GRASSROOTS RECRUITMENT LIMITED
Policy Name: Data Protection Policy
Date: 04/04/2018
Version: 1.0
CONTENTS
- Introduction
- Definitions
- Data processing under the Data Protection Laws
3.1 The data protection principles
3.2 Legal bases for processing
3.3 Privacy by design and by default - Rights of the Individual
4.1 Privacy notices
4.2 Subject access requests
4.3 Rectification
4.4 Erasure
4.5 Restriction of processing
4.6 Data portability
4.7 Object to processing
4.8 Enforcement of rights
4.9 Automated decision making - Personal data breaches
5.1 Personal data breaches where the Company is the data controller
5.2 Personal data breaches where the Company is the data processor
5.3 Communicating personal data breaches to individuals - The Human Rights Act 1998
- Complaints
Appendix
Annex – legal bases for processing personal data - INTRODUCTION
All organisations that process personal data are required to comply with data protection legislation.
This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data
Protection Regulation (together the ‘Data Protection Laws’). The Data Protection Laws give
individuals (known as ‘data subjects’) certain rights over their personal data whilst imposing certain
obligations on the organisations that process their data.
As a recruitment business, the Company collects and processes both personal data and sensitive
personal data. It is required to do so to comply with other legislation. It is also required to keep this
data for different periods depending on the nature of the data.
This policy sets out how the Company implements the Data Protection Laws. It should be read in
conjunction with the Data Protection Procedure. - DEFINITIONS
In this policy the following terms have the following meanings:
‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s
wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the
processing of persona data relating to him or her;
‘data controller’ means an individual or organisation which, alone or jointly with others, determines
the purposes and means of the processing of personal data;
‘data processor’ means an individual or organisation which processes personal data on behalf of the
data controller;
‘personal data’* means any information relating to an individual who can be identified, such as by 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.
‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to, personal data;
‘processing’ means any operation or set of operations performed on personal data, such as collection,
recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment
or combination, restriction, erasure or destruction.
‘profiling’ means any form of automated processing of personal data consisting of the use of
personal data to evaluate certain personal aspects relating to an individual, in particular to analyse
or predict aspects concerning that natural person’s performance at work, economic situation,
health, personal preferences, interests, reliability, behaviour, location or movements;
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data
can no longer be attributed to an individual without the use of additional information, provided that
such additional information is kept separately and is subject to technical and organisational
measures to ensure that the personal data are not attributed to an identified or identifiable
individual;
‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions,
religious or philosophical beliefs, or trade union membership, and the processing of genetic data,
biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s
criminal convictions.
- For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’
except where we specifically need to refer to sensitive personal data.
‘Supervisory authority’ means an independent public authority which is responsible for monitoring
the application of data protection. In the UK the supervisory authority is the Information
Commissioner’s Office (ICO).
All of these definitions are italicised throughout this policy to remind the reader that they are
defined terms.
- DATA PROCESSING UNDER THE DATA PROTECTION LAWS
The Company processes personal data in relation to its own staff, work-seekers and individual client
contacts and is a data controller for the purposes of the Data Protection Laws. The Company has
registered with the ICO and its registration number is ZA1833999.
The Company may hold personal data on individuals for the following purposes:
• Staff administration;
• Advertising, marketing and public relations;
• Accounts and records;
• Administration and processing of work-seekers’ personal data for the purposes of providing workfinding services, including processing using software solution providers and back office support;
• Administration and processing of clients’ personal data for the purposes of supplying/introducing
work-seekers.
3.1 The data protection principles
The Data Protection Laws require the Company acting as either data controller or data processor to
process data in accordance with the principles of data protection. These require that personal data is: - Processed lawfully, fairly and in a transparent manner;
- Collected for specified and legitimate purposes and not further processed in a manner that is
incompatible with those purposes; - Adequate, relevant and limited to what is necessary in relation to the purposes for which they are
processed; - Accurate and 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; - Kept for no longer than is necessary for the purposes for which the personal data are processed;
- 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; and that - The data controller shall be responsible for, and be able to demonstrate, compliance with the
principles.
3.2 Legal bases for processing
The Company will only process personal data where it has a legal basis for doing so (see Annex A).
Where the Company does not have a legal reason for processing personal data any processing will be
a breach of the Data Protection Laws.
The Company will review the personal data it holds on a regular basis to ensure it is being lawfully
processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be
responsible for doing this.
Before transferring personal data to any third party (such as past, current or prospective employers,
suppliers, customers and clients, intermediaries such as umbrella companies, persons making an
enquiry or complaint and any other third party (such as software solutions providers and back office
support)), the Company will establish that it has a legal reason for making the transfer.
