Policy prepared by: Mary Fitzpatrick
Approved by management: 8th May 2018
Policy operational date: 25th May 2018
Next review date: 24th May 2019
Context & Overview
The General Data Protection Regulation 2016/679(GDRP) is a new EU regulation which comes into effect on 25th May 2018. It will update existing law and place greater accountability on organisations when using personal information on suppliers, customers, business contacts & employees.
This policy describes how this personal data must be collected, handled & stored to meet the company’s data protection standards and to comply with the law.
Why this policy exists
This data protection policy ensures that Outside the Box Learning Resources Limited:
- Complies with data protection law and follows good practice
- Protect the rights of staff, customers, suppliers & business contacts
- Is transparent about how it stores & processes an individual’s personal data
- Protects itself from the risks of a data breach
Data Protection Law
The General Data Protection Regulation 2016/679 describes how organisations, including Outside the Box Learning Resources Limited, collects, handles & stores personal data for an individual. The rules apply regardless of whether data is stored electronically, on paper or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
The General Data Protection Regulation is underpinned by eight important principles. These principles state that personal data must be:
- Processed fairly & lawfully
- Obtained only for specific, lawful purposes
- Adequate, relevant & not excessive
- Accurate & kept up to date
- Held only for as long as is necessary
- Processed in accordance with the rights of the data subject
- Protected in appropriate ways
- Not be transferred outside the EU, unless that country or territory also ensures an adequate level of protection
This policy applies to:
- The office of Outside the Box Learning Resources Limited to include all management & staff
- All contractors, suppliers and other parties working on behalf of Outside the Box Learning Resources Limited
It applies to all data that the company holds relating to living individuals, even if that data technically falls outside of the GDRP 2016/679. This can include:
- Names of individuals
- Postal addresses
- E-mail addresses
- Phone numbers
- Any other information relating directly or indirectly to individuals that clearly identifies that individual
Data Protection Risk
This policy helps to protect Outside the Box Learning Resources Limited from some very real data security risks, including:
- Breaches of confidentiality – e.g. information being given out inappropriately
- Failing to offer choice – All individuals should be free to choose how the company uses data relating to them
- Reputational damage e–g. The company could suffer reputational damage if hackers successfully gained access to sensitive data
Everybody who works for or with Outside the Box Learning Resources Limited has some responsibility for ensuring that data is collected, stored and handled appropriately in line with this policy.
The Directors are ultimately responsible for ensuring that Outside the Box Learning Resources Limited meets its legal obligations.
The Data Protection Officer is also responsible for:
- Keeping the directors updated about data protection responsibilities , risks & issues
- Reviewing all data protection procedures & related policies
- Arranging data protection training & advice for the staff covered by this policy
- Handling data protection questions from staff in relation to this policy
- Dealing with requests from individuals in relation to personal data Outside the Box Learning Resources Limited holds on them. (also called ‘subject access requests’)
- Checking & approving any contracts or agreements with third parties that may handle the company’s sensitive data
- Approving data protection statements attached to communications such as emails and letters
- Addressing any data protection queries from journalists or media personnel
- Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles
The Managing Director, Conor Holmes, is responsible for:
- Ensuring all systems, services & equipment used for storing data, meet acceptable security standards
- Performing regular checks and scans to ensure security hardware & software is functioning properly
- Evaluating third-party services used to store or process data, in particular cloud computing services
General Staff Guidelines
- The only people able to access data covered by this policy should be those who need it for their work
- Data should not be shared informally. When access to confidential information is required, employees can request it from the Data Protection Officer
- Outside the Box Learning Resources Limited will provide training & information to all employees to help them understand their responsibilities when handling data
- Employees should keep all data secure, by taking sensible precautions & following the guidelines below
- In particular strong passwords should be used and never shared
- Personal data should not be disclosed to unauthorised people, either within the business or externally
- Data should be regularly reviewed & updated. If it is no longer required, it should be deleted & safely disposed of
- Employees should request help from the data protection officer if they are unsure about any aspect of data protection
When personal data is stored on paper:
- It should be kept in a secure place where unauthorised people cannot access it. This also applies to data that is usually stored electronically but has been printed
- When not in use, data should be kept in a locked drawer of a filing cabinet
- Data printouts should be shredded and disposed of securely when no longer required
When personal data is stored electronically:
- It should be protected by strong passwords that are regularly changed and never shared between employees
- If data is stored on removable media (CD or DVD) , these should be kept locked away securely when not in use
- Data should only be stored on designated drivers & servers, and should only be uploaded to an approved cloud computing service
- Servers containing personal data should be located in a secure location, away from the general office space
- Data should be backed up frequently and never saved directly to laptops or other mobile devices
- All servers & computers containing data should be protected by approved security software and a firewall.
- When working with personal data, employees should ensure that computer screens are always locked when left unattended
- Personal data should not be shared informally & should never be sent by e-mail
- Data should be encrypted before being transferred electronically. Staff should contact Conor Holmes to do this
- Personal data should never be transferred outside the European Economic Area
- Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data
The GDPR requires that Outside the Box takes reasonable steps to ensure that data is kept accurate & up to date.
It is the responsibility of all employees who work with data to take reasonable steps to ensure that data is kept as accurate & up to date as possible.
- Data should be kept in as few places as possible. No additional copies should be created unnecessarily
- Staff should take every opportunity to update data. For instance, confirm a customer’s details when they call
- Data should be updated as soon as inaccuracies are discovered. All obsolete phone numbers and e-mail addresses should be removed from the database & accounts system
Subject Access Requests
All individuals who are the subject of personal data held by Outside the Box Learning Resources are entitled to:
- Ask what information the company holds about them and why
- Ask how to gain access to it
- Be informed on how to keep it up to date
- Be informed how the company is meeting its data protection obligations
When an individual contacts the company requesting any or all of the above information, this is called a subject access request.
Subject access requests from individuals should be made by email, addressed firstname.lastname@example.org
Individuals will not normally be charged to honour a subject access request unless the request is complex and requires substantial time spent by staff. The data controller will aim to provide the relevant data within 30 days of receipt of the request.
The data controller will always verify the identity of anyone making a subject access request before handing over any information.
Disclosing data for other reasons
In certain circumstances, the GDPR allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, Outside the Box Learning Resources Limited will disclose the requested data. However, the data controller will ensure that the request is legitimate, seeking assistance from the Directors and from the company’s legal advisers if necessary.
Outside the Box Learning Resources Limited aims to ensure that individuals are aware that their data is being processed and that they understand:
- How the data is being used
- How to exercise their rights
The company has a Data Privacy summary, setting out how data relating to individuals is used by the company. This document is available on request. It is also available on the company website www.otb.ie/privacy
Approved at Management Team meeting 8th May 2018