Data Protection Policy
(amended to incorporate GDPR)
The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union. It also addresses the export of personal data outside the EU. The GDPR aims to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.
It was adopted on 14 April 2016, and after a two-year transition period, becomes enforceable on 25 May 2018. The GDPR replaces the 1995 Data Protection Directive.
This document sets out Est-Vest Services responsibilities and policy for the protection of personal data.
Areas of the GDPR addressed:
The following articles of the GDPR are addressed by this document:
Chapter II – Principles
Chapter IV – Controller and processor, articles 24 to 31
Est-Vest Services will ensure that this policy is reviewed annually to ensure that we remain compliant with the principles of the GDPR.
In its everyday business operations, Est-Vest Services makes use of a variety of data about identifiable individuals, including data about:
- Current, past and prospective candidates
- Users of our website
- Other stakeholders
In collecting and using this data, Est-Vest Services is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps that we are taking to ensure that we comply with all areas of legislation.
This control applies to all systems, people and processes that constitute our information systems, including directors, employees, candidates, suppliers and other third parties who may have access to Est-Vest Services systems.
The following policies and procedures are relevant to this document
- Consent to Process Personal Data Form
- Privacy Notice
- Data Protection Impact Assessments
- Data Breach Notification Policy
- Records Management, Retention and Disposal Policy
- Information Security Policy
- Key changes between Data Protection and GDPR
- Data Protection Policy
2.1 The General Data Protection Regulation
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that Est-Vest Services carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union.
It is Est-Vest Services policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
There are a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to their policy are as follows:
“Personal data” is defined as:
Any information relating to an identified or identifiable natural person (“Data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the Union or Member state law, the controller or the specific criteria for its nomination may be provided for by the Union or Member state law
2.3 Principles Relating to Processing of Personal Data
There are a number of fundamental principles upon which the GDPR is based.
These are as follows:
- Personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”)
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1) not be considered to be incompatible with the initial purposes (“purpose limitation”);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimisation”)
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data held is accurate, having regard to the purposes for which they are processed, erased or rectified without delay (“accuracy”)
(e) kept in a form which permits identification of data subject for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods, insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (“storage limitation”)
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (“integrity and confidentiality”)
- The controller shall be responsible for, and be able to demonstrate compliance with paragraph 1 (“accountability”)
Est-Vest Services will ensure that it complies with all of these principles in both the processing it currently carries out or as part of the introduction of new methods of processing for example if we were to introduce new IT systems.
2.4 Rights of the Individual
The data subject also has rights under the GDPR. These consist of:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling
Each of these rights (GDPR Rights of the Individual) are included on the Consent to Process Personal Data form and the Privacy Notice issued to all parties.
|Data Subject Request||Timescale|
|The right to be informed||When data is collected (if supplied by data subject) or within one month (if not supplied by the data subject) – all workers will be supplied with the Privacy Notice which is also included on the website. Workers will also be asked to sign the consent to process data form|
|The right of access||If requested we will process requests within one calendar month.|
|The right to rectification||If requested we will process requests within one calendar month.|
|The right to erasure||If requested we will process requests without undue delay|
|The right to restrict processing||If requested we will process requests without undue delay|
|The right to data portability||If requested we will process requests within one calendar month.|
|The right to object||If requested, we will process this objection immediately upon receipt.|
|Rights in relation to automated decision making and profiling||Not applicable to our business|
2.5 Lawfulness of Processing
There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR.
Unless it is necessary for a reason allowable in the GDPR, Est Vest Services will always obtain explicit consent from a data subject to collect and process their data.
All candidates are asked to sign a Consent to Process Personal Data form and provided with the Privacy Notice which fully details the reasons why the data is being collected and how it will be processed and how a candidate can request any data, ask for data to be erased or the processing of data to be restricted.
asons for doing so.
2.5.2 Performance of a Contract
Where the personal data collected and processed is to fulfil a contract with the data subject, explicit consent is not required. This often applies to Est-Vest Services whereby the contract cannot be completed without the personal data in question e.g a worker cannot be placed with a client without providing personal data.
2.5.3 Legal Obligation
If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required.
2.5.4 Vital Interests of the Data Subject
In a case where the personal data is required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing.
Est-Vest Services will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. For example, if the GLAA were to request personal data as part of a criminal investigation, we will ensure that we have the request in writing which will be held on file.
2.5.5 Task carried out in the Public Interest
Where Est-Vest Services need to perform a task that it believes is in the public interest, or as part of an official duty, then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
2.5.6 Legitimate Interests
If the processing of specific personal data is in the legitimate interest of Est-Vest Services and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing.
Est-Vest Services will ensure that all reasoning behind this view will be documented.
2.6 Privacy by Design
Est-Vest Services has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems collect or process personal data will be subject to due consideration of privacy issues.
We will ensure that should this arise, we will complete a data protection impact assessment.
2.7 Contracts Involving the Processing of Personal Data
Est-Vest Services will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract with our client to ensure that they adopt a GDPR Controller-Processor Agreement policy.
2.8 International Transfers of Personal Data
Est-Vest Services do not anticipate the transfer of personal data outside the European Union. Should this change, we will ensure that any transfer takes place in accordance with the limits imposed by the GDPR.
2.9 Data Protection Officer
As a small business, we do not require a defined role of Data Protection Officer (DPO). We will ensure as a business, we continue to keep appraised of ongoing developments in relation to GDPR and update policies and procedures should the need arise.
2.10 Breach Notification
It is Est-Vest Services policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred (which is likely to result in a risk to the rights and freedoms of individuals) the relevant supervisory authority will be informed within 72 hours.
This will be managed in accordance with our Information Security Policy and Data Breach Notification Policy which sets out the overall process of handling information security incidents.
2.11 Addressing Compliance to the GDPR
The following actions are undertaken to ensure that Est-Vest Services complies at all times with the accountability principle of the GDPR:
- The legal basis for processing personal data is clear and unambiguous
- All staff involved in handling personal data understand their responsibilities for following good data protection practice
- Rules regarding consent are followed
- Candidates are advised of routes to take for anyone wishing to exercise their rights regarding personal data
- Any data subject requests will be handled effectively
- Regular reviews of procedures involving personal data will be carried out
- Privacy by design will be adopted for all new or changed systems and process