3.3 Privacy by design and by default
The Company has implemented measures and procedures that adequately protect the privacy of
individuals and ensures that data protection is integral to all processing activities. This includes
implementing measures such as:
• data minimisation (i.e. not keeping data for longer than is necessary);
• pseudonymisation;
• anonymization; and
• cyber security
For further information please refer to the Company’s Information Security Policy. - RIGHTS OF THE INDIVIDUAL
The Company shall provide any information relating to data processing to an individual in a concise,
transparent, intelligible and easily accessible form, using clear and plain language. The information
shall be provided in writing, or by other means, including, where appropriate, by electronic means.
The Company may provide this information orally if requested to do so by the individual.
4.1 Privacy notices
Where the Company collects personal data from the individual, the Company will give the individual
a privacy notice at the time when it first obtains the personal data.
Where the Company collects personal data other than from the individual directly, it will give the
individual a privacy notice within a reasonable period after obtaining the personal data, but at the
latest within one month. If the Company intends to disclose the personal data to a third party then
the privacy notice will be issued when the personal data are first disclosed (if not issued sooner).
Where the Company intends to further process the personal data for a purpose other than that for
which the data was initially collected, the Company will give the individual information on that other
purpose and any relevant further information before it does the further processing.
4.2 Subject access requests
The individual is entitled to access their personal data on request from the data controller.
4.3 Rectification
The individual or another data controller at the individual’s request, has the right to ask the Company
to rectify any inaccurate or incomplete personal data concerning an individual.
If the Company has given the personal data to any third parties it will tell those third parties that it has
received a request to rectify the personal data unless this proves impossible or involves
disproportionate effort. Those third parties should also rectify the personal data they hold – however
the Company will not be in a position to audit those third parties to ensure that the rectification has
occurred.
4.4 Erasure
The individual or another data controller at the individual’s request, has the right to ask the Company
to erase an individual’s personal data.
If the Company receives a request to erase it will ask the individual if s/he wants his personal data to
be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals
who do not want to be contacted in the future (for a specified period or otherwise). The Company
cannot keep a record of individuals whose data it has erased so the individual may be contacted again
by the Company should the Company come into possession of the individual’s personal data at a later
date.
If the Company has made the data public, it shall take reasonable steps to inform other data
controllers and data processors processing the personal data to erase the personal data, taking into
account available technology and the cost of implementation.
If the Company has given the personal data to any third parties it will tell those third parties that it
has received a request to erase the personal data, unless this proves impossible or involves
disproportionate effort. Those third parties should also rectify the personal data they hold – however
the Company will not be in a position to audit those third parties to ensure that the rectification has
occurred.
4.5 Restriction of processing
The individual or a data controller at the individual’s request, has the right to ask the Company to
restrict its processing of an individual’s personal data where:
• The individual challenges the accuracy of the personal data;
• The processing is unlawful and the individual opposes its erasure;
• The Company no longer needs the personal data for the purposes of the processing, but the
personal data is required for the establishment, exercise or defence of legal claims; or
• The individual has objected to processing (on the grounds of a public interest or legitimate
interest) pending the verification whether the legitimate grounds of the Company override
those of the individual.
If the Company has given the personal data to any third parties it will tell those third parties that it
has received a request to restrict the personal data, unless this proves impossible or involves
disproportionate effort. Those third parties should also rectify the personal data they hold – however
the Company will not be in a position to audit those third parties to ensure that the rectification has
occurred.
4.6 Data portability
The individual shall have the right to receive personal data concerning him or her, which he or she has
provided to the Company, in a structured, commonly used and machine-readable format and have
the right to transmit those data to another data controller in circumstances where:
• The processing is based on the individual’s consent or a contract; and
• The processing is carried out by automated means.
Where feasible, the Company will send the personal data to a named third party on the individual’s
request.
4.7 Object to processing
The individual hasthe right to object to their personal data being processed based on a public interest
or a legitimate interest. The individual will also be able to object to the profiling of their data based
on a public interest or a legitimate interest.
The Company shall cease processing unless it has compelling legitimate grounds to continue to process
the personal data which override the individual’s interests, rights and freedoms or for the
establishment, exercise or defence of legal claims.
The individual has the right to object to their personal data for direct marketing.
4.8 Enforcement of rights
All requests regarding individual rights should be sent to the person whose details are listed in the
Appendix.
The Company shall act upon any subject access request, or any request relating to rectification,
erasure, restriction, data portability or objection or automated decision making processes or profiling
within one month of receipt of the request. The Company may extend this period for two further
months where necessary, taking into account the complexity and the number of requests. - REPORTING PERSONAL DATA BREACHES
All data breaches should be referred to the persons whose details are listed in the Appendix.
