13 Mount Stuart Square
Data Security Policy
Illustrate Digital Ltd (Illustrate Digital) is legally obliged to comply with the provisions of the General Data Protection Regulation 2018 (the Act). Illustrate Digital is registered under the Act with the Information Commissioner’s Office (ICO) and the registration number is ZA530758.
Illustrate Digital needs to process certain information about its employees and clients. In so doing, Illustrate Digital is obliged to comply with the provisions of the General Data Protection Regulation 2018.
The Act imposes restrictions on how Illustrate Digital may ‘process’ personal data. This term covers the collection, recording, retrieval, consultation, use and disclosure of data.
Illustrate Digital’s designated Data Protection Coordinator is Scott Jones, Managing Director. It is the Data Protection Coordinator’s responsibility to deal with day-to-day Data Protection matters and to encourage good information handling practice within the Company.
The Act gives to members of staff and clients the right of access (with very limited exemptions) to any personal/client company data that Illustrate Digital may hold about them. It also places an obligation Illustrate Digital to respond to such requests within a set time. For this reason, all formal access requests by staff and client companies must be directed through Illustrate Digital’s Data Protection Coordinator.
Illustrate Digital, all staff and any others who process personal/client company information on behalf of Illustrate Digital, must ensure that they comply with the principles of the Act and with the provisions laid out in the Act, relating to Staff Guidelines.
Principles of Data Protection
Anyone processing data must comply with the eight enforceable principles of good practice. These say that data must be:
- Fairly and lawfully processed.
- Processed for limited purposes.
- Adequate, relevant and not excessive.
- Not kept longer than necessary.
- Processed in accordance with the Data Subject’s rights.
- Not transferred to countries without adequate protection.
Status of the Policy
This policy has been approved by Illustrate Digital’s Management Team. Any breach will be taken seriously, and may result in disciplinary action.
This policy does not form part of the formal contract of employment, but it is a condition of employment that employees will abide by the rules and policies made by Illustrate Digital. Any failure to follow the policy can therefore result in disciplinary proceedings.
Contractors to Illustrate Digital and all other visitors to the company will also be expected to comply with this policy insofar as they come into contact with personal data through Illustrate Digital.
Personnel that consider that the policy has not been followed in respect of personal/client company data should raise the matter with Illustrate Digital’s Data Protection Coordinator.
The Company’s Responsibilities
Illustrate Digital is committed to protecting the right of individuals to privacy with respect to the processing of their personal data.
Under the terms of the Data Protection Act, Illustrate Digital is the Data Controller and ultimate responsibility for compliance with the Act lies with the Managing Director.
All Managers and Supervisors have a responsibility to ensure good information handling practice amongst all members of Illustrate Digital.
Right of Access
Personnel of the Company and other parties that deal with or have access to Illustrate Digital have the right to access data held about them by the Company, whether in manual or electronic format.
Any individual/client company wishing to exercise this right should approach Illustrate Digital’s Data Protection Coordinator.
Fair and Lawful
The intention of the Act is not to prevent data processing, but to ensure that it is done fairly and without adverse effect on the individual/client company the data relates to. The Data Subject (a member of staff or client company) should be informed of:
- Who the Data Controller is (in this case, Illustrate Digital).
- Who the Data Controller’s representative is (in this case, the Data Protection Coordinator (Scott Jones, Managing Director).
- The purpose or purposes for which the data are to be processed.
- To whom the data may be disclosed.
Data processing may only take place if specific conditions have been met. These include the Data Subjects’ consenting or the processing being necessary for the legitimate interests of the Data Controller. When it comes to processing sensitive personal data (data relating to ethnicity, political opinion, religion, trade union membership, health, sexuality or criminal record of the data subject) additional conditions must be met. In most cases this will require explicit (i.e. written) consent from the individual concerned.
Personal data processing must be in accordance with the purposes notified by Illustrate Digital to the Data Protection Commissioner. Illustrate Digital cannot therefore gather information for one declared purpose, and then use it for another. If any ‘new processing’ is to take place the Data Protection Coordinator must be consulted.
Adequate, Accurate, Timely
The fact that electronic information is readily available does not mean that it can be treated casually. Nor can it be gathered and held because it might be useful at some point in the future, or simply because the software allows it. The requirement that personal data should not be kept longer than is necessary means that a policy should be in place for the disposal of the data once it has reached the end of its life – there can be no holding on to data simply because it is easier to do so than to ensure its disposal.
Rights of the Data Subject
The data must also be treated with regard to the Data Subject’s rights, such as the right to have inaccurate data amended. A Data Subject has the right to request access to any data held within Illustrate Digital’s systems. Consequently, Illustrate Digital must make provision to ensure that that data is retrievable from its systems.
Appropriate security measures must be taken against unlawful or unauthorised processing (including unauthorised viewing) of personal data and against accidental loss of or damage to, personal data. A Data Subject may apply to the Courts for compensation if they have suffered damage from such a loss. The Act puts Illustrate Digital under an obligation to have in place policies, procedures and technologies to maintain the security of all personal data from collection to destruction. This covers not only the storage, but also the transmission of personal data (including email).
Transfer of Personal Data
Personal data must not be transferred to a country outside the European Economic Area unless specific exemptions apply (e.g. if the Data Subject has given consent.) This includes the publication of personal data on the internet.
‘Data’ Means Information:
- Stored in a form capable of being processed by computer (such as word-processed documents, spreadsheets and databases).
- Recorded in any form for later processing (such as registration forms, CCTV pictures).
- Stored as part of a ‘relevant filing system’. Note that this definition is very broad and covers such things as card indexes and microfiche files as well as traditional paper-based files. It would be as well to assume that any paper-based data falls under the Act.
Personal data are defined as data which relate to a living individual who can be identified:
- From those data; or
- From those data and other information in the possession of (or likely to come into the possession of) the Data Controller.
- Includes any expression of opinion about the individual and any indications of the intentions of the Data Controller or any other person in respect of that individual.
The Information Commissioner accepts that this definition is ‘not without difficulty’. It would always be safest to assume that data is personal rather than not.
Sensitive Personal Data
The 2018 Act distinguishes between ordinary “personal data” such as name, address and telephone number and “sensitive personal data” which includes information relating to racial or ethnic origin, political opinions, religious beliefs, trade union membership, health, sex life and criminal convictions.
Under the Act the processing of sensitive personal data is subject to much stricter conditions.
A Data Subject is any living person who is the subject of personal data.
Data Subject Access
This is the right of an individual to see personal data relating to him or her which is held by a Data Controller.
A ‘Data Controller’ is any organisation or person who makes decisions with regard to particular personal data, including decisions about the purposes for which the data is to be processed and the way in which that processing takes place. Illustrate Digital is the Data Controller, but any member of staff may also be a Data Controller if they make decisions about personal data and its processing.
Processing covers almost anything you can do with data, and includes acquiring, recording, consulting, retrieving, and making the data available to others.
For further information, please contact:
Illustrate Digital Ltd
13 Mount Stuart Square
Tel: (02921) 961661
Email: [email protected]
This policy has been approved & authorised by: