What this policy covers
This policy details your rights and obligations in relation to your personal data and the personal data of third parties that you may come into contact with during the course of your employment.
“Personal data” is any information that relates to a living individual who can be identified from that information.
“Processing” is any use that is made of personal data, including collecting, storing, amending, disclosing or destroying it.
“Special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or political beliefs, trade union membership, health, sex life or sexual orientation and biometric data.
“Criminal records data” means information about an individual’s criminal convictions and offences and information relating to criminal allegations and proceedings.
If you have access to the personal, special categories or criminal records data of employees or of third parties, you must comply with this Policy. Failure to comply with the Policy and procedures may result in disciplinary action up to and including dismissal without notice.
Data Protection principles
The Company processes HR-related personal data in accordance with the following data protection principles:
General Data Protection Regulation 2018 prescribes the way in which the Company may collect, retain and handle personal data. The Company will comply with the requirements of data protection legislation and all employees and contractors who handle personal data in the course of their work must also comply with it.
The Company will inform individuals of the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data about individuals for other reasons.
Where the Company processes 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 the rules relating to special categories of data and criminal records data.
The Company will update HR-related personal data promptly if an individual advises that their information has changed or is inaccurate.
Personal data gathered during the employment or engagement of an employee, worker, contractor, volunteer, or intern is held in the individual’s personal file (in hard copy or electronic format, or both), and on HR systems. The periods for which the Company holds HR-related personal data are contained in its privacy notices.
Access to your personal data [subject access requests]
You have the right to make a subject access request. If you make such a request, the Company will tell you:
The Company will also provide you with a copy of the personal data undergoing processing. This will normally be in electronic form if you have made the request electronically, unless you request otherwise.
If you want additional copies, the Company will charge a fee, which will be based on the administrative cost of providing the additional copies.
You have a number of other rights in relation to your personal data. You can require the Company to:
You are responsible for helping the Company keep your personal data accurate and up to date. You should let the Company know if personal data provided to the Company changes, for example, if you change bank or move house.
You may have access to the personal data of other individuals and of our customers or clients in the course of your employment, contract, volunteer period, internship or apprenticeship. Where this is the case, the Company relies on you to help meet its data protection obligations.
If you have access to personal data, you are required:
Failure to observe these requirements may amount to a disciplinary offence which will be dealt with under the Company’s disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee, customer or client data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to your dismissal without notice.
Processing special categories and criminal records data
The Company will process special categories and criminal records data primarily where it is necessary to enable the Company to meet its legal obligations and in particular to ensure adherence to health and safety legislation; vulnerable groups protection legislation; or for equal opportunities monitoring purposes.
The Company keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of data protection legislation.
Personal data relating to employees may be collected by the Company for the purposes of:
How we use special categories and criminal records data
“Special categories” data and “criminal records” data require higher levels of protection. We need to have further justification for collecting, storing and processing these types of personal data. We may process special categories or criminal records data in the following circumstances:
Less commonly, we may process this type of data where it is needed in relation to legal claims or where it is needed to protect your vital interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Accuracy of personal data
The Company will review personal data regularly to ensure that it is accurate, relevant and up to date.
To ensure the Company’s files are accurate and up to date, and so that the Company is able to contact you or, in the case of an emergency, another designated person, you must notify the Company as soon as possible of any change in your personal details (e.g., change of name, address, telephone number, loss of driving licence where relevant, next of kin details, etc).
Security of personal data
The Company will ensure that personal data is not processed unlawfully, lost or damaged. If you have access to personal data during the course of your employment, you must also comply with this obligation. If you believe you have lost any personal data in the course of your work, you must report it to your manager immediately. Failure to do so may result in disciplinary action up to and including dismissal without notice.
The Company will record all data breaches regardless of their effect.
If we discover that there has been a breach of HR-related personal data that poses a risk to the rights and freedoms of individuals, we will report it to the Information Commissioner within 72 hours of discovery.
If the breach is likely to result in a high risk to the rights and freedoms of individuals, we will tell affected individuals that there has been a breach and provide them with information about the likely consequences of the breach and the mitigation measures we have taken.
Access to personal data [“subject access requests”]
To make a subject access request, you should send your request to the Company. In some cases, the Company may need to ask for proof of identification before the request can be processed. We will inform you if we need to verify your identity and the documents we require.
We will normally respond to a request within one month from the date we receive it. In some cases, such as where the Company processes large amounts of the individual’s data, we may respond within three months of the date the request is received. We will write to the individual within one month of receiving the original request to tell them if this is the case.
If a subject access request is manifestly unfounded or excessive, the Company is not obliged to comply with it. Alternatively, we can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which we have already responded. If you submit a request that is unfounded or excessive, we will notify you that this is the case and whether or not we will respond to it.