Introduction
We hold personal data about our employees, clients, suppliers and other individuals for a variety
of business purposes. This policy sets out how we seek to protect personal data and ensure that
staff understand the rules governing their use of personal data to which they have access in the
course of their work. In particular, this policy requires staff to ensure that the Data
Protection Officer (DPO) be consulted before any significant new data processing activity is
initiated to ensure that relevant compliance steps are addressed.
What is GDPR?
Keeping information about clients and staff confidential makes clear business sense but it is
also required by law. The EU General Data Protection Regulation (GDPR) defines the ethical
handling of personal data. Replacing legislation written before the digital age, the regulation
became EU law in 2016, enforceable from 25th May, 2018.
Definitions
Business purposes: The purposes for which personal data may be used by us:
Personnel,
administrative, financial, regulatory, payroll and business development purposes.
Business purposes include the following:
- Compliance with our legal, regulatory and corporate governance obligations and
good practice
- Gathering information as part of investigations by regulatory bodies or in
connection with legal proceedings or requests
- Ensuring business policies are adhered to (such as policies covering email and
internet use)
- Operational reasons, such as recording transactions, training and quality
control, ensuring the confidentiality of commercially sensitive information, security
vetting, credit scoring and checking
- Investigating complaints - Checking references, ensuring safe working
practices, monitoring and managing staff access to systems and facilities and staff
absences, administration and assessments
- Monitoring staff conduct, disciplinary matters
- Marketing our business
- Improving services
Personal data
- Information relating to identifiable individuals, such as job applicants,
current and former employees, agency, contract and other staff, clients, suppliers and
marketing contacts.
- Personal data we gather may include: individuals' contact details, educational
background, financial and pay details, details of certificates and diplomas, education and
skills, marital status, nationality, job title, and CV.
Sensitive personal data
- Personal data about an individual's racial or ethnic origin, political
opinions, religious or similar beliefs, trade union membership (or non-membership), physical
or mental health or condition, criminal offences, or related proceedings—any use of
sensitive personal data should be strictly controlled in accordance with this policy.
Data Controller
- An organization that determines the way in which personal data is processed.
The controller must be able to demonstrate compliance with the principles and ensure
contracts with data processors comply with the GDPR. Each data controller must also pay a
fee to the Information Commissioner’s Office.
Data Processor
- An organization that processes personal data, but only in accordance with the
instructions of the data controller. This can include subcontractors and agents. Processors
must maintain records of personal data and processing activities and will have legal
liability if responsible for a breach.
Processing
- Collecting, disclosing, storing, using or any other operation performed upon
personal data. If you use personal data in any way, you will be “processing” it.
Scope
This policy applies to all staff. You must be familiar with this policy and comply with its
terms. This policy supplements our other policies relating to internet and email use. We may
supplement or amend this policy by additional policies and guidelines from time to time. Any new
or modified policy will be circulated to staff before being adopted.
Who is responsible for this policy?
As our Data Protection Officer, has overall responsibility for the day-to-day implementation of
this policy.
Our procedures
Fair and lawful processing We must process personal data fairly and lawfully in accordance with
individuals’ rights. This generally means that we should not process personal data unless the
individual whose details we are processing has consented to this happening.
The Data Protection Officer’s responsibilities:
- Keeping the board updated about data protection responsibilities, risks and
issues
- Reviewing all data protection procedures and policies on a regular basis
- Arranging data protection training and advice for all staff members and those
included in this policy
- Answering questions on data protection from staff, board members and other
stakeholders
- Responding to individuals such as clients and employees who wish to know which
data is being held on them
Responsibilities of the IT Manager:
- Ensure all systems, services, software and equipment meet acceptable security
standards
- Checking and scanning security hardware and software regularly to ensure it is
functioning properly
- Researching third-party services, such as cloud services MPS is considering
using to store or process data.
Responsibilities of the Account Director:
- Approving data protection statements attached to emails and other marketing
copy
- Addressing data protection queries from clients, target audiences or media
outlets
- Coordinating with the DPO to ensure all marketing initiatives adhere to data
protection laws and MPS’ Data Protection Policies
The processing of all data must be:
- Necessary to deliver our services
- In our legitimate interests and not unduly prejudice the individual's privacy
- In most cases this provision will apply to routine business data processing
activities.
Our Terms of Business contains a Privacy Notice to clients on data protection.
The notice:
- Sets out the purposes for which we hold personal data on customers and
employees
- Highlights that our work may require us to give information to third parties
such as expert witnesses and other professional advisers
- Provides that customers have a right of access to the personal data that we
hold about them
Sensitive personal data
In most cases where we process sensitive personal data, we will require the data subject's
explicit consent to do this unless exceptional circumstances apply or we are required to do this
by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such
consent will need to clearly identify what the relevant data is, why it is being processed and
to whom it will be disclosed.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not
excessive, given the purpose for which it was obtained. We will not process personal data
obtained for one purpose for any unconnected purpose. Individuals may ask that we correct
inaccurate personal data relating to them. If you believe that information is inaccurate you
should record the fact that the accuracy of the information is disputed and inform the DPO, who
will intern contact the Data Controller of this.
Your personal data
You must take reasonable steps to ensure that personal data we hold about you is accurate and
updated as required. For example, if your personal circumstances change, please inform the Data
Protection Officer so that they can update your records.
Data security
You must keep personal data secure against loss or misuse. Where other organisations process
personal data as a service on our behalf, the DPO will establish what, if any, additional
specific data security arrangements need to be implemented in contracts with those third-party
organisations.
