Contents
1
Introduction..
2 Data
Protection Policy..
2.1 The General Data
Protection Regulation..
2.2 Definitions.
2.3 Principles Relating to
Processing of Personal Data..
2.4 Rights of the Individual.
2.5 Lawfulness of Processing.
2.5.1 Consent
2.5.2 Performance
of a Contract
2.5.3 Legal
Obligation.
2.5.4 Vital Interests
of the Data Subject
2.5.5 Task Carried
Out in the Public Interest
2.5.6 Legitimate
Interests.
2.6 Privacy by Design..
2.7 Contracts Involving the Processing
of Personal Data..
2.8 International Transfers of
Personal Data..
2.9 Data Protection Officer.
2.10 Breach
Notification..
2.11 Addressing
Compliance to the GDPR..
List of Tables
Table 1 - Timescales for data subject requests.
1
Introduction
In its everyday business operations Derby Family
Chiropractic Ltd makes use of a variety of data about identifiable individuals,
including data about:
- Current, past and prospective employees
- Customers
- Users of its websites
- Subscribers
- Other stakeholders
In collecting and using this data, the organisation 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 Derby Family Chiropractic Ltd is taking
to ensure that it complies with it.
This control applies to all systems, people and
processes that constitute the organisation’s information systems, including
board members, directors, employees, suppliers and other third parties who have
access to Derby Family Chiropractic Ltd systems.
The following policies and procedures are relevant to
this document:
- Data Protection Impact Assessment Process
- Personal Data Analysis Procedure
- Legitimate Interest Assessment Procedure
- Information Security Incident Response Procedure
- GDPR Roles and Responsibilities
- Records Retention and Protection Policy
2
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 Derby
Family Chiropractic Ltd 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 Derby Family Chiropractic Ltd’s policy to ensure that our
compliance with the GDPR and other relevant legislation is clear and
demonstrable at all times.
2.2 Definitions
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 this 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, an online identifier or to one
or more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person;
‘processing’ means:
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;
‘controller’ means:
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 Union or Member State law, the controller or the
specific criteria for its nomination may be provided for by 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 that are
inaccurate, having regard to the purposes for which they are processed, are
erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of
data subjects 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’).
Derby Family Chiropractic Ltd will ensure that it
complies with all of these principles both in the processing it currently
carries out and as part of the introduction of new methods of processing such
as 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 are supported by appropriate
procedures within Derby Family Chiropractic Ltd that allow the required action
to be taken within the timescales stated in the GDPR.
These timescales are shown in Table 1.
|
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 data subject)
|
|
The right
of access
|
One month
|
|
The right
to rectification
|
One month
|
|
The right
to erasure
|
Without
undue delay
|
|
The right
to restrict processing
|
Without
undue delay
|
|
The right
to data portability
|
One month
|
|
The right
to object
|
On receipt
of objection
|
|
Rights in
relation to automated decision making and profiling.
|
Not
specified
|
Table 1 -
Timescales for data subject requests
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. It is Derby Family Chiropractic Ltd policy to identify the appropriate
basis for processing and to document it, in accordance with the Regulation. The
options are described in brief in the following sections.
2.5.1
Consent
Unless it is necessary for a reason allowable in the
GDPR, Derby Family Chiropractic Ltd will always obtain explicit consent from a
data subject to collect and process their data. In case of children below the
age of 16 (a lower age may be allowable in specific EU member states) parental
consent will be obtained. Transparent information about our usage of their
personal data will be provided to data subjects at the time that consent is
obtained and their rights with regard to their data explained, such as the
right to withdraw consent. This information will be provided in an accessible
form, written in clear language and free of charge.
If the personal data are not obtained directly from
the data subject then this information will be provided to the data subject
within a reasonable period after the data are obtained and definitely within
one month.
2.5.2
Performance of a Contract
Where the personal data collected and processed are
required to fulfil a contract with the data subject, explicit consent is not
required. This will often be the case where the contract cannot be completed
without the personal data in question e.g. a delivery cannot be made without an
address to deliver to.
