Everyone has rights with regards to how their personal information is handled. During [The Slaney Language Centre] activities we may collect, store and process personal information about staff, students, guardians, host families, educational partners, clients and service providers, and recognise the need to treat this data in an appropriate and lawful manner. [The Slaney Language Centre] is committed to complying with its obligations in respect to all personal data it handles.
The types of personal data that [The Slaney Language Centre] may be required to handle includes details of current, past and prospective employees, students, guardians, educational partners, host families, suppliers, customers and others that [The Slaney Language Centre] communicates with. The information, which may be held on paper or on a computer or other media is subject to certain legal safeguards specified in the General Data Protection Regulation(GDPR) (EU) 2016/679 and other regulations. The GDPR impose restrictions on how [The Slaney Language Centre] may collect and process data.
In accordance with GDPR, [Lisa Bartsch] is the designated ‘Data Protection Lead’ (DPL) within [The Slaney Language Centre] and is responsible for all aspects of the Data Protection Policy and implementation of same.
This policy does not form part of any employee’s contract of employment and it may be amended at any time. Any breach of this policy will be taken seriously and may result in disciplinary action up to and including dismissal.
Purpose and Scope of the Policy
This policy sets out [The Slaney Language Centre]’s rules on data protection and the legal conditions that must be satisfied in relation to the collection, obtaining, handling, processing, storage, transportation and destruction of personal and sensitive information.
If an individual considers that the policy has not been followed in respect of personal data about themselves or others they should raise the matter with the DPL.
Definition of Data Protection Terms
Data – Information which is stored electronically, on a computer, or in certain paper-based filing systems. This includes IT systems and CCTV systems.
Data Subjects – For the purposes of this document includes all living individuals about whom [The Slaney Language Centre] holds personal data.
Personal Data – Data relating to a living individual who can be identified from the data (or from that data and other information that is in, or likely to come into the possession of the data controller). Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as a performance appraisal).
Data controllers – The individuals or organisations who control and are responsible for keeping and use of data.
Data users – Employees whose work involves using personal data. Data users have a duty to protect the information they handle by following [The Slaney Language Centre]’s data protection security policies at all times.
Processing – Performing any operation or set of operations on data including: –
Sensitive personal data – Information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health condition or sexual life, criminal convictions or the alleged commission of an offence. Sensitive personal data can only be processed under strict conditions and will usually require the express consent of the person concerned.
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be: –
GDPR’s are intended not to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. The data subject must be told who the DPL is, in this case [Lisa Bartsch], the purpose for which the data is to be processed by [The Slaney Language Centre], and the identities of anyone to whom the data may be disclosed or transferred.
For personal data to be processed lawfully, certain conditions must have been met. These may include, among other things, requirements that the data subject has consented to the processing, or that the processing is necessary for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject’s explicit consent to the processing of such data will be required.
Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for other purposes specifically permitted by GDPR. This means that personal data must not be collected for one purpose and used for another. If it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose before any processing occurs. Any employee personal data collected by [The Slaney Language Centre] is used for ordinary Human Resources purposes. Where there is a need to collect employee data for another purpose, [The Slaney Language Centre] will notify the employee of this and where it is appropriate will get employee consent to such processing.
Personal data should only be collected to the extent that it is required for the specific purposes notified to the data subject. Any data which is not necessary for that purpose should not be collected in the first place.
[The Slaney Language Centre] and its employees must ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
GDPR require [The Slaney Language Centre] to put in place procedures and technologies to maintain the security of all personal data. Personal data may only be transferred to a third-party data processor if the third party has agreed to comply with those procedures and policies or has adequate security measures in place.
The following must be maintained: –
Security Policy / Procedures include: –
Personal data must be accurate and kept up to date. Information which is incorrect, or misleading is not accurate, and steps should be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Inaccurate or out-of-date data should be destroyed. Employees should ensure that they notify the DPL and Human Resources of any relevant changes to their personal information so that it can be updated and maintained accurately. Examples of relevant changes to data would include a change of address.
Personal data should not be kept longer than is necessary for the purpose. For guidance in relation to data retention to data retention employees should contact their manager. [The Slaney Language Centre] has various legal obligations to keep certain employee data for a specified period. In addition, [The Slaney Language Centre] may need to retain personal data for a period to protect its legitimate interests.
Data must be processed in line with data subject’s rights. Data subjects have a right to: –
A formal request from a data subject for information that [The Slaney Language Centre] holds about them must be made in writing. Any employee who receives a written request in respect of data held by [The Slaney Language Centre] should forward it to the Data Controller.
