The General Data Protection Regulation (GDPR) is a privacy law that came into effect on the 25th May 2018, passed by the EU but affecting companies all around the world. GDPR gives users more rights over the personal information they share with businesses, and penalises companies that are negligent with this data.
Due to the nature of our business, Lantern Gates and Barriers collects personal information about our employees, sub-contractors and customers. This policy outlines how we handle and store this information, explaining how we ensure that this information is collected, recorded and stored lawfully and responsibly.
Lantern Gates and Barriers endorse and adhere to the principles of GDPR, and this policy applies to all personal data regardless of the manner in which it was obtained. The data mentioned also includes both soft and hard copy records, including those connected to our Human Resource (HR) functions.
This policy covers our response to data breaches and our additional rights and responsibilities that apply to GDPR. The content of this policy applies to the personal data of all new job applicants, existing and former employees, apprentices, volunteers, placement students, workers and self-employed contractors, all of whom we refer to as ‘relevant individuals’ within this policy.
Personal data: Information that relates to a person who can be directly or indirectly identified through that information; for example, name, identification number, location, or online identifier and can also include pseudonymised data.
Special categories of personal data: Data that relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).
Criminal offence data: Data that relates to an individual’s criminal convictions/offences.
Data processing: Any operation or set of operations performed on personal data or on sets of personal data. This includes manual and automated means, such as collection, recording, organising, structuring, storing, adapting/altering, retrieving, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data.
Data Protection Principles
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
a) processing will be fair, lawful and transparent;
b) data will only be collected for specific, explicit, and legitimate purposes;
c) data collected will be adequate, relevant and limited to what is necessary for the purposes of processing;
d) data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay;
e) data is not kept for longer than is necessary for its given purpose;
f) data will be processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisational measures;
g) we will comply with the relevant GDPR procedures for the international transferring of personal data.
Types of Data Held
We keep several categories of personal data for our employees in order to carry out effective and efficient processes. We keep this data in personnel files relating to each employee and we hold the data within our computer system, for example our holiday booking system.
Specifically, we hold the following types of data:
a) personal details such as name, address, phone numbers;
b) information gathered via our recruitment process such as that entered into a CV or included in a CV cover letter, references from former employers, details of education, qualifications and employment history, etc;
c) details relating to pay administration such as National Insurance number, bank account details and tax codes;
d) medical and health information;
e) information relating to your employment with us, including:
i) job title and job descriptions;
iii) wider terms and conditions of employment;
iv) details of formal and informal proceedings such as letters of concern, disciplinary and grievance proceedings, annual leave records, appraisal and performance information;
v) internal and external training modules undertaken
All of the above information is required for our processing activities, more information on those processing activities are included in our privacy notice for employees.
In order to protect the personal data that we collect, process and store, all employees within our business who must process data as part of their role have been made aware of our policy for GDPR. We have appointed key employees who hold the responsibility of reviewing and auditing our data protection systems to ensure that they are accurate and up-to-date.
Lawful Bases of Processing
We acknowledge that processing may be only be carried out where there is a lawful basis for processing, as such we have assigned a lawful basis against each processing activity. Where no lawful basis applies, we may seek to rely on the employee’s consent in order to process data. However, we recognise the high standard attached to its use and we understand that consent must be freely given, specific, informed and unambiguous.
Where consent is to be sought, we will do so on a specific and individual basis where appropriate. Employees will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.
Access to Data
As stated above, employees have a right to access the personal data that we hold on them. To exercise this right, employees should make a Subject Access Request. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required.
Those who make a request will be kept fully informed of any decision to extend the time limit. No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request. In these circumstances, a reasonable charge will be applied. Further information on making a subject access request is contained in our Subject Access Request Policy.
The Company may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include:
a) any employee benefits operated by third parties;
b) disabled individuals - whether any reasonable adjustments are required to assist them at work;
c) individuals’ health data - to comply with health and safety or occupational health obligations towards the employee;
d) for Statutory Sick Pay purposes;
e) HR management and administration - to consider how an individual’s health affects his or her ability to do their job;
f) the smooth operation of any employee insurance policies or pension plans;
g) to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders or to assess or collect any tax or duty. These kinds of disclosures will only be made when strictly necessary for the purpose.
All our employees are aware that hard copy personal information should be kept in a locked filing cabinet, drawer, or safe. Employees are aware of their roles and responsibilities when their role involves the processing of data. All employees are instructed to store files or written information of a confidential nature in a secure manner so that are only accessed by people who have a need and a right to access them and to ensure that screen locks are implemented on all PCs, laptops, etc when unattended.
No files or written information of a confidential nature is to be left where it can be read by unauthorised people. Where data is computerised, it should be coded, encrypted or password protected both on a local hard drive and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.
Employees must always use the passwords provided to access the computer system and not abuse them by passing them on to people who should not have them. Personal data relating to employees should not be kept or transported on laptops, USB sticks, or similar devices, unless prior authorisation has been received.
Where personal data is recorded on any such device it should be protected by:
a) ensuring that data is recorded on such devices only where absolutely necessary;
b) using an encrypted system - a folder should be created to store the files that need extra protection and all files created or moved to this folder should be automatically encrypted;
c) ensuring that laptops or USB drives are not left where they can be stolen.
Failure to follow the Company’s rules on data security may be dealt with via the Company’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.
Third Party Processing
Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Lantern Gates and Barriers commitment to protecting data.
International Data Transfers
Lantern Gates and Barriers does not transfer personal data to any recipients outside of the EEA.
Requirement to Notify Breaches
All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach. More information on breach notification is available in our Breach Notification Policy.
Lantern Gates and Barriers keeps records of its processing activities including the purpose for the processing and retention periods in its HR Data Record. These records will be kept up to date so that they reflect current processing activities.
Data Protection Compliance
Our appointed compliance officer in respect of our data protection activities is:
Name: The Directors
Office telephone: 0330 383 0031