Data Protection Policy – Organisation

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: –

• Obtaining, recording or keeping data
• Collecting, organising, storing, altering or adapting the data
• Retrieving, consulting or using the data
• Disclosing the information or data by transmitting, disseminating or otherwise making it available
• Aligning, combining, blacking, erasing or destroying the data

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.

Data Protection Principles

Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be: –

• Obtained and processed fairly

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.

• Kept only for one or more specified, explicit and lawful purposes

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.

• Used and disclosed only in ways compatible with these purposes

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.

• Kept safe and secure

[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: –

• Confidentiality – Only people authorised to use the data can access it. [The Slaney Language Centre] will ensure that only authorised persons have access to an employees’ personal file and any other personal or sensitive data held by [The Slaney Language Centre]. Employees are required to maintain the confidentiality of any data to which they have access.
• Integrity – Personal data is accurate and suitable for the purpose for which it is processed.
• Availability – Only authorised users should be able to access the data if they need it for authorised purposes

Security Policy / Procedures include: –

• Secure lockable desks and cupboards.  – Clear desk policy, all desks and cupboards remain locked when not in use. (Personal information is always considered confidential) and treated with extra precautions ensuring no one can see work that contains the same.
• Methods of disposal. – Paper documents must be shredded. All removable media should be wiped and physically destroyed when no longer required.
• Equipment – Data users should ensure that individual monitors do not show confidential information to passers-by and that the screen saver starts as soon as their PC is unattended.
• ISO 27001 – Compliance is required to all Policies with regards to ISO27001, including the IT Security Policy documents.

• Kept accurate, complete and up to date

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.

• Adequate, relevant and not excessive

• Retained for no longer than is necessary for the purpose or purposes for which it was collected

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.

• Provided to data subjects as requested

Data must be processed in line with data subject’s rights. Data subjects have a right to: –

• Request access to any data held about them by the Data Controller
• Prevent the processing of their data for direct marketing purposes
• Ask to have inaccurate data amended
• Prevent processing that is likely to cause or distress to themselves or anyone else

Dealing with Subject Access Requests

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.

Providing Information Over the telephone

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: –

• Check the identity of the caller to ensure that information is only given to a person who is entitled to that information
• Suggest that the caller put their request in writing if the employee is not sure about the identity of the caller and in circumstances where the identity of the caller cannot be verified
• Refer the request to their manager and/or the Data Controller for assistance in difficult situations. No employee should feel forced into disclosing personal information.

Direct Marketing

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: –

• Do not call or email another organisation until it is confirmed that they have a web presence or already in the public domain with their contact details such as address and telephone number published on the same.
• When a call is made, permission must be sought to get the correct contact information such as the relevant decision maker with regards to IT purchasing. A record must be kept of whom our employee spoke to and date and time of the call.
• All email contact must contain an ‘Opt-Out’ clearly identified options.
• We do not market via Postal, Text or Fax.
• All Opt-Outs must be respected (telephone or electronic) by deleting the contact permanently.

Policy Review

[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.

Data Breach Policy

Purpose

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.

Scope

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: –

• Loss or theft of personal data
• Loss of unencrypted equipment storing personal data
• Human error for example sending personal data to the wrong email address
• Unforeseen circumstances such as a fire or flood
• Hacking attack
• ‘Blagging’ offences where information is obtained by deceit

Roles and Responsibilities

Responsibilities

Information users
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
Data Owners are responsible for ensuring that staff in their area act in compliance with this policy and assist with investigations as required.

Contact Details
In the event that the Incident Management Team need to be contacted, contact [info@slaneylanguage.com or 0872317270].

Data Classification

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.

Public Data:
Information intended for public use, or information which can be made public without any negative impact on [The Slaney Language Centre].

Internal Data:
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].

Confidential Data:
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: –

• describe the nature of the personal data breach
• systems used
• classification of personal data lost
• details of when, where and how this personal data was lost
• including where possible, the categories and approximate number of data subjects concerned
• approximate number of personal data records concerned
• describe the likely consequences of the personal data breach

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: –

1. Containment and Recovery
2. Assessment of Risks to the rights and freedom of those affected
3. Consideration of Further Notification of those affected
4. Evaluation and Response

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: –

• describe the nature of the personal data breach including, where possible, the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned
• communicate the name and contact details of the Data Protection Manager or other contact point where more information can be obtained
• describe the likely consequences of the personal data breach
• describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects

[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: –

• When the personal data breach is likely to result in a high risk to the rights and freedoms of the individuals affected, [The Slaney Language Centre] will communicate the personal data breach to the individuals affected without undue delay
• The communication to the individuals affected will describe in clear and plain language the nature of the personal data breach
• [The Slaney Language Centre] will provide the name and contact details of the Data Protection Manager, describe the likely consequences of the personal data breach and describe the measures taken or proposed to be taken to address the mitigation of the data breach including, if appropriate, measures taken

Communication to the affected individual is not required if any of the following conditions are met: –

• [The Slaney Language Centre] has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
• [The Slaney Language Centre] has taken subsequent measures which ensure that the high risk to the rights and freedoms of affected individuals is no longer likely to materialise;
• it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the affected individuals are informed in an equally effective manner.