Data retention
We must retain personal data for no longer than is necessary. What is necessary will depend on
the circumstances of each case, considering the reasons that the personal data was obtained, but
should be determined in a manner consistent with our data retention guidelines.
Transferring data internationally
There are restrictions on international transfers of personal data. You must not transfer
personal data anywhere outside the UK without first consulting the Data Protection Officer.
Subject access requests
Please note that under the Data Protection Act 1998, individuals are entitled, subject to certain
exceptions, to request access to information held about them. If you receive a subject access
request, you should refer that request immediately to the DPO. We may ask you to help us comply
with those requests as well as the Data Controller.
Please contact the Data Protection Officer if you would like to correct or request information
that we hold about you. There are also restrictions on the information to which you are entitled
under applicable law.
Processing data in accordance with the
individual's rights
You should abide by any request from an individual not to use their personal data for direct
marketing purposes and notify the DPO about any such request. Do not send direct marketing
material to someone electronically (e.g. via email) unless you have an existing business
relationship with them in relation to the services being marketed.
Please contact the DPO for advice on direct marketing before starting any new direct marketing
activity.
Training
All staff will receive training on this policy. New joiners will receive training as part of the
induction process. Further training will be provided at least every two years or whenever there
is a substantial change in the law or our policy and procedure.
Training is provided in-house with regular updates. It will cover:
- The law relating to data protection
- Our data protection and related policies and procedures.
Completion of training is compulsory.
Our GDPR provisions
Where not specified previously in this policy, the following provisions will be in effect on
or
before 25 May 2018.
Privacy Notice - transparency of data protection
Being transparent and providing accessible information to individuals about how we will
use their
personal data is important for our organisation. The following are details on how we
collect
data and what we will do with it:
What information is being collected?
Who is collecting it?
Our client, supplier & employee’s data is collected as and when a new one arises.
Data used
for mailing purposes are supplied by our clients to be processed according to
the job brief.
How is it collected?
Our client, supplier & employee’s data is collected at the initial stage before entering
in connection with the company. Information will be collected via email & in person to
satisfy the needs of our documentation. Data used for mailing purposes are transferred
securely from our clients.
Why is it being collected?
We are provided data by our clients (data controller) to process the data as instructed.
We collect information on our clients to provide invoices. We collect information on our
suppliers to conduct credit checks, conduct business with them which will include receiving
& paying invoices. We collect information on employees to pay them their wages & provide
their tax information to HMRC.
How will it be used?
Data provided by the data controller will be processed securely, as highlighted in the
policy to complete the job as instructed by the data controller.
Who will it be shared with?
Data may be shared with a third-party supplier if it is deemed appropriate to do so to
fulfil the data controllers’ requirements. We also may share the data externally if
exceptional circumstances apply or we are required to do this by law.
Justification for personal data
We will process personal data in compliance with all eight data protection
principles:
- Be processed fairly and lawfully
- Be obtained only for specific, lawful & legitimate purpose
- Be adequate, relevant and not excessive
- Be accurate and kept up to date
- Not be held for any longer than necessary
- Processed in accordance with the rights of data subjects
- Be protected in appropriate ways
- Not be transferred outside the European Economic Area (EEA),
unless that
country or territory also ensures an adequate level of protection
We will document the additional justification for the processing of sensitive
data, and will
ensure any biometric and genetic data is considered sensitive.
Consent
The data that we collect is subject to active consent by the data subject.
This consent can be
revoked at any time. With reference to the data supplied by our customers to
conduct a job, it
is our customers responsibility as the data owners to gain active consent.
Criminal record checks
Any criminal record checks are justified by law. Criminal record checks
cannot be undertaken
based solely on the consent of the subject.
Data portability
Upon request, a data subject should have the right to receive a copy
of their data in a
structured format. These requests should be processed within one
month, provided there is no
undue burden and it does not compromise the privacy of other
individuals. A data subject may
also request that their data is transferred directly to another
system. This must be done for
free.
Right to be forgotten
Privacy by design is an approach to projects that promote privacy
and data protection compliance
from the start. The DPO will be responsible for conducting
Privacy Impact Assessments and
ensuring that all IT projects commence with a privacy plan.
When relevant, and when it does not have a negative impact on
the data subject, privacy settings
will be set to the most private by default.
International data transfers
No data may be transferred outside of the EEA without first
discussing it with the data
protection officer. Specific consent from the data subject
must be obtained prior to
transferring their data outside the EEA. This consent may be
actioned by the data Controller.
Data audit and register
Regular data audits to manage and mitigate risks will
inform the data register. This contains
information on what data is held, where it is stored,
how it is used, who is responsible and any
further regulations or retention timescales that may be
relevant. Our ISO 27001 uses Audits to
assess our data security so this GDPR policy will be
incorporated within these audits.
Reporting breaches
All members of staff have an obligation to report
actual or potential data protection compliance
failures. This allows us to:
- Investigate the failure and take
remedial steps if necessary – Non-conformance
Report
- Maintain a register of compliance
failures – Non-conformance Log
- Notify the Supervisory Authority
(ICO – Information Commissioner’s Office) of
any compliance failures that are material either
in their own right or as part of a pattern
of failures
Monitoring
Everyone must observe this policy. The DPO has
overall responsibility for this policy. They
will
monitor it regularly to make sure it is being
adhered to.
Consequences of failing to comply
We take compliance with this policy very
seriously. Failure to comply puts both you
and the
organisation at risk.
The importance of this policy means that
failure to comply with any requirement may
lead to
disciplinary action under our procedures
which may result in dismissal.
If you have any questions or concerns about
anything in this policy, do not hesitate to
contact
the DPO.
