SystemIP Limited
('SystemIP', 'we', or 'our') sets out below its policy in relation to the
general data protection regulations ((EU) 2016/679) which take effect as from
and including 25th May 2018.
criminal records information
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means personal information relating to criminal
convictions and offences, allegations, proceedings, and related security
measures;
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data breach
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means a breach of security leading to the accidental
or unlawful destruction, loss, alteration, unauthorised disclosure of, or
access to, personal information;
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data subject
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means the individual to whom the personal
information relates;
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personal information
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(sometimes known as personal data) means information
relating to an individual who can be identified (directly or indirectly) from
that information;
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processing information
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means obtaining, recording, organising, storing,
amending, retrieving, disclosing and/or destroying information, or using or
doing anything with it;
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Pseudonymised
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means the process by which personal information is
processed in such a way that it cannot be used to identify an individual
without the use of additional information, which is kept separately and
subject to technical and organisational measures to ensure that the personal information
cannot be attributed to an identifiable individual;
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sensitive personal
information
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(sometimes known as 'special categories of personal
data' or 'sensitive personal data') means personal information about an
individual's race, ethnic origin, political opinions, religious or
philosophical beliefs, trade union membership (or non-membership), genetics
information, biometric information (where used to identify an individual) and
information concerning an individual's health, sex life or sexual orientation.
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1
Data protection principles
1.1
SystemIP will comply with the following data
protection principles when processing personal information:
1.1.1
we will process personal information lawfully,
fairly and in a transparent manner;
1.1.2
we will collect personal information for
specified, explicit and legitimate purposes only, and will not process it in a
way that is incompatible with those legitimate purposes;
1.1.3
we will only process the personal information
that is adequate, relevant and necessary for the relevant purposes;
1.1.4
we will keep accurate and up to date personal
information, and take reasonable steps to ensure that inaccurate personal
information is deleted or corrected without delay;
1.1.5
we will keep personal information for
no longer than is necessary for the purposes for which the information is
processed; and
1.1.6
we will take appropriate technical and
organisational measures to ensure that personal information is kept secure and
protected against unauthorised or unlawful processing, and against accidental
loss, destruction or damage.
2
Basis for processing personal information
2.1
In relation to any processing activity SystemIP will,
before the processing starts for the first time, and then regularly while it
continues:
2.1.1
review the purposes of the particular processing
activity, and select the most appropriate lawful basis (or bases) for that
processing, i.e.:
(a)
that the data subject has consented to the
processing;
(b)
that the processing is necessary for the
performance of a contract to which the data subject is party or in order to
take steps at the request of the data subject prior to entering into a
contract;
(c)
that the processing is necessary for compliance
with a legal obligation to which SystemIP is subject;
(d)
that the processing is necessary for the
purposes of legitimate interests of SystemIP or a third party, except where
those interests are overridden by the interests of fundamental rights and freedoms
of the data subject—see paragraph 2.2 below.
2.1.2
except where the processing is based on consent,
satisfy ourselves that the processing is necessary for the purpose of the
relevant lawful basis (i.e. that there is no other reasonable way to achieve
that purpose);
2.1.3
document our decision as to which lawful basis
applies, to help demonstrate our compliance with the data protection
principles;
2.1.4
include information about both the purposes of
the processing and the lawful basis for it in our relevant privacy notice(s).
2.2
When determining whether SystemIP's legitimate
interests are the most appropriate basis for lawful processing, we will:
2.2.1
conduct a legitimate interests' assessment ('LIA')
and keep a record of it, to ensure that we can justify our decision;
2.2.2
if the LIA identifies a significant privacy
impact, consider whether we also need to conduct a data protection impact
assessment ('DPIA');
2.2.3
keep the LIA under review, and repeat it if
circumstances change; and
2.2.4
include information about our legitimate
interests in our relevant privacy notice(s).
2.3
If we process sensitive personal information or
criminal records information, we will keep written records of:
2.3.1
the relevant purpose(s) for which the processing
takes place, including (where required) why it is necessary for that purpose;
2.3.2
the lawful basis for our processing; and
2.3.3
whether we retain and erase the personal
information in accordance with our policy document and, if not, the reasons for
not following our policy.
2.4
We will conduct regular reviews of the personal
information we process and update our documentation accordingly. This may include:
2.4.1
carrying out information audits to find out what
personal information SystemIP holds;
2.4.2
distributing questionnaires and talking to staff
across SystemIP to get a more complete picture of our processing activities;
and
2.4.3
reviewing our policies, procedures, contracts
and agreements to address areas such as retention, security and data sharing.
