AWH Holdings Ltd aims to ensure that all personal data collected about employees, clients and other individuals is collected, stored and processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018).
This policy applies to all personal data, regardless of whether it is in paper or electronic format.
This policy meets the requirements of the GDPR and the provisions of the DPA 2018. It is based on guidance published by the Information Commissioner’s Office (ICO) on the GDPR and the ICO’s code of practice for subject access requests.
It also reflects the ICO’s code of practice for the use of surveillance cameras and personal information.
Personal data - Any information relating to an identified, or identifiable, individual.
This may include the individual’s:
It may also include factors specific to the individual’s physical, physiological, genetic, mental, economic, cultural or social identity.
Special categories of personal data - Personal data which is more sensitive and so needs more protection, including information about an individual’s:
Processing - Anything done to personal data, such as collecting, recording, organising, structuring, storing, adapting, altering, retrieving, using, disseminating, erasing or destroying.
Processing can be automated or manual.
Data subject - The identified or identifiable individual whose personal data is held or processed.
A person or organisation that determines the purposes and the means of processing of personal data.
Data processor - A person or other body, other than an employee of the data controller, who processes personal data on behalf of the data controller.
Personal data breach - A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data.
The Company processes personal data relating to employee’s, clients and other individuals and therefore is a data controller.
AWH Holdings Ltd is registered as a data controller with the ICO and will renew this registration annually or as otherwise legally required.
This policy applies to all staff employed by AWH Holdings Ltd, and to external organisations or individuals working on our behalf. Members of staff who do not comply with this policy may face disciplinary action.
5.1 Data privacy officer
The data privacy officer is responsible for overseeing the implementation of this policy, monitoring our compliance with data protection law, and developing related policies and guidelines where applicable.
They will provide an annual report of their activities directly to the board and, where relevant, report to the board their advice and recommendations on any AWH Holdings Ltd data protection issues.
The privacy officer is also the first point of contact for individuals whose data AWH Holdings Ltd processes, and for the ICO.
Our privacy officer is XXXX and is contactable via privacy officer @ XXXX
5.2 All staff
Employees are responsible for:
The GDPR is based on data protection principles that AWH Holdings Ltd must comply with.
The principles say that personal data must be:
This policy sets out how AWH Holdings Ltd aims to comply with these principles.
7.1 Lawfulness, fairness and transparency
We will only process personal data where we have one of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:
For special categories of personal data, we will also meet one of the special category conditions for processing which are set out in the GDPR and Data Protection Act 2018.
7.2 Limitation, minimisation and accuracy
We will only collect personal data for specified, explicit and legitimate reasons. We will explain these reasons to the individuals when we first collect their data.
If we want to use personal data for reasons other than those given when we first obtained it, we will inform the individuals concerned before we do so, and seek consent where necessary.
Staff must only process personal data where it is necessary in order to do their jobs.
When employees no longer need the personal data they hold, they must ensure it is deleted or anonymised. This will be done in accordance with AWH Holdings Ltd’s Records Management Policy/Data Retention Schedule.
We will not normally share personal data with anyone else, but may do so where:
We will also share personal data with law enforcement and government bodies where we are legally required to do so, including for:
Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.
9.1 Subject access requests
Individuals have a right to make a ‘subject access request’ to gain access to personal information that AWH Holdings Ltd holds about them. This includes:
Subject access requests must be submitted in writing, either by letter, email or fax to the Privacy officer. They should include:
If staff receive a subject access request they must immediately forward it to the privacy officer.
9.2 Responding to subject access requests
When responding to requests, we:
We will not disclose information if it:
If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee which takes into account administrative costs.
A request will be deemed to be unfounded or excessive if it is repetitive, or asks for further copies of the same information.
When we refuse a request, we will tell the individual why, and tell them they have the right to complain to the ICO.
9.3 Other data protection rights of the individual
In addition to the right to make a subject access request (see above), and to receive information when we are collecting their data about how we use and process it (see section 7), individuals also have the right to:
Individuals should submit any request to exercise these rights to the privacy officer. If employees receive such a request, they must immediately forward it to the privacy officer
As part of AWH Holdings Ltd activities, we may take photographs and record images of individuals within the company.
We will obtain written consent from employees for photographs and videos to be taken for communication, marketing and promotional materials. We will clearly explain how the photograph and/or video will be used.
Uses may include:
Consent can be refused or withdrawn at any time. If consent is withdrawn, we will delete the photograph or video and not distribute it further.
We will put measures in place to show that we have integrated data protection into all of our data processing activities, including:
We will protect personal data and keep it safe from unauthorised or unlawful access, alteration, processing or disclosure, and against accidental or unlawful loss, destruction or damage.
Personal data that is no longer needed will be disposed of securely. Personal data that has become inaccurate or out of date will also be disposed of securely, where we cannot or do not need to rectify or update it.
For example, we will shred or incinerate paper-based records, and overwrite or delete electronic files. We may also use a third party to safely dispose of records on AWH Holdings Ltd’s behalf. If we do so, we will require the third party to provide sufficient guarantees that it complies with data protection law.
AWH Holdings Ltd will make all reasonable endeavours to ensure that there are no personal data breaches.
In the unlikely event of a suspected data breach, we will follow the procedure set out in appendix 1.
When appropriate, we will report the data breach to the ICO within 72 hours. Such breaches in a AWH Holdings Ltd context may include, but are not limited to:
All staff and local committee are provided with data protection training as part of their induction process.
Data protection will also form part of continuing professional development, where changes to legislation, guidance or AWH Holdings Ltd’s processes make it necessary.
The privacy officer is responsible for monitoring and reviewing this policy.
This policy will be reviewed and updated if necessary every 2 years and shared with the employees.
This procedure is based on guidance on personal data breaches produced by the ICO.
Actions to minimise the impact of data breaches
We will take the actions set out below to mitigate the impact of different types of data breach, focusing especially on breaches involving particularly risky or sensitive information. We will review the effectiveness of these actions and amend them as necessary after any data breach.
Sensitive information being disclosed via email
Other types of breach may include: