Privacy and Personal Data Protection Policy

Contents 

1      Introduction.. 1
2      Privacy and Personal Data Protection Policy.. 1
2.1   The General Data Protection Regulation. 2
2.2   Definitions. 2
2.3   Principles Relating to Processing of Personal Data. 2
2.4   Rights of the Individual. 3
2.5   Consent. 4
2.6   Privacy by Design. 4
2.7   Transfer of Personal Data. 5
2.8   Data Protection Officer. 5
2.9   Breach Notification. 5
2.10  Addressing Compliance to the GDPR.. 5

1       Introduction

In its everyday business operations McLays collects / makes use of a variety of data about identifiable individuals, including data about:

  • Current, past and prospective employees
  • Customers
  • End Clients
  • Other stakeholders

In collecting and using this data, McLays is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.

The purpose of this policy is to set out the relevant legislation and to describe the steps McLays is taking to ensure that it complies with it.

This control applies to all systems, people and processes that constitute McLays information systems, including Board members, employees, contractors, suppliers and other third parties who have access to McLays  systems or data content output.

2       Privacy and Personal Data Protection Policy

2.1      The General Data Protection Regulation

The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that McLays carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is McLays policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.

2.2      Definitions

There are a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:

Personal data is defined as:

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;

‘processing’ means:

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;

‘controller’ means:

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;

2.3      Principles Relating to Processing of Personal Data

There are a number of fundamental principles upon which the GDPR is based.

These are as follows:

  1. 1.            Personal data shall be:

(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

  1. 2.            The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

McLays must ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new systems and methods of processing. The operation of McLays information security management system (ISMS) and the McLays ISO27001 certification is a key part of that commitment.  

2.4      Rights of the Individual

The data subject also has rights under the GDPR. These consist of: 

              1.        The right to be informed

              2.        The right of access

              3.        The right to rectification

              4.        The right to erasure

              5.        The right to restrict processing

              6.        The right to data portability

              7.        The right to object

              8.        Rights in relation to automated decision making and profiling.

Each of these rights are be supported by appropriate documentation within McLays that allow the required action to be taken within the timescales stated in the GDPR.

These timescales are shown in Table 1.

Data Subject Request

Timescale

The right to be informed

When data is collected (if supplied by data subject) or within one month (if not supplied by data subject)

The right of access

One month

The right to rectification

One month

The right to erasure

Without undue delay

The right to restrict processing

Without undue delay

The right to data portability

One month

The right to object

On receipt of objection

Rights in relation to automated decision making and profiling.

Not specified

2.5      Consent 

Unless it is necessary for a reason allowable in the GDPR, explicit consent must be obtained from a data subject to collect and process their data. In the majority of cases McLays collect and process for the fulfilment of a business or employment contract, this being one of the permitted exceptions to direct consent. Should / where consent is needed transparent information about McLays usage of their personal data must be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information must be provided in an accessible form, written in clear language and free of charge.

2.6      Privacy by Design

McLays has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including where appropriate the completion of one or more data protection impact assessments.

The data protection impact assessment will include:

  • Consideration of how personal data will be processed and for what purposes
  • Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
  • Assessment of the risks to individuals in processing the personal data
  • What controls are necessary to address the identified risks and demonstrate compliance with legislation

Use of techniques such as data minimization and pseudonymisation may be considered where applicable and appropriate.

2.7      Transfer of Personal Data

McLays operates only within the UK and likewise its suppliers. Transfers of personal data do not occur outside the European Union however should that situation ever change these would be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.

McLays would work initially and on an ongoing basis to ensure supplier contracts reflect as necessary international transfer requirements in line with GDPR. 

2.8      Data Protection Officer

A defined role of Data Protection Officer (DPO) is required under the GDPR if an organization performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. 

McLays have chosen to appoint Mark Sainsbury, Systems and Compliance Manager as the DPO. Mark has direct access to the McLays Board and Senior Management.

The DPO can be contacted at dpo@mclays.co.uk

2.9      Breach Notification

It is McLays policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant Data Protection Authority (DPA) will be informed within 72 hours. This will be managed in accordance with McLays procedures which sets out the process of handling information security incidents. It is the responsibility of the data controller to make the notification and where McLays act as a processor information will be passed along contractual routes in such time to enable the controller to meet their 72 hour obligation.

Under the GDPR the relevant DPA has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is the higher, for infringements of the regulations.

2.10   Addressing Compliance to the GDPR

The following actions are undertaken to ensure that McLays complies at all times with the accountability principle of the GDPR:

  • The legal basis for processing personal data is clear and unambiguous
  • A Data Protection Officer is appointed with specific responsibility for data protection in the organization
  • All staff involved in handling personal data have been trained to understand their responsibilities for following good data protection practice
  • Training in data protection has been provided to staff
  • Rules regarding consent / appropriate legal basis are followed
  • Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
  • Regular reviews of procedures involving personal data are carried out
  • Privacy by design is adopted for all new or changed systems and processes
  • The following documentation of processing activities is recorded within DPIA Reports provided to McLays Business Customers:
    • Organization name and relevant details
    • Purposes of the personal data processing
    • Categories of individuals and personal data processed
    • Categories of personal data recipients
    • Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place (if ever applicable)
    • Data retention schedules
    • Relevant technical and organisational controls in place