1. Introduction and data protection principles
Olmec is committed to processing data in accordance with its responsibilities under the GDPR. Olmec needs to keep personal information about its staff and third parties (defined as data subjects) to fulfil its purpose and to meet its objectives and obligations. This policy serves as a guide for the GDPR and replaces our former policy based around the Data Protection Act.
Article 5 of the GDPR requires that personal data shall be:
a. Processed lawfully, fairly and in a transparent manner in relation to individuals;
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 not be considered to be incompatible with the initial purposes;
c. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
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;
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 subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
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.
2. General provisions
a. This policy applies to all personal data processed by Olmec
b. The Responsible Persons shall take responsibility for the Olmec’s ongoing compliance with this policy.
c. This policy shall be reviewed at least annually.
d. Olmec shall register with the Information Commissioner’s Office as an organisation that processes personal data.
e. This policy is to ensure that all employees of Olmec and its subsidiary companies are provided guidance on:
What the GDPR means
How to deal with Subject Access Requests (from Data Subjects)
IT security and the use of CCTV cameras on our office to prevent crime and assist with the prosecution of offenders
f. All Employees of the organisation and Human Resources Sub-Committee should ensure that they follow these principles at all times. Employees in doubt about any aspect of this policy should contact the Manager or Human Resources Sub-Committee for guidance
3. Lawful, fair and transparent processing
a. To ensure its processing of data is lawful, fair and transparent, Olmec shall maintain a Register of Systems.
b. The Register of Systems shall be reviewed at least annually.
c. Individuals have the right to access their personal data and any such requests made to the charity shall be dealt with in a timely manner.
4. Lawful purposes
a. All data processed by the charity must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests
b. Olmec shall note the appropriate lawful basis in the Register of Systems.
c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Charity’s systems.
5. Data (Subject) Access Requests
a. Data subjects have the right to access any personal data kept either in a manual or computer file about them by Olmec. This right, commonly referred to as subject access, is created by section 7 of the Data Protection Act.
b. All staff or third parties who wish to have access or view information stored by the Organisation should write to the Manager or Human Resources and Policy Development Subcommittee situated at: The Business Design Centre, 52 Upper Street, Islington, London N1 0QH.
c. Olmec will levy a processing charge of £10 for each request from third parties. The manager or Human Resources and Policy Development Subcommittee will respond to all enquires and requests for information within 10 calendar days and will supply the information requested within a maximum of 40 calendar days.
d. If you wish to view your file, the Manager or Human Resources and Policy Development Subcommittee will arrange an appointment within 10 days for you to view your file. Olmec will charge a processing fee of £10 for you to view your file.
e. After viewing your file, Olmec will make changes if you have requested them, or remove your file from our records.
f. If you are unable to provide evidence for requested changes, we will make a note of objection on your file.
g. If any data subject after viewing their file is unhappy, they may lodge a complaint to Olmec’s Manager or Human Resources and Policy Development Subcommittee.
h. All employees of Olmec should send their requests to the Manager or Human Resources and Policy Development Subcommittee. Employees will not be charged for accessing their records.
i. Access requests from third parties including solicitors acting on our behalf should be forwarded to the Manager or Human Resources and Policy Development Subcommittee for processing.
6. Data Minimisation and Accuracy
a. Olmec shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
b. Olmec shall take reasonable steps to ensure personal data is accurate.
c. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
d. Data subjects can request at any time for their information to be changed (see section 5)
7. Providing Information to Statutory Bodies
a. The purpose for which personal information is held is different for each category of data subjects. Our two primary categories of data subjects are clients and employees.
b. As a requirement of the GDPR, employees of Olmec are prevented from passing on information about data subjects to third parties without first seeking the consent of the data subject. There are, however, exceptions to this restriction and Olmec employees are able to pass on information to third parties as follows:
– The Inland Revenue
– Social Services
– Local Authorities including their Housing Benefits and Council Tax Departments
– The Police Services
– The Prosecution Service
– The Immigration Service
8. Archiving / Removal
a. To ensure that personal data is kept for no longer than necessary, the Charity shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
b. The archiving policy shall consider what data should/must be retained, for how long, and why.
a. The Charity shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
c. When personal data is deleted this should be done safely such that the data is irrecoverable.
d. Appropriate back-up and disaster recovery solutions shall be in place.
e. Olmec’s lone working policy outlines security and data protection procedures for when subject data is being processed outside of the office.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Charity shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO.
11. Monitoring the implementation of the updated Data Protection Policy
The Manager or Human Resources and Policy Development Subcommittee will manage the implementation of this policy. They will:
– Upload the policy and procedure onto the intranet
– Roll the policy out to all staff
– Publicise the policy through articles on the company website for the consumption of our clients and staff
– Raise awareness of the risks contravening the GDPR to staff through short presentations at departmental meetings
– Arrange staff training where necessary
– Monitor processing of access requests received and review where necessary
12. Data Protection Audit and Monitoring Compliance
The Manager or Human Resources and Policy Development Subcommittee will be responsible for the monitoring of compliance to the policy by undertaking the following:
– Undertake annual audits within the organisation for compliance with the GDPR, 2018
– Provide guidance and where necessary training to colleagues on the GDPR and Olmec’s policy
– Update each year in May on compliance of the Olmec companies to the policy; and changes to the GDPR; its impact on our policy; the number of access requests received during the period and action taken on the requests received