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 certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.
As a recruitment business DKF 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 DKF’s procedures for implementing the Data Protection Laws. It should be read in conjunction with DKF’s Data Protection Policy.
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 need to refer to sensitive personal data specifically.
‘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
DKF 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. DKF has registered with the ICO and its registration number is ZA043345
DKF may hold personal data on individuals for the following purposes:
Only those listed in the Appendix are permitted to add, amend or delete personal data from DKF’s database(s) (‘database’ includes paper records or records stored electronically).
All DKF staff are responsible for notifying those listed in the Appendix where information is known to be old, inaccurate or out of date or a request for erasure, access, rectification or restriction of processing has been received from the individual. DKF staff are also responsible for notifying those listed in the Appendix where any request for data portability, objection to processing or where consent to process has been withdrawn and has been received from the individual.
The incorrect processing of personal data e.g. sending an individual’s details to the wrong person, allowing unauthorised persons access to personal data, sending information out for purposes for which the individual did not give their consent, or not having a lawful reason to process personal data, may give rise to a breach of contract and/or negligence leading to a claim against DKF for damages from an employee, work-seeker or client contact.
A failure to observe the contents of this procedure policy will be treated as a disciplinary offence.
In addition all DKF staff should ensure that adequate security measures are in place to limit the risk of personal data breaches. For example:
< >Staff should lock their computer screens when they are not in use.
All devices, whether provided by DKF or personal devices (including but not limited to computers, mobile phones, other hand-held devices) containing personal data relating to the services of DKF shall be encrypted and password protected. (From September 2018 all personal data collected via a DKF or personal device for the purposes of providing DKF’s services, should be processed through DKF’s CRM.)
Staff should not disclose their passwords to anyone.
Email should be used with care. DKF staff must ensure that emails are sent only to the intended recipient/s. Where DKF staff send an email in error then the email must be recalled immediately and DKF staff must inform those listed in the Appendix of the error so that any risk of a personal data breach can be limited.
Personnel files (whether for internal staff or work-seekers) and other personal data should be stored securely to prevent unauthorised access. They should not be removed from their usual place of storage without good reason.
Personnel files (whether for internal staff or work-seekers) should always be locked away when not in use and when in use should not be left unattended.
Personal data should only be stored for the periods set out in DKF’s data retention policy.
Processing includes the destruction or disposal of personal data. Therefore staff should take care to destroy or dispose of personal data safely and securely. Such material should be shredded or stored as confidential waste awaiting safe destruction.
The right to be informed of what information DKF holds on them – this is typically given to the individual in a privacy notice;
The right of access to any personal data that DKF holds on them – this is usually referred to as a ‘subject access request’;
The right to rectification of personal data that the individual believes is either inaccurate or incomplete;
The right to erasure of their personal data in certain circumstances;
The right to restrict processing of their personal data;
The right to data portability of their personal data in specific circumstances;
The right to object to the processing of their personal data where it is based on either a legitimate interest or a public interest;
The right not to be subjected to automated decision making and profiling; and
The right to withdraw consent where it was relied upon to process their personal data.
< >The right to be informed
DKF collects/processes data directly from the individual; or
DKF has not collected/processed the data from the individual directly.
Where personal data has been collected from the individual the privacy notice will need to be issued at the point the data is collected. Where DKF intends to further process the personal data for a purpose other than that for which the personal data was collected, DKF shall provide the individual, prior to that further processing, with information on that other purpose and with any relevant further information in our privacy notice.
Where personal data has not been obtained from the individual, DKF shall provide the privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed. If the personal data are to be used to communicate with the individual then the privacy notice will be issued at the time of the first communication with the individual. If a disclosure to another recipient is envisaged, then the privacy notice will be issued to the individual at the latest when the personal data are first disclosed.
Where DKF collects data from the individual:
Where personal data has not been obtained from the individual:
< >The right to access (‘subject access request’)
Confirmation that their personal data is or is not being processed;
Access to the personal data undergoing processing;
The purposes of the processing;
The categories of personal data concerned;
The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
The existence of the right to request from DKF rectification or erasure of personal data or restriction of processing of personal data concerning the individual or to object to such processing;
The right to lodge a complaint with the ICO or any other relevant supervisory authority;
Where the personal data are not collected from an individual, any available information as to the source of that information;
The existence of automated decision-making, including profiling, based on a public interest or a legitimate interest and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
Note: an individual might not label their subject access request as such. Therefore DKF staff should always consider whether a request is a subject access request even when not called that. If in doubt, refer to the persons listed in the Appendix.