3
Privacy notice
3.1
SystemIP will issue privacy notices from time to
time, informing you about the personal information that we collect and hold
relating to you, how you can expect your personal information to be used and
for what purposes.
3.2
We will take appropriate measures to provide
information in privacy notices in a concise, transparent, intelligible and
easily accessible form, using clear and plain language.
3.3
You should contact Director, Tony@systemip.co.uk if you
are concerned or suspect that one of the following has taken place (or is
taking place or likely to take place):
3.3.1
processing of personal data without a lawful
basis for its processing or;
3.3.2
any data breach as set out in paragraph 6.1 below;
3.3.3
access to personal information without the
proper authorisation;
3.3.4
personal information not kept or deleted
securely;
3.3.5
removal of personal information, or devices
containing personal information (or which can be used to access it), from SystemIP's
premises without appropriate security measures being in place;
3.3.6
any other breach of this policy or of any of the
data protection principles set out in paragraph 1.1 above.
4
Information security
4.1
SystemIP will use appropriate technical and
organisational measures in accordance with our
policies to keep personal information secure, and in particular
to protect against unauthorised or unlawful processing and against accidental
loss, destruction or damage. These may include:
4.1.1
making sure that, where possible, personal
information is pseudonymised or encrypted;
4.1.2
ensuring the ongoing confidentiality, integrity,
availability and resilience of processing systems and services;
4.1.3
ensuring that, in the event of a physical or
technical incident, availability and access to personal information can be
restored in a timely manner; and
4.1.4
a process for regularly testing, assessing and
evaluating the effectiveness of technical and organisational measures for
ensuring the security of the processing.
4.2
Where SystemIP uses external organisations to
process personal information on its behalf, we shall have a written contract
with those external organisations with appropriate terms.
5
Storage and retention of personal information
5.1
Personal information (and sensitive personal
information) will be kept securely.
5.2
Personal information should not be retained for
any longer than necessary. The length of time over which data should be
retained will depend upon the circumstances, including the reasons why the
personal information was obtained.
5.3
Personal information that is no longer required
will be deleted permanently from our information systems and any hard copies will
be destroyed securely.
6
Data breaches
6.1
A data breach may take many different forms, for
example:
6.1.1
loss or theft of data or equipment on which
personal information is stored;
6.1.2
unauthorised access to or use of personal
information either by a member of staff or third party;
6.1.3
loss of data resulting from an equipment or
systems (including hardware and software) failure;
6.1.4
human error, such as accidental deletion or
alteration of data;
6.1.5
unforeseen circumstances, such as a fire or
flood;
6.1.6
deliberate attacks on IT systems, such as hacking,
viruses or phishing scams; and
6.1.7
'blagging' offences, where information is
obtained by deceiving the organisation which holds it.
6.2
SystemIP will:
6.2.1
make the required report of a data breach to the
Information Commissioner's Office without undue delay and, where possible
within 72 hours of becoming aware of it, if it is likely to result in a risk to
the rights and freedoms of individuals; and
6.2.2
notify the affected individuals if a data breach
is likely to result in a high risk to their rights and freedoms and
notification is required by law.
7
International transfers
7.1
SystemIP may transfer personal information
outside the European Economic Area (EEA) but only on the basis that those
companies have an adequate level of protection and safeguards, that they may have
binding corporate rules or may be compliant with an approved code of conduct
and have agreed to standard data
protection clauses.
8
Training
SystemIP will ensure that staff are adequately trained
regarding their data protection responsibilities. Individuals whose roles
require regular access to personal information, or who are responsible for
implementing this policy or responding to subject access requests under this
policy, will receive additional training to help them understand their duties and
how to comply with them.
9
Consequences of failing to comply
9.1
SystemIP takes compliance with this policy very
seriously. Failure to comply with the policy:
9.1.1
puts at risk the individuals whose personal
information is being processed; and
9.1.2
carries the risk of significant civil and
criminal sanctions for the individual and SystemIP; and
9.1.3
may, in some circumstances, amount to a criminal
offence by the individual.
9.2
Because of the importance of this policy, an
employee's failure to comply with any requirement of it may lead to
disciplinary action under our procedures, and this action may result in
dismissal for gross misconduct. If a non-employee breaches this policy, they
may have their contract terminated with immediate effect.
If you have any
questions or concerns about anything in this policy, do not hesitate to contact
SystemIP at support@systemip.co.uk