Introduction
The organisation is committed to being transparent about how it collects and uses the personal data of its workforce, and to meeting its data protection obligations. This policy sets out the organisation’s commitment to data protection, and individual rights and obligations in relation to personal data.

Purpose
The purpose of this policy is to make clear Iken Business Ltd.’s position in relation to Data Protection and reinforce its commitment to not only comply with legal requirements but to adhere to industry best practice. It aims to make clear Iken’s practice around processing and storage of data and how individuals can request what information the company holds on them.

Scope
This policy applies to all employees, suppliers, contractors and any other third parties who have authorised access to Iken Business Ltd.’s information or process data or information on behalf of Iken Business Ltd.

This policy applies to the personal data of job applicants, employees, contractors, volunteers, apprentices and former employees, referred to as HR-related personal data. This policy also applies to the personal data of clients or other personal data processed for business purposes.

Definitions
“Personal data” is any information that relates to a living individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.
“Special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.
“Criminal records data” means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.

Responsibilities
The organisation has appointed a Data Protection Representative as the person with responsibility for data protection compliance within the organisation. They can be contacted at hmartin@iken.co.uk. Questions about this policy, or requests for further information, should be directed to them.

General Staff Guidelines

  • The only people able to access data covered by this policy are those who need it for their work.
  • Data shall not be shared informally. When access to confidential information is required, employees can request it by submitting a change request to the Change Control Board.
  • The Company will provide training to all employees to help them understand their responsibilities when handling data.
  • Employees shall keep all data secure, by taking sensible precautions and following the guidelines below.
  • In particular, strong passwords must be used and they must never be shared.
  • Personal data shall not be disclosed to unauthorised people, either within the company or externally.
  • Data shall be regularly reviewed and updated if it is found to be out of date. If no longer required, data shall be deleted and disposed of.
  • Employees must request help from their line manager or the data protection representative if they are unsure about any aspect of data protection.

Data protection principles
The organisation processes personal data in accordance with the following data protection principles:

  • The organisation processes personal data lawfully, fairly and in a transparent manner.
  • The organisation collects personal data only for specified, explicit and legitimate purposes.
  • The organisation processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
  • The organisation keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
  • The organisation keeps personal data only for the period necessary for processing.
  • The organisation adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.

The organisation tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons. Where the organisation relies on its legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals.

The organisation will update HR-related personal data promptly if an individual advises that his/her information has changed or is inaccurate.
Personal data gathered during the employment, contractor, or apprenticeship relationship is held in the individual’s personnel file (in hard copy and electronic format). The periods for which the organisation holds HR-related personal data are contained in its privacy notices to individuals as well as in the organisation’s Data Retention Schedule.
The organisation keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).

Special Category Data
Special category personal data includes information relating to the following matters:

  • the employee’s racial or ethnic origin;
  • his or her political opinions;
  • his or her religious or similar beliefs;
  • his or her trade union membership;
  • his or her physical or mental health or condition;
  • his or her sex life or sexual orientation; or
  • his or her genetics or biometric information

Iken ensures that wherever this information is collected, there is a legitimate justification for doing so and that the individual’s express written consent is sought at the point at which special category data is collected.

Criminal Offence Data
As per the requirements of the GDPR Iken Business Ltd does not process any information in relation to criminal offences.

Personal Data Held for Equal Opportunities Monitoring Purposes
Where personal data obtained in relation to employees or job applicants and is to be held for the purpose of Equal Opportunities monitoring, all such data must be made anonymous.

Individual rights
As a data subject, individuals have a number of rights in relation to their personal data.

Subject access requests
Individuals have the right to make a subject access request. If an individual makes a subject access request, the organisation will tell him/her:

  • whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
  • to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
  • for how long his/her personal data is stored (or how that period is decided);
  • his/her rights to rectification or erasure of data, or to restrict or object to processing;
  • his/her right to complain to the Information Commissioner if he/she thinks the organisation has failed to comply with his/her data protection rights; and whether or not the organisation carries out automated decision-making and the logic involved in any such decision-making.

The organisation will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.
If the individual wants additional copies, the organisation will charge a fee, which will be based on the administrative cost to the organisation of providing the additional copies.
To make a subject access request, the individual should send the request to hmartin@iken.co.uk or use the organisation’s form for making a subject access request. In some cases, the organisation may need to ask for proof of identification before the request can be processed. The organisation will inform the individual if it needs to verify his/her identity and the documents it requires.