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. This may be the case for some data related to employment and taxation
for example, and for many areas addressed by the public sector.
2.5.4
Vital Interests of the Data Subject
In a case where the personal data are 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. Derby Family
Chiropractic Ltd 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. As an example, this may be used in aspects of social care,
particularly in the public sector.
2.5.5
Task Carried Out in the Public Interest
Where Derby Family Chiropractic Ltd needs 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 interests of Derby Family Chiropractic Ltd 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. Again, the reasoning
behind this view will be documented.
2.6 Privacy by Design
Derby Family Chiropractic Ltd has adopted the
principle of privacy by design and will ensure that the definition and planning
of all new or significantly changed systems that collect or process personal
data will be subject to due consideration of privacy issues, including the
completion of one or more data protection impact assessments.
The data protection impact assessment will include:
- Consideration of how personal data will be
processed and for what purposes
- Assessment of whether the proposed processing of
personal data is both necessary and proportionate to the purpose(s)
- Assessment of the risks to individuals in
processing the personal data
- What controls are necessary to address the
identified risks and demonstrate compliance with legislation
Use of techniques such as data minimization and
pseudonymisation will be considered where applicable and appropriate.
2.7 Contracts Involving
the Processing of Personal Data
Derby Family Chiropractic Ltd will ensure that all
relationships it enters into that involve the processing of personal data are
subject to a documented contract that includes the specific information and
terms required by the GDPR. For more information, see the GDPR Controller-Processor
Agreement Policy.
2.8 International
Transfers of Personal Data
Transfers of personal data outside the European Union
will be carefully reviewed prior to the transfer taking place to ensure that
they fall within the limits imposed by the GDPR. This depends partly on the
European Commission’s judgement as to the adequacy of the safeguards for
personal data applicable in the receiving country and this may change over
time.
Intra-group international data transfers will be
subject to legally binding agreements referred to as Binding Corporate Rules
(BCR) which provide enforceable rights for data subjects.
2.9 Data Protection Officer
A defined role of Data Protection Officer (DPO) is
required under the GDPR if an organisation is a public authority, if it
performs large scale monitoring or if it processes particularly sensitive types
of data on a large scale. The DPO is required to have an appropriate level of
knowledge and can either be an in-house resource or outsourced to an
appropriate service provider.
Based on these criteria, Derby Family Chiropractic Ltd
does not require a Data Protection Officer to be appointed.
2.10 Breach Notification
It is Derby Family Chiropractic Ltd’s 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 Incident Response Procedure which sets out the overall process of
handling information security incidents.
Under the GDPR the relevant DPA has the authority to
impose a range of fines of up to four percent of annual worldwide turnover or
twenty million Euros, whichever is the higher, for infringements of the
regulations.
2.11 Addressing Compliance to the GDPR
The following actions are undertaken to ensure that Derby
Family Chiropractic Ltd complies at all times with the accountability principle
of the GDPR:
- The legal basis for processing personal data is
clear and unambiguous
- A Data Protection Officer is appointed with
specific responsibility for data protection in the organisation (if
required)
- All staff involved in handling personal data
understand their responsibilities for following good data protection
practice
- Training in data protection has been provided to
all staff
- Rules regarding consent are followed
- Routes are available to data subjects wishing to
exercise their rights regarding personal data and such enquiries are
handled effectively
- Regular reviews of procedures involving personal
data are carried out
- Privacy by design is adopted for all new or
changed systems and processes
- The following documentation of processing
activities is recorded:
- Organisation name and relevant details
- Purposes of the personal data processing
- Categories of individuals and personal data
processed
- Categories of personal data recipients
- Agreements and mechanisms for transfers of
personal data to non-EU countries including details of controls in place
- Personal data retention schedules
- Relevant technical and organisational controls
in place
These actions are reviewed on a regular basis as part
of the management process concerned with data protection.