Personal Data Protection Policy

Introduction

With effect from 25th May 2018 the Data Protection Act 1998 is being replaced by General Data Protection Regulations (GDPR). Imposing new responsibilities and sanctions on organisations processing personal data due to the changes in the way data is collected and used from new technology and globalisation. 

Edmund Services Ltd have appointed Jill Dulieu as the person with responsibility for data protection compliance within the organisation. They can be contacted at 01708 222221. Queries related to this policy should be directed to them. 

We are committed to being transparent about how it collects and uses the personal data of its workforce, and to meeting its data protection obligations. This policy sets out the organisations commitment to data protection and individual rights and obligations in relation to personal data. 

This policy applies to the personal data of job applicants, employees and former employees, referred to as HR-related personal data such as Date of Birth, National Insurance Number and Addresses. This policy does not apply to the personal data of Clients or other personal data processed for business purposes.

All Employees/Applicants personal data is processed so that a contract can be formed when the employment commences. This information will only be passed to the following third parties:

  • Accountant – to process wages and other accounting services 
  • IT Specialist – all employees information is logged through our IBMS system which they have full access to

Edmund Services Ltd ensures that all personal data is kept securely on an individual’s personnel file with a hard copy securely locked in a cupboard and an electronic copy through a secured and encrypted system. No data is passed to any third country/international organisation.

Data Protection Principles

Edmund Services as an organisation ensures we comply with the following principles: 

  1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless:
  1. at least one of the conditions met
  2. in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
  1. Personal data shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes
  2. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed
  3. Personal data shall be accurate and where necessary, kept up to date
  4. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes
  5. Personal data shall be processed in accordance with the rights of data subjects under this Act
  6. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data
  7. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data

Our Company aims to tells individuals the reasons for processing their personal data and how it uses such data and the legal basis for processing in its privacy notices. We will not process personal data of individuals for any other reasons. Where Edmund Services rely on legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals. 

Where any special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with a policy on special categories of data and criminal records data. HR will be updated promptly if an individual advises their information has changed or is inaccurate. This is the Employees responsibility to advise of any changes. 

All records of processing activities in respect of HR related personnel data are kept on record, in accordance with the requirements of the General Data Protection Regulation (GDPR).

Your Rights as an Employee

As an Employee (Data Subject) you have a number of rights in relation to your own personal data. You have the right to submit a Subject Access Request (see separate form). Once the form has been submitted you will be informed of the following:

  • whether or not the data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual
  • to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers
  • for how long his/her personal data is stored (or how that period is decided)
  • his/her rights to rectification or erasure of data, or to restrict or object to processing
  • his/her right to complain to the Information Commissioner if he/she thinks the organisation has failed to comply with his/her data protection rights
  • whether or not the organisation carries out automated decision-making and the logic involved in any such decision-making

You will also be provided with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically unless you agree otherwise. Please note there may be a charge in place if extra copies are required based on the administration time. This is decided by us the Company.

To make a subject access request, you will need to submit the request using the correct form and this will be sent too Jill Dulieu. Proof of identification may be requested before any request is actioned; we will notify you if this is the case.

We will respond to your request within a period of 30 days from the date it is received. Your request will be logged in the Subject Access Request Register. In some cases, it may be that we will respond within 3 months from the date the request is received this may be due to the large amounts of data which is processed for any individual. We will send a written notification if this is the case. 

If any request is seen to be manifestly unfounded or excessive, we as an Employer do not need to feel obliged to comply with it. We can agree to comply but a fee will be charged for the administration cost of responding to the request. To be deemed as manifestly unfounded or excessive, it may be where a request has been already responded too. We will send a written notification if this is the case. 

As an Employee you also have the following rights:

  • rectify inaccurate data
  • stop processing or erase data that is no longer necessary for the purposes of processing
  • stop processing or erase data if the individual’s interests override the organisation’s legitimate grounds for processing data (where the organisation relies on its legitimate interests as a reason for processing data)
  • stop processing or erase data if processing is unlawful
  • stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override the organisation’s legitimate grounds for processing data.

For any of the above requests please email Jill Dulieu where your response will be answered/confirmation of receipt sent within 30 days.

Data Security

Edmund Services Ltd takes the security of your data very seriously. We have internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties. All information is backed up through external hard drives in case of loss through fire or any other accident. Information logged through our system is encrypted with employees having limited/no access. Employees personnel files are also locked away with only certain employees having access. 

Where third parties are instructed to process personal data on our behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

Data Retention

The organisation keeps all personal data only for the period necessary for processing as per Article 5. These timescales are defined below:

  • New Applicants – 6 months from interview if not successful  
  • Employees – All personal data to be kept on file whilst in employment
  • Former Employees – 5 years from date of leave
  • Wages – 1 year from date processed 

We as a Company have decided not to appoint a Data Protection Officer, therefore any queries are to be directed too Jill Dulieu. 

Data Protection Impact Assessment

Any form of processing that the Company carry out may result in risks to an Employee privacy. Where any high risk is seen to an individual’s rights and freedoms, a Data Protection Impact Assessment (DPIA) will be carried out to determine the necessity and proportionality of processing. Things which are considered:

  • Purpose of which the activity is carried out 
  • The risk to the individual 
  • Measures that can be put in place to mitigate those risks

A Data Protection Impact Assessment will be carried out when new technologies have been implemented within the Company. This is to ensure that we are following the Data Protection obligations and meet individual’s expectations of privacy to help identify and minimise the data protection risks.

Data Breaches

If a data breach occurs of the HR-related personal data that poses a risk to an Employee, it will firstly report it to the Information Commissioner (ICO) within 72 hours period. All breaches will be recorded on the data breach register, regardless of the impact it has caused.

Employees will be notified if we see this as a high risk to the individual and details of the breach issued and the likely consequences and the mitigation measures we have taken.

International Data Transfers

Edmund Services Ltd will not transfer HR-related personal data to countries outside the EEA.

mployee Responsibilities

It is your responsibility to notify Edmund Services of any personal data changes/amendments as soon as possible. For example, if you have a change of home address, mobile number and bank details.

Any employee who has access to the personal data of other individuals in the course of their employment have an obligation to help meet the data protection procedures.

Anyone with access must do the following:

  • To access only data that they have authority to access and only for authorised purposes
  • Not to disclose data except to individuals (whether inside or outside the organisation) who have appropriate authorisation
  • To keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction)
  • Not to remove personal data, or devices containing or that can be used to access personal data, from the organisation’s premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device
  • Not to store personal data on local drives or on personal devices that are used for work purposes
  • To report data breaches of which they become aware to Jill Dulieu immediately.

Training

All employees of Edmund Services who handle personal data of other employees have received training to ensure that they can handle concerns raised in accordance with GDPR. All training will be kept on file and refresher training will be provided when needed.

Definitions of Terms Used Within This Policy

Personal Data – Information that relates to a living individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it. 

Special Categories of Personal Data – Information about an individual racial or ethic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual orientation and biometric data. 

Criminal Records Data – Information about an individual’s criminal convictions and offences and information relating to criminal allegations and proceedings. 

Data Protection Principles– we process HR-related personal data in accordance with the 8 data principles

Edmund Services have implemented the following list of policies and procedures which considers privacy obligations. Please see separate attachments enclosed:

  • Data Subject Access Rights Procedure and Form 
  • Data Retention Policy
  • Data Breach Policy
  • Employee Privacy Policy
  • Applicant Privacy Policy
  • Processing Customer Data Policy

Authorised by: Liam O’Donoghue

Position: Managing Director 

Date Approved: 23/01/2024

Review Date: 23/01/2025