Data Protection Policy
Everyone has rights with regard to how their personal information is handled. During the course of our activities, we may collect store, and process personal information about you and we recognise the need to treat it in an appropriate and lawful manner.
The types of information that we may be required to handle include details of suppliers, customers, and others that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards as specified in The Data Protection Act 2018 (DPA 2018) which is the UK’s implementation of the General Data Protection Regulation (GDPR) (the Act). The Act imposes restrictions on how we may use that information.
Please note that this policy can be amended at any time.
Status of the policy
This policy sets out our rules on data protection and the legal conditions that must be satisfied in relation to the obtaining, handling, processing, storage, transportation, and destruction of personal information.
The Data Protection Officer is responsible for ensuring compliance with the Act and with this policy. That post is held by Christopher Hill, Data Protection Officer, firstname.lastname@example.org. Any questions or concerns about the operation of this policy must be referred to the Data Protection Officer.
If you consider that the policy has not been followed in respect of personal data about yourself or others you must raise the matter with the Data Protection Officer.
Definitions of data protection terms
Data is information that is stored electronically, on a computer, external storage device, or in certain paper-based filing systems.
Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.
Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). 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 are the people who or organisations that determine the purposes for which, and the manner in which, any personal data is processed. They have a responsibility to establish practices and policies in line with the Act.
Data users include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.
Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers who handle personal data on our behalf.
Processing is any activity that involves the use of the data. It includes obtaining, recording, or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, and will usually require the express consent of the person concerned.
Data protection principles
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:
- Processed fairly and lawfully.
- Processed for limited purposes and in an appropriate way.
- Adequate, relevant, and not excessive for the purpose.
- Not kept longer than necessary for the purpose.
- Processed in line with data subjects’ rights.
- Not transferred to people or organisations situated in countries without adequate protection.
Fair and lawful processing
The Act is 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 data controller is (in this case Chill Web Designs), who the data controller’s representative is (in this case the Data Protection Officer), the purpose for which the data is to be processed by us, and the identities of anyone to whom the data may be disclosed or transferred.
The Data Protection Officer is registered as a data controller with the Information Commissioner’s Office (ICO) under reference number ZA795126.
For personal data to be processed lawfully, certain conditions have to be 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.
Processing for limited purposes
Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by the Act. This means that personal data must not be collected for one purpose and then 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.
Adequate, relevant, and non-excessive processing
Personal data must only be collected to the extent that it is required for the specific purpose notified to the data subject. Any data which is not necessary for that purpose will not be collected in the first place.
Personal data must be accurate and kept up to date. The information which is incorrect or misleading is not accurate and steps will therefore be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterward. Inaccurate or out-of-date data will be securely destroyed.
Personal data will not be kept longer than is necessary for the purpose. This means that data will be destroyed or erased from our systems when it is no longer required.
Processing in line with data subjects rights
Data must be processed in line with data subjects’ rights. Data subjects have a right to:
- Request access to your personal information (commonly known as a “subject access request (SAR)”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
We 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. Data subjects may apply to the courts for compensation if they have suffered damage from such a loss.
The Act requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data may only be transferred to a third-party data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
Maintaining data security means guaranteeing the confidentiality, integrity, and availability of personal data, defined as follows:
- Confidentiality means that only people who are authorised to use the data can access it.
- Integrity means that personal data must be accurate and suitable for the purpose for which it is processed.
- Availability means that authorised users will be able to access the data if they need it for authorised purposes. Personal data will therefore be stored on our central computer system instead of individual PCs.
Security procedures include:
- No one can enter our premises without a prior appointment and will never be left unattended when visiting.
- Computers are password protected and are automatically locked after 5 minutes of inactivity.
- Secure lockable desks and cupboards. Desks and cupboards will be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
- Methods of disposal. Paper documents will be shredded. CD-ROMs will be physically destroyed when they are no longer required. Data on USB Flash Drives and Memory Cards will undergo digital file shredding securely wiping any data prior to disposal.
- Data users will ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
- Computers are installed with anti-virus and anti-malware software and are scanned and definitions updated daily.
- Staff members are trained to recognise fraudulent/phishing emails.
Dealing with subject access requests (SARs)
A formal request from a data subject for information that we hold about them must be made in writing. Any member of staff who receives a written request must forward it to the Data Protection Officer immediately.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Providing information over the telephone
Any member of staff dealing with telephone enquiries will be careful about disclosing any personal information held by us. In particular, they will:
- Check the caller’s identity to make sure that information is only given to a person who is entitled to it.
- Conduct security challenges and identity verification.
- Suggest that the caller put their request in writing if they are not sure about the caller’s identity and where their identity cannot be checked.
- Refer to the Data Protection Officer for assistance in difficult situations. No-one should be bullied into disclosing personal information.
Review of the policy
This policy is in effect from 29/01/2023 and is reviewed periodically.