in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources. The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.
Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information will be communicated to the data subject in an intelligible form using clear and plain language.
The specific information that will be provided to the data subject will, as a minimum, include:
4.1.1 The identity and the contact details of the controller and, if any, of the controller's representative.
4.1.2 The contact details of the Data Protection Officer;
4.1.3 The purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
4.1.4 The period for which the personal data will be stored;
4.1.5 The existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;
4.1.6 The categories of personal data concerned;
4.1.7 The recipients or categories of recipients of the personal data, where applicable;
4.1.8 Where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
4.1.9 Any further information necessary to guarantee fair processing.
4.2 Personal data can only be collected for specific, explicit and legitimate purposes
Data obtained for specified purposes will not be used for a purpose that differs from those formally notified to the supervisory authority as part of The Zone’s GDPR register of processing.
4.3 Personal data will be adequate, relevant and limited to what is necessary for processing
4.3.1 The Data Protection Officer/GDPR Owner is responsible for ensuring that The Zone does not collect information that is not strictly necessary for the purpose for which it is obtained.
4.3.2 The Data Protection Officer / GDPR Owner will ensure that, on an [annual] basis all data collection methods are reviewed by internal audit to ensure that collected data continues to be adequate, relevant and not excessive.
4.4 Personal data will be accurate and kept up to date with every effort to erase or rectify without delay.
4.4.1 Data that is stored by the data controller will be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
4.4.2 It is also the responsibility of the data subject to ensure that data held by The Zone is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.
4.4.3 Customers are required to notify The Zone of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of The Zone to ensure that any notification regarding change of circumstances is recorded and acted upon.
4.4.4 On at least an annual basis, the Data Protection Officer / GDPR Owner will review the retention dates of all the personal data processed by The Zone, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose.
4.4.5 The Data Protection Officer / GDPR Owner is responsible for responding to requests for rectification from data subjects within one month, but can be extended to a further two months for complex requests. If The Zone decides not to comply with the request, the Data Protection Officer / GDPR Owner will respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
4.4.6 The Data Protection Officer / GDPR Owner is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
4.5 Personal data will be kept in a form such that the data subject can be identified only as long as is necessary for processing.
4.5.1 Where personal data is retained beyond the processing date, it will be [minimised/encrypted/pseudonymised] in order to protect the identity of the data subject in the event of a data breach. [This is documented [where?]. 4.5.2 Personal data will be retained in line with the Retention of Records Procedure (Insert doc ref) and, once its retention date is passed, it will be securely destroyed as set out in this procedure.
4.5.3 The Data Protection Officer / GDPR Owner will specifically approve any data retention that exceeds the retention periods defined in Retention of Records Procedure(Insert doc ref), and will ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval will be written.
4.6 Personal data will be processed in a manner that ensures the appropriate security.
The Data Protection Officer / GDPR Owner will carry out a risk assessment taking into account all the circumstances of The Zone’s controlling or processing operations.
In determining appropriateness, the Data Protection Officer / GDPR Owner should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on The Zone itself, and any likely reputational damage including the possible loss of customer trust.
When assessing appropriate technical measures, the Data Protection Officer / GDPR Owner will consider the following:
• Password protection
• Automatic locking of idle terminals
• Removal of access rights for USB and other memory media
• Virus checking software and firewalls
• Role-based access rights including those assigned to temporary staff
• Encryption of devices that leave The Zone’s premises such as laptops
• Security of local and wide area networks
• Identifying appropriate international security standards relevant to The Zone
• Physical access controls to electronic and paper based records;
• Storing of paper based data in lockable fire-proof cabinets;.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
4.7 The controller will be able to demonstrate compliance with the GDPR’s other principles (accountability)
The Zone will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.
5. Data subjects’ rights
5.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:
5.1.1 To make subject access requests regarding the nature of information held and to whom it has been disclosed.
5.1.2 To prevent processing likely to cause damage or distress.
5.1.3 To be informed about the mechanics of automated decision-taking process that will significantly affect them.
5.1.4 To not have significant decisions that will affect them taken solely by automated process.
5.1.5 To sue for compensation if they suffer damage by any contravention of the GDPR.
5.1.6 To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.
5.1.7 To request the supervisory authority to assess whether any provision of the GDPR has been contravened.
5.1.8 To have personal data provided to them in a structured, commonly used and machine-readable format.
5.1.9 To object to any automated profiling that is occurring without consent.
5.2 The Zone ensures that data subjects may exercise these rights:
5.2.1 Data subjects may make data access requests; The Zone will ensure that its response to the data access request complies with the requirements of the GDPR.
