The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Casey Stephenson Limited (“The Company”) This includes obligations in dealing with personal data, in order to ensure that the organisation complies with the requirements of current Irish legislation and the General Data Protection Regulation (GDPR)(EU) 2016/679.
The Company must comply with the Data Protection principles set out in the relevant legislation. This Policy applies to all Personal Data collected, processed and stored by The Company in relation to its staff, service providers and clients (“data subjects”) in the course of its activities. The Company makes no distinction between the rights of Data Subjects who are employees, and those who are not. All are treated equally under this Policy.
The Policy covers both personal and sensitive personal data held in relation to data subjects by The Company. The policy applies equally to personal data held in manual and automated form.
All Personal and Sensitive Personal Data will be treated with equal care by The Company. Both categories will be equally referred-to as Personal Data in this policy, unless specifically stated otherwise.
This policy should be read in conjunction with the associated:
- Subject Access Request Process,
- Data Retention and Destruction Policy,
- Data Loss Notification Procedure.
The Company as a Data Controller
In the course of its daily organisational activities, The Company acquires, processes and stores personal data in relation to:
- Employees of The Company – information required to fulfil our legal obligations as an employer and information required to fulfil our contractual duties to employees will be requested.
- Clients of The Company – we collect personal information from our clients which is required to fulfil our legal and contractual duties to them.
- Third party service providers engaged by The Company – we may store information required to fulfil our contractual duties to our third party service providers, e.g. information required to pay our providers for services provided.
In accordance with the General Data Protection Regulation, this data must be acquired and managed fairly. Not all staff members will be expected to be experts in Data Protection legislation. However, The Company is committed to ensuring that staff has sufficient awareness of the legislation in order to be able to anticipate and identify a Data Protection issue, should one arise. In such circumstances, staff must ensure that the Data Protection Co-Ordinator is informed, in order that appropriate corrective action is taken.
Due to the nature of the services provided by The Company, there is regular and active exchange of personal data between The Company and its Data Subjects. In addition, The Company exchanges personal data with Data Processors on the Data Subjects’ behalf.
This is consistent with The Company’s obligations under the terms of its contract with its Data Processors.
This policy provides the guidelines for this exchange of information, as well as the procedure to follow in the event that a The Company staff member is unsure whether such data can be disclosed.
In general terms, the staff member should consult with the Data Protection Co-Ordinator to seek clarification.
Subject Access Requests
Any formal, written request by a Data Subject for a copy of their personal data (a Subject Access Request) will be referred, as soon as possible, to the Data Protection Co-Ordinator, and will be processed as soon as possible.
It is intended that by complying with these guidelines, The Company will adhere to best practice regarding the applicable Data Protection legislation.
In the course of its role as Data Controller, The Company engages a number of Data Processors to process Personal Data on its behalf. In each case, a formal, written contract is in place with the Processor, outlining their obligations in relation to the Personal Data, the specific purpose or purposes for which they are engaged, and the understanding that they will process the data in compliance with the General Data Protection Regulation (GDPR)(EU) 2016/67
The Data Protection Principles
The following key principles are enshrined in the Irish legislation and are fundamental to the Company’s Data Protection policy.
In its capacity as Data Controller and Data Processor, The Company ensures that all data shall:
- … be obtained and processed fairly and lawfully.
Regulation seeks to ensure that personal data is processed lawfully, fairly and transparently without adversely affecting the rights of the data subject. The Company will meet this obligation by ensuring that processing of personal data shall be lawful if at least one of the following applies:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- Processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
- Processing is necessary for compliance with a legal obligation to which the controller is subject;
- 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 controller;
- Processing is necessary for the purposes of the legitimate interest pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data.
For data to be obtained fairly and transparently, the data subject will, at the time the data is being collected, be made aware of:
- The identity of the Data Controller (The Company) and the Data Protection Co-Ordinator.
- The purpose(s) and legal basis for which the data is being collected. Explanation will be given of legitimate interest of the Company if it is being used as the legal basis.
- The person(s) to whom the data may be disclosed by the Data Controller
- Data subjects rights to withdraw consent, request access, rectification or restriction of processing.
- The Data Subject’s data will not be disclosed to a third party other than to a party contracted to the Company and operating on its behalf.
- …. be obtained only for specified, explicit and legitimate purposes.
The company collects and processes personal data for the specific purposes set out in the Letter of Engagement or Contract. The purposes for which we process personal data will be informed to a data subject at the time their personal data is collected.
The Company also collects and stores personal data subject to statutory Anti Money Laundering obligations pursuant to the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013.
- ….. not be further processed in a manner incompatible with the specified purpose(s).
Any use of the data by The Company will be compatible with the purposes for which the data was acquired.
- …. be kept safe and secure.
The Company employ high standards of security in order to protect the personal data under its care. Appropriate security measures will be taken to protect against unauthorised access to, or alteration, destruction or disclosure of any personal data held by The Company in its capacity as Data Controller.
Access to and management of staff and customer records is limited to those staff members who have appropriate authorisation and password access.
These security measures will be reviewed and updated on a regular basis keeping up to date up technological advances.
- … be kept accurate, complete and up-to-date where necessary.