The individual’s right to access their information shall not adversely affect the rights and freedoms of others and they will not be able to access the personal data of third parties without the explicit consent of that third party or if it is reasonable in all the circumstances to comply with the request without that third party’s consent, taking into consideration any means to redact the personal data of any third party. Persons listed in the Appendix will decide whether it is appropriate to disclose the information to the individual on a case by case basis. This decision will involve balancing the individual’s right of access of their personal data against the third party’s rights in respect of their own personal data.
< >The right to rectification
The right to erasure (‘right to be forgotten’)
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
An individual withdraws consent on which the processing is based, and where there is no other legal ground for the processing;
An individual objects to the processing (based on either a public interest or a legitimate interest) and there are no overriding legitimate grounds for the processing, or an individual objects to the processing for direct marketing purposes (including profiling related to direct marketing);
The personal data have been unlawfully processed;
The personal data have to be erased for compliance with a legal obligation; or
The personal data have been collected in relation to the offer of information society services to a child.
For exercising the right of freedom of expression and information;
For compliance with a legal obligation which requires processing, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in DKF acting as controller;
For reasons of public interest in the area of public health;
For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
For the establishment, exercise or defence of legal claims.
The right to restrict processing
The accuracy of the personal data is contested by the individual, for a period enabling DKF to verify the accuracy of the personal data;
The processing is unlawful and the individual opposes the erasure of the personal data and requests the restriction of their use instead;
DKF no longer needs the personal data for the purposes of the processing, but they are required by an individual for the establishment, exercise or defence of legal claims;
The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of DKF override those of the individual.
The right to data portability
The processing is based on the individual’s consent or a contract; and
The processing is carried out by automated means.
The right to object to processing
Automated decision making processes
It is necessary for entering into or performance of a contract between the employer and the individual;
It is authorised by law; or
The individual has given their explicit consent.
Ensuring where explicit consent is given this is documented clearly by DKF
DKF record all calls to and from our landline phones. Any other data given to us or transmitted to a third party would be done via landline calls, this therefore provides confirmation is transmitted by DKF. All emails are saved on our server.
The right to withdraw consent
Timing and information to be provided to the individual
Charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
Refuse to act on the request.
Personal data breaches where DKF is the data controller:
Conduct a risk assessment as to what level of risk the personal data breach poses/has occurred;
Conduct any relevant interviews or investigations of the DKF’s practices and/or DKF staff to assess how the personal data breach occurred;
Implement measures and take steps to limit, contain and recover the breach.
The facts relating to the personal data breach – including any investigations undertaken or statements taken from DKF’s staff;
The effects of the personal data breach; and
The remedial action taken.
Personal data breaches where DKF is the data processor:
Communicating personal data breaches to individuals
DKF has implemented appropriate technical and organisational protection measures to use 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.
DKF 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, those listed in the Appendix shall, on behalf of DKF, make a public communication or similar measure to tell all affected individuals.
Where there is a high risk to individuals as a result of the breach
Actions to take after a breach
Where there is a likely risk to individuals as a result of the breach
Notify the individuals concerned as soon as is reasonably feasible
Inform the ICO
When notifying individuals:
The main purpose behind notifying an individual of a breach is to outline the specific steps they should take to protect themselves. However, there are exceptions – communication with the data subject shall not be required if:
The information sent to individuals should be sent separate to any other communication and could be sent via multiple communication channels in order to ensure transparency. The information should also be presented in clear and plain language.
When a data controller notifies the ICO of a possible breach it must do the following:
Those listed in the Appendix will keep written records of the processing activities of DKF. The records must be in writing (which can be in electronic form) and must include the following information:
< >The name and contact details of the data controller or data controller’s representative and any joint controllers; The purposes of the processing; A description of the categories of the data subjects and of the categories of the personal data;The categories of recipients to whom personal data have or will be disclosed to, including to those internationally; Any transfers of personal data internationally, including the identification of the third country or international organisation to which the data is transferred; The envisaged time limits placed on an individual’s right to erasure; and Where possible, a description of the technical and security measures that have been utilised to alleviate data-related risks.Information required for privacy notices;Records of consent;Controller-processor contracts;The location of personal data;Data Protection Impact Assessment reports;Records of personal data breaches;Information required for processing sensitive personal data or criminal convictions/offences data.All DKF staff are responsible for: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;
< >Katy Fagan is responsible for:reporting data breaches/dealing with complaints; and/or is the Data Protection Officer
< >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 to which 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.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.