Data Protection Policy
ZEE COSMETICS & POST-SURGICAL CARE
The name of the organisation responsible as the Data Controller
“data controller” means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be processed
Scope of policy
Does the policy apply to branches, overseas offices etc. which the Data Controller is responsible for or only part of the organisation named above?
Do you have any Data Processors acting on your behalf? If so, you should name them here.
“data processor”, in relation to personal data, means any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
Policy operational date
See below. A policy should be reviewed every 3 years
Policy prepared by
This should be the organisation’s Data Protection Officer. If you process sensitive data, it is mandatory to appoint a DPO
Date approved by Board/ Management Committee
It is important that the policy should be approved by a Board if you have one
Policy review date
It is probably sufficient to review a Data Protection policy every three years.
Purpose of policy
This should include the reason for the policy:
· complying with the law
· following good practice
· protecting clients, staff and other individuals
· protecting the organisation
Types of data
This is where it is important to highlight the data you control. Is it personal and/or sensitive? See the ICO website definitions for details. Remember good practice applies to all data, even if it is outside of GDPR regulations
This should include a commitment to:
· comply with both the law and good practice
· respect individuals’ rights
· be open and honest with individuals whose data is held
· provide training and support for staff who handle personal data, so that they can act confidently and consistently
· Notify the Information Commissioner voluntarily, even if this is not required
Please note the guidance from ICO on when breaches should be reported as this is one of the main changes from the current Data Protection Act and GDPR (https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/personal-data-breaches/)
Please also note the information on individuals’ rights which is another key change (https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/)
This should identify the main risks within your organisation in two key areas:
· information about data getting into the wrong hands, through poor security or inappropriate disclosure of information
· individuals being harmed through data being inaccurate or insufficient
The Board / Company Directors
They have overall responsibility for ensuring that the organisation complies with its legal obligations.
Data Protection Officer
There is no “right” person for this to be. It should be a fairly senior person, at least. Their responsibilities include:
· Briefing the Board on Data Protection responsibilities
· Reviewing Data Protection and related policies
· Advising other staff on tricky Data Protection issues
· Ensuring that Data Protection induction and training takes place
· Notification to the ICO
· Handling subject access requests
· Approving unusual or controversial disclosures of personal data
· Approving contracts with Data Processors
Specific Department Heads
Depending on the size of your organisation, you may want to mention IT or Marketing for monitoring their own compliance with GDPR and reporting back to the DPO
Employees & Volunteers
All staff and volunteers should be required to read, understand and accept any policies and procedures that relate to the personal data they may handle in the course of their work. (From now on, where ‘employees’ is used, this includes both paid employees and volunteers.)
You may want to say what the penalties are for infringing the Data Protection and related policies. You should state what training you provide and what methods of reporting you have internally.
Data Security is not wholly a Data Protection issue. Business Continuity is included below but you may want to move this to a separate policy
Setting security levels
The greater the consequences of a breach of confidentiality, the tighter the security should be
For each confidentiality level it may be worth setting out the security measures to be followed, such as password protection, clear desk policy, entry control
This section should include your technical and organisational security measures
This would include backup procedures (both for data and for key employee availability) and emergency planning. As noted above, it may be worth a separate policy
It may be worth setting out special precautions to be taken when information is in particularly risky situations, such as being worked on at home, with clients, at meetings, etc.
It may also be worth addressing “vishing” and “phishing” where employees are tricked into giving away information over the phone or by email. Tactics for dealing with the risks of both are worth including
Common situations which may be worth mentioning include whether contact details may be given over the phone
Data recording and storage
It may worth setting out measures to ensure data accuracy. For example, where information is taken over the telephone, how is it checked back with the individual? If information is supplied by a third party, what steps will be taken to ensure or check its accuracy?
If there is a regular cycle of checking, updating or discarding old data, this should be mentioned. Please note the separate requirements for the data you hold. For example, you cannot keep CVs for more than 6 months unless you have express permission from the candidates
If there are particular considerations about where specific information should be stored, this should be mentioned
It may be worth setting out retention periods for different types of data
The procedure for archiving or destroying data should be mentioned, along with any special considerations (see above)
Right of Access
It may be worth reiterating who is responsible for ensuring that right of access requests are handled within the legal time limit which is one month
Procedure for making request
Right of access requests must be in writing. It may be worth providing a standard request form. There should be a clear responsibility on all employees to pass on anything which might be a subject access request to the appropriate person without delay.
It is probably not useful to go into detail on the right of access procedure in the policy. Requests are infrequent and can be complex. They may require taking legal advice
Provision for verifying identity
Where the person managing the access procedure does not know the individual personally there should be provision for checking their identity before handing over any information
You should provide the information free of charge. However you can charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, particularly if it is repetitive.
You may also charge a reasonable fee to comply with requests for further copies of the same information. This does not mean that you can charge for all subsequent access requests.
The fee must be based on the administrative cost of providing the information
Procedure for granting access
If the request is made electronically, you should provide the information in a commonly used electronic format.
The GDPR includes a best practice recommendation that, where possible, organisations should be able to provide remote access to a secure self-service system which would provide the individual with direct access to his or her information. This will not be appropriate for all organisations, but there are some sectors where this may work well
The organisation should explain its commitment to ensuring that Data Subjects are aware that their data is being processed and
· for what purpose it is being processed
· what types of disclosure are likely, and
· how to exercise their rights in relation to the data
If there are standard ways for each type of Data Subject to be informed, these could be given, for example:
· the handbook for employees
· in the welcome letter or pack for members, with occasional reminders in the newsletter
· during the initial interview with clients
· on the web site
If different teams or employees are responsible for transparency in relation to different types of Data Subject it might be worth indicating this
GDPR states you must record the lawful basis for the personal data you hold and you should set your basis for each Data Subject type here (https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/)
Even where the organisation is not relying on consent, it may wish to give people the opportunity to opt out of their data being used in particular ways
The organisation may wish to acknowledge that, once given, consent can be withdrawn, but not retrospectively. There may be occasions where the organisation has no choice but to retain data for a certain length of time, even though consent for using it has been withdrawn
Employee training & Acceptance of responsibilities
All employees who have access to any kind of personal data should have their responsibilities outlined during their induction procedures
If there are opportunities to raise Data Protection issues during employee training, team meetings, supervisions, etc. this may be worth mentioning
Procedure for staff signifying acceptance of policy
Give thought to how employees will show acceptance of their responsibilities to Data Protection. Will the policy be included in the Company Handbook etc.?
It may be worth reiterating who has responsibility for carrying out the next policy review
It may be worth spelling out how other employees (and which ones) will be consulted in the review
It may be worth setting out when the review has to be started, in order to be completed by the required date
For more information, please visit the ICO website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/
When using a third party data processor, please read the guidelines here: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/accountability-and-governance/contracts/