The organisation will normally respond to a request within a period of one month from the date it is received. In some cases, such as where the organisation processes large amounts of the individual’s data, it may respond within three months of the date the request is received. The organisation will write to the individual within one month of receiving the original request to tell him/her if this is the case.
If a subject access request is manifestly unfounded or excessive, the organisation is not obliged to comply with it. Alternatively, the organisation can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which the organisation has already responded. If an individual submits a request that is unfounded or excessive, the organisation will notify him/her that this is the case and whether or not it will respond to it.

Other rights
Individuals have a number of other rights in relation to their personal data. They can require the organisation to:

  • rectify inaccurate data;
  • stop processing or erase data that is no longer necessary for the purposes of processing;
  • stop processing or erase data if the individual’s interests override the organisation’s legitimate grounds for processing data (where the organisation relies on its legitimate interests as a reason for processing data);
  • stop processing or erase data if processing is unlawful; and
  • stop processing data for a period if data is inaccurate or if there is a dispute about whether or not
  • the individual’s interests override the organisation’s legitimate grounds for processing data.

To ask the organisation to take any of these steps, the individual should send the request to hmartin@iken.co.uk

Data security
The organisation takes the security of personal data seriously and is certified to ISO27001. The organisation has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
All personal data processed and stored by the organisation is subject to the organisation’s information security policies and processes including but not limited to;

  • Access Control
  • Information Classification, Labelling and Handling
  • Information Transfer Policy
  • Data Retention Schedule
  • Clear Desk and Screen Policy

Please see the organisations Information Security Handbook and full policies and processes for further information.

Storage of Personal Data
When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it. These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

  • When not required, the paper or files shall be kept in a locked drawer or filing cabinet;
  • Employees shall ensure paper and printouts are not left where unauthorised people could see them, like on a printer;
  • Data printouts shall be shredded and disposed of securely when no longer required.

When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:

  • Data shall be protected by strong passwords that are changed regularly and never shared between employees;
  • If data is stored on removable media (like a USB or hard drive), these shall be kept locked away securely when not being used;
  • Data shall only be stored on designated drives and servers, and shall only be uploaded to an approved cloud software;
  • Data shall only be accessible by individuals who have been authorised to access the data in line with the Company’s Access Control Policy;
  • Servers containing personal data shall be sited in a secure location, away from general office space;
  • Data shall be backed up frequently. Those backups shall be tested regularly, in line with the company’s standard backup procedures;
  • Data shall never be saved directly to mobile devices like tablets or smart phones;
  • All servers and computers containing data shall be protected by approved security software and a firewall.

Where the organisation engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

Impact assessments
Some of the processing that the organisation carries out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms, the organisation will carry out a data protection impact assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.

Data breaches
If the organisation discovers that there has been a breach of personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. The organisation will record all data breaches regardless of their effect.
If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.

International data transfers
Personal data may be transferred to countries outside the EEA to third party suppliers in order for Iken to fulfil its contractual obligations to both its clients and employees. Data is transferred outside the EEA on the basis of binding corporate rules or other safeguards which are checked and approved by Senior Management during the initial due diligence and are reviewed by the Iken Sponsor as part of the annual supplier reviews for all third parties who process personal data for Iken.

Individual responsibilities
Individuals are responsible for helping the organisation keep their personal data up to date. Individuals should let the organisation know if data provided to the organisation changes, for example if an individual moves house or changes his/her bank details.
Individuals may have access to the personal data of other individuals and of our customers and clients in the course of their employment, contract, or apprenticeship. Where this is the case, the organisation relies on individuals to help meet its data protection obligations to staff and clients.
Individuals who have access to personal data are required:

  • to access only data that they have authority to access and only for authorised purposes;
    not to disclose data except to individuals (whether inside or outside the organisation) who have appropriate authorisation;
  • to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
  • not to remove personal data, or devices containing or that can be used to access personal data, from the organisation’s premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device;
  • not to store personal data on local drives or on personal devices that are used for work purposes; and
  • to report data breaches of which they become aware to their line manager or the HR Manager immediately.

Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under the organisation’s disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.

Training
The organisation will provide training to all individuals about their data protection responsibilities as part of the induction process and at regular intervals thereafter.
Individuals whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.

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