The Company will:
- ensure that administrative and IT validation processes are in place to conduct regular assessments of data accuracy;
- conduct periodic reviews and audits to ensure that relevant data is kept accurate and up-to-date. The Company conducts a review of sample data every six months to ensure accuracy; Staff contact details and details on next-of-kin are reviewed and updated every two years.
- conduct regular assessments in order to establish the need to keep certain Personal Data.
- … be adequate, relevant and not excessive in relation to the purpose(s) for which the data were collected and processed.
The Company will ensure that the data it processes in relation to Data Subjects are relevant to the purposes for which those data are collected. Data which are not relevant to such processing will not be acquired or maintained.
- … not be kept for longer than is necessary to satisfy the specified purpose(s).
The Company adopts a process of data minimisation and storage limitation. The Company only collects and process personal data for and to the extent necessary to perform a specific purpose informed to data subjects.
Once the respective retention period has elapsed, The Company undertakes to destroy, erase or otherwise put this data beyond use.
The company may have legal, statutory and compliance obligations for retention of certain data as per our Data Retention and Destruction Policy,
- … be managed and stored in such a manner that, in the event a Data Subject submits a valid Subject Access Request seeking a copy of their Personal Data, this data can be readily retrieved and provided to them.
The Company has implemented a Subject Access Request procedure by which to manage such requests in an efficient and timely manner, within the timelines stipulated in the legislation.
Data Subject Access Requests
As part of the day-to-day operation of the organisation, The Company’s staff engage in active and regular exchanges of information with Data Subjects. Where a formal request is submitted by a Data Subject in relation to the data held by The Company, such a request gives rise to access rights in favour of the Data Subject.
In accordance with the General Data Protection Regulation (GDPR)(EU) 2016/679, there are specific time-lines within which The Company must respond to the Data Subject, depending on the nature and extent of the request. These are outlined in the attached Subject Access Request Process document.
The Company’s staff will ensure that, where necessary, such requests are forwarded to the Data Protection Co-Ordinator in a timely manner, and they are processed as quickly and efficiently as possible, but within not more than 30 days from receipt of the request.
The Company will ensure the following is undertaken in respect of the collection, holding and processing of personal data:
- All employees, contractors or other parties working on behalf of the Company handling personal data:
- Will be appropriately trained to do so;
- Must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Regulation.
- Bound to do so in accordance with the principles of the Regulation and this Policy by contract.
- All employees, agents, contractors, or other parties working on behalf of the Company:
o Will be made fully aware of both their individual and the Company’s responsibilities under the Regulation and under this policy and will be provided with an opportunity to read this policy. A document stating that this document has been read and understood should be signed by all relevant parties.
o That need access to and use of personal data in order to carry out their assigned duties correctly will have access to personal data held by the Company.
- Methods of collecting, holding and processing personal data will be regularly evaluated and reviewed;
- The performance of those employees, agents, contractors or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed.
As a Data Controller, The Company ensures that any entity which processes Personal Data on its behalf (a Data Processor) does so in a manner compliant with the Data Protection legislation.
Failure of a Data Processor to manage The Company’s data in a compliant manner will be viewed as a breach of contract and will be pursued through the courts.
Failure of The Company’s staff to process Personal Data in compliance with this policy may result in disciplinary proceedings.
Data Protection Co-Ordinator
David Moran acts as the Data Protection Co-Ordinator and his contact details are:
Mr David Moran
Casey Stephenson Limited
3 Day Place
Telephone: 353 66 7124439
The Company has outlined the procedure for data breach notification in a separate document and staff have been advised of this procedure:
- Data Loss Notification Procedure.
An incident log and form is available from the Data Protection Co-Ordinator.
The Company treat data breaches very seriously and any employee who becomes aware of a likely data breach and fails to notify the Data Protection Co-Ordinator immediately may be subject to the Companies disciplinary procedure.
Policy Has Been Approved
This policy will be reviewed and updated on an annual basis, or sooner if required.
This policy has been approved and authorised by:
NAME: David Moran
POSITION: Data Protection Co-Ordinator
DATE: 18th May 2018
For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.
|Data||This includes both automated and manual data.
Automated data means data held on computer or stored with the intention that it is processed on computer.
Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.
|Personal Data||Information which relates to a living individual, who can be identified either directly from that data, or indirectly in conjunction with other data which is likely to come into the legitimate possession of the Data Controller. (If in doubt, The Company refers to the definition issued by the Article 29 Working Party and updated from time to time.)|
|Sensitive Personal Data||A particular category of Personal data, relating to: Racial or Ethnic Origin, Political Opinions, Religious, Ideological or Philosophical beliefs, Trade Union membership, Information relating to mental or physical health, information in relation to one’s Sexual Orientation, information in relation to commission of a crime and information relating to conviction for a criminal offence.|
|Data Controller||A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed.|
|Data Subject||A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly.|
|Data Processor||A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment.|
|Data Protection Co-Ordinator||A person appointed by The Company to monitor compliance with the appropriate Data Protection legislation, to deal with Subject Access Requests, and to respond to Data Protection queries from staff members and service recipients|
|Relevant Filing System||Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable.|