5.1 Personal data breaches where the Company is the data controller:
Where the Company establishes that a personal data breach has taken place, the Company will take
steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to
the rights and freedoms of any individual the Company will notify the ICO.
Where the personal data breach happens outside the UK, the Company shall alert the relevant
supervisory authority for data breaches in the effected jurisdiction.
5.2 Personal data breaches where the Company is the data processor:
The Company will alert the relevant data controller as to the personal data breach as soon as they are
aware of the breach.
5.3 Communicating personal data breaches to individuals
Where the Company has identified a personal data breach resulting in a high risk to the rights and
freedoms of any individual, the Company shall tell all affected individuals without undue delay.
The Company will not be required to tell individuals about the personal data breach where:
• The Company has implemented appropriate technical and organisational protection measures
to the personal data affected by the breach, in particular to make the personal data
unintelligible to any person who is not authorised to access it, such as encryption.
• The Company has taken subsequent measures which ensure that the high risk to the rights
and freedoms of the individual is no longer likely to materialise.
• It would involve disproportionate effort to tell all affected individuals. Instead, the Company
shall make a public communication or similar measure to tell all affected individuals. - THE HUMAN RIGHTS ACT 1998
All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with
personal data these should be respected at all times:
• Right to respect for private and family life (Article 8).
• Freedom of thought, belief and religion (Article 9).
• Freedom of expression (Article 10).
• Freedom of assembly and association (Article 11).
• Protection from discrimination in respect of rights and freedoms under the HRA (Article 14). - COMPLAINTS
If you have a complaint or suggestion about the Company’s handling of personal data then please
contact the person whose details are listed in the Appendix to this policy.
Alternatively you can contact the ICO directly on 0303 123 1113 or at
https://ico.org.uk/global/contact-us/email/
APPENDIX
If you have any queries relating to the following:
• adding, amending or deleting personal data;
• responding to subject access requests/requests for rectification, erasure, restriction data
portability, objection and automated decision making processes and profiling; and/or
• reporting data breaches/dealing with complaints.
Please contact:
Caroline Patten, Operations Director
Grassroots Recruitment
0161 464 9870
caroline@grassroots-recruitment.co.uk
Annex A
a) The lawfulness of processing conditions for personal data are: - Consent of the individual for one or more specific purposes.
- Processing is necessary for the performance of a contract with the individual or in order to take
steps at the request of the individual to enter into a contract. - Processing is necessary for compliance with a legal obligation that the controller is subject to.
- Processing is necessary to protect the vital interests of the individual or another person.
- Processing is necessary for the performance of a task carried out in the public interest or in the
exercise of official authority vested in the data controller. - Processing is necessary for the purposes of legitimate interests pursued by the controller or a third
party, except where such interests are overridden by the interests or fundamental rights or
freedoms of the individual which require protection of personal data, in particular where the
individual is a child.
b) The lawfulness of processing conditions for sensitive personal data are: - Explicit consent of the individual for one or more specified purposes, unless reliance on consent is
prohibited by EU or Member State law. - Processing is necessary for carrying out data controller’s obligations under employment, social
security or social protection law, or a collective agreement, providing for appropriate safeguards
for the fundamental rights and interests of the individual. - Processing is necessary to protect the vital interests of the individual or another individual where
the individual is physically or legally incapable of giving consent. - In the course of its legitimate activities, processing is carried out with appropriate safeguards by a
foundation, association or any other not-for-profit body, with a political, philosophical, religious
or trade union aim and on condition that the processing relates only to members or former
members (or those who have regular contact with it in connection with those purposes) and
provided there is no disclosure to a third party without the consent of the individual. - Processing relates to personal data which are manifestly made public by the individual.
- Processing is necessary for the establishment, exercise or defence of legal claims or whenever
courts are acting in their judicial capacity. - Processing is necessary for reasons of substantial public interest on the basis of EU or Member
State law which shall be proportionate to the aim pursued, respects the essence of the right to
data protection and provide for suitable and specific measures to safeguard the fundamental
rights and interests of the individual. - Processing is necessary for the purposes of preventative or occupational medicine, for assessing
the working capacity of the employee, medical diagnosis, the provision of health or social care or
treatment or the management of health or social care systems and services on the basis of EU or
Member State law or a contract with a health professional and subject to the necessary conditions
and safeguards. - Processing is necessary for reasons of public interest in the area of public health, such as protecting
against serious cross-border threats to health or ensuring high standards of quality and safety of
healthcare and of medicinal products or medical devices, on the basis of EU or Member State law
which provides for suitable and specific measures to safeguard the rights and freedoms of the
individual, in particular professional secrecy. - Processing is necessary for archiving purposes in the public interest, scientific or historical research
purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the
essence of the right to data protection and provide for suitable and specific measures to safeguard
fundamental rights and interests of the individual.