DATA PROTECTION POLICY (Compliant with the GDPR)
The wording in this policy reflects the requirements of the General Data Protection Regulation (GDPR), which will come into effect in the UK on 25th May 2018.
PACE is committed to being transparent about how it collects uses the personal date of its workforce, and to meeting its data protection obligations. This policy sets out the company’s commitment to data protection, and the individual rights and obligations in relation to personal data.
This policy applies to the personal data of job applicants, employees (workers, contractors, interns and apprentices) and former employees, referred to as HR-related personal data.
The company has appointed Tamara Williams as its data protection officer. Her role is to inform and advise the company on its data protection obligations. She can be contacted at firstname.lastname@example.org. Questions about this policy, or requests for further information, should be directed to her.
“Personal data” is any information that relates to an individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.
“Special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.
“Criminal records data” means information about an individual’s criminal convictions and offences and information relating to criminal allegations and proceedings.
DATA PROTECTION PRINCIPLES
The company processes HR-related personal data in accordance with the following data protection principles:-
• The company processes personal data lawfully, fairly and in a transparent manner
• The company collects personal data only for specified, explicit and legitimate purposes
• The company processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing
• The company keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay
• The company keeps personal data only for the period necessary for processing
• The company adopts appropriate measures to make sure that personal data is secure, and protected against unauthorized or unlawful processing and accidental loss, destruction or damage.
The company tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons.
Where the company processes special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with a policy on special categories of data and criminal records data.
The company will update HR-related personal data promptly if an individual advises that his/her information has been changed or is inaccurate.
Personal data gathered during the employment, for worker, contractor or apprenticeship or internship or volunteer relationship is held in the individual’s personnel file (in hard or electronic format, or both), and on HR systems. The period’s for which the company holds HR-related personal date are contained in notices to individuals.
The company keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).
As a data subject, individuals have a number of rights in relation to their personal data.
SUBJECT ACCESS REQUESTS
• Whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
• To whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
• For how long his/her data is stored (or how that [period is decided);
• His/her rights to rectification or erasure of data, or to restrict or object to processing;
• His/her rights to complain to the Information Commissioner if he/she thinks the company has failed to comply with his/her data protection rights; and
• Whether or not the compay carries out automated decision-making and the logic involved in any such decision-making.
The company will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise. If the individual wants additional copies, the company will charge a fee, which will be based on the administrative cost to the company of providing the additional copies.
To make a subject access request, the individual should send the request to email@example.com. In some cases, the company may need to ask for proof of identification before the request can be processed. The company will inform the individual if it needs to verify his/her identity and the documents it requires.
The company will normally respond to a request within a period of one month from the date it is received. In some cases, such as where the company processeses large amounts of the individual’s data, it may respond within three months of the date the request is received. The company will write to the individual within one month of receiving the original request to tell him/her if this is the case.
If a subject access request is manifestly unfounded or excessive, the company is not obliged to comply with it. Alternatively, the company can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which the organization has already responded. If an individual submits a request that is unfounded or excessive, the company will notify him/her that this is the case and whether or not it will respond to it.