5.2.2 Data subjects have the right to complain to The Zone related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled.
6.1 The Zone understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
6.2 The Zone understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
6.3 There will be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller be able to demonstrate that consent was obtained for the processing operation.
6.4 For sensitive data, explicit written consent of data subjects will be obtained unless an alternative legitimate basis for processing exists.
6.5 In most instances, consent to process personal and sensitive data is obtained routinely by The Zone using standard consent documents e.g. when a new customer ticks to accept our Terms & Conditions at the checkout page, or opts in to receive our newsletter.
6.6 Where The Zone provides online services to children, parental or custodial authorisation will be obtained. This requirement applies to children under the age of 16.
7. Security of data
7.1 We are responsible for ensuring that any personal data that The Zone holds and for which we are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by The Zone to receive that information and has entered into a confidentiality agreement.
7.2 All personal data is accessible only to those who need to use it. All personal data is be treated with the highest security and will be kept:
• in a lockable room with controlled access; and/or
• in a locked drawer or filing cabinet; and/or
• if computerised, password protected in line with corporate requirements;
7.3 Manual records will not be left where they can be accessed by unauthorised personnel and will not be removed from business premises without explicit [written] authorisation. As soon as manual records are no longer required for day-to-day client support, they will be removed from secure.
7.4 Personal data may only be deleted or disposed of in line with the HMRC’s requirements. Manual records that have reached their retention date will be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs will be removed and immediately destroyed before disposal.
8. Disclosure of data
8.1 The Zone will ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of The Zone’s business.
8.2 All requests to provide data for one of these reasons will be supported by appropriate paperwork and all such disclosures will be specifically authorised by the Data Protection Officer / GDPR Owner.
9. Retention and disposal of data
9.1 The Zone shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
9.2 The Zone may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject
9.3 Personal data will be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby protecting the “rights and freedoms” of data subjects.
10. Data transfers
The Zone will not transfer personal data outside of the EU. Countries that are members of the European Economic Area (EEA) but not of the EU are accepted as having met the conditions for an adequacy decision.
11. Information asset register/data inventory
11.1 The Zone has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project. The Zone’s data inventory and data flow determines:
• Business processes that use personal data;
• Source of personal data;
▪ Volume of data subjects;
▪ Description of each item of personal data;
▪ Processing activity;
▪ Maintains the inventory of data categories of personal data processed;
▪ Documents the purpose(s) for which each category of personal data is used;
▪ Recipients, and potential recipients, of the personal data;
▪ The role of the The Zone throughout the data flow;
▪ Key systems and repositories;
▪ Any data transfers; and
▪ All retention and disposal requirements.
11.2 The Zone is aware of any risks associated with the processing of particular types of personal data.
11.2.1 The Zone assesses the level of risk to individuals associated with the processing of their personal data. Data protection impact assessments (DPIAs) are carried out in relation to the processing of personal data by The Zone, and in relation to processing undertaken by other organisations on behalf of The Zone.
11.2.2 The Zone shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
11.2.3 Where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, The Zone shall, prior to the processing, carry out a DPIA of the impact of the envisaged processing operations on the protection of personal data. A single DPIA may address a set of similar processing operations that present similar high risks.
11.2.4 Where, as a result of a DPIA it is clear that The Zone is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether or not The Zone may proceed will be escalated for review to the Data Protection Officer/GDPR Owner.
11.2.5 The Data Protection Officer / GDPR Owner shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority.
11.2.6 Appropriate controls will be selected and applied to reduce the level of risk associated with processing individual data to an acceptable level.
Document Owner and Approval
The Zone is the owner of this document and is responsible for ensuring that this policy document is reviewed in line with the review requirements stated above.
This policy was approved and updated on 24.05.18.