Any employee dealing with telephone enquiries should be careful disclosing any personal information held by [The Slaney Language Centre] over the phone. The employee should: –
At [The Slaney Language Centre], it is our policy not to contact any potential individuals without their permission. To comply with this policy, our pre-sales employees are requested to ensure the following: –
[The Slaney Language Centre] will continue to review the effectiveness of this policy to ensure it is achieving its stated objectives on at least an annual basis and more frequently if required considering changes in the law and organisational or security changes.
If personal data is inadvertently released to a third party without consent, this may constitute a breach of the General Data Protection Regulation (GDPR) (EU) 2016/679.
Data security breaches are increasingly common occurrences whether these are caused through human error or via malicious intent. As technology trends change and the creation of data and information expands, there are more emerging ways by which data can be breached.
[The Slaney Language Centre] have in place a robust and systematic process for responding to any reported data security breach. This will ensure [The Slaney Language Centre] can act responsibly and protect its information assets as far as possible.
Sometimes a breach of personal information/data security may occur because this personal information/data is accidentally disclosed to unauthorised persons or, lost due to a fire or flood or, stolen as result of a targeted attack or the theft of a mobile computer device.
The purpose of this policy is to ensure that a standardised approach is implemented throughout [The Slaney Language Centre] In the event of a personal information/data breach.
The policy applies to all stakeholders, specifically including employees, students, service providers, contractors and third parties that access, use, store or process personal information on behalf of [The Slaney Language Centre].
[The Slaney Language Centre]is legally required under the General Data Protection Regulation(GDPR) (EU) 2016/679 to ensure the security and confidentiality of the information/data it processed on behalf of its students, clients, service providers and employees.
A data security breach is considered to be “any loss of, or unauthorised access to [The Slaney Language Centre]’s personal data”. Examples of data security breaches may include but not limited to: –
All information users are responsible for reporting actual, suspected, threatened or potential information security incidents and for assisting with investigations as required, particularly if urgent action must be taken to prevent further damage.
Data Owners are responsible for ensuring that staff in their area act in compliance with this policy and assist with investigations as required.
In the event that the Incident Management Team need to be contacted, contact [firstname.lastname@example.org or 0872317270].
Data security breaches will vary in impact and risk depending on the content and the quantity of the data involved, therefore it is important that [The Slaney Language Centre]is able to quickly identify the classification of the data and respond to all reported incidents in a timely and thorough manner.
All reported incidents will need to include the appropriate data classification for an assessment of risk to be conducted. Data classification referred to in this policy see Personal Data Register.
Information intended for public use, or information which can be made public without any negative impact on [The Slaney Language Centre].
Information regarding the day-to-day business and operations of [The Slaney Language Centre]. Primarily for staff though some information may be useful to third parties who work with [The Slaney Language Centre].
Information of a more sensitive nature for the business and operations of [The Slaney Language Centre], representing the basic intellectual capital and knowledge. Access should be limited to only those people that need to know as part of their role within [The Slaney Language Centre].
Data Security Breach Reporting
In the case of a personal data breach, staff must inform privacy [Contract] of the personal data breach immediately (given that [The Slaney Language Centre] have only 72 hours to report the breach to the Data Protection Commissioner).
Confirmed or suspected data security breaches should be reported promptly to [Lisa Bartsch 0872317270].The report should include full and accurate details of the incident including who is reporting the incident and what classification of data is involved. Where possible the incident report should be completed as part of the reporting process.
Details of the Personal Data Breach to be reported: –
Once a data breach has been reported an initial assessment will be made to establish the severity of the breach.
All data security breaches will be centrally logged in the incident reporting system.
Data Breach Management Plan
The management response to any reported data security breach will involve the following four elements: –
An activity log recording the timeline of the incident management should also be completed.
Reporting to the Data Protection Commissioner
In the case of a personal data breach, [The Slaney Language Centre] should report to the Data Protection Commissioner within 72 hours after having become aware of it unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the Data Protection Commissioner is not made within 72 hours, it shall be accompanied by reasons for the delay.
Any service provider processing personal data on behalf of [The Slaney Language Centre] should notify [The Slaney Language Centre] without undue delay after becoming aware of a personal data breach.
The following information should be provided about the personal data breach: –
[The Slaney Language Centre] will document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken.
Communication of a personal data breach to the affected individuals: –
Communication to the affected individual is not required if any of the following conditions are met: –