GDPR Data Protection Policy
Michelle Ley Photography is committed to protecting therights and freedoms of data subjects and safely and securely processing theirdata in accordance with all our legal obligations.We hold personal data about our employees, clients,suppliers and other individuals for a variety of business purposes.This policy sets out how we seek to protect personal dataand ensure that our staff understand the rules governing their use of the personaldata to which they have access in the course of their work. In particular, thispolicy requires staff to ensure that the Data Protection Officer (DPO) beconsulted before any significant new data processing activity is initiated toensure that relevant compliance steps are addressed.
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and business development purposes.
Business purposes include the following:
- Compliance with our legal, regulatory and corporate governance obligations and good practice
- Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests
- Ensuring business policies are adhered to (such as policies covering email and internet use)
- Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking
- Investigating complaints
- Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments
- Monitoring staff conduct, disciplinary matters
- Marketing our business
- Improving services
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as 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 we gather may include: individuals' phone number, email address, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.
Special categories of personal data
Special categories of data include information about an individual's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy.
‘Data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
This is the national body responsible for data protection. The supervisory authority for Michelle Ley Photography is [the Information Commissioners Office].
This policy applies to all staff,who must be familiar with this policy and comply with its terms.
This policy supplements ourother policies relating to internet and email use. We may supplement or amendthis policy by additional policies and guidelines from time to time. Any new ormodified policy will be circulated to staff before being adopted.
Who is responsible for this policy?
As our data protection officer(DPO), Michelle Ley Photography has overall responsibility for the day-to-dayimplementation of this policy. You should contact the DPO for furtherinformation about this policy if necessary.
Michelle Ley Photography
Michelle Ley Photography shallcomply with the principles of data protection (the Principles) enumerated inthe EU General Data Protection Regulation. We will make every effort possiblein everything we do to comply with these principles. The Principles are:
1. Lawful, fair andtransparent
Data collection must be fair,for a legal purpose and we must be open and transparent as to how the data willbe used.
2. Limited for its purpose
Data can only be collected for aspecific purpose.
3. Data minimisation
Any data collected must benecessary and not excessive for its purpose.
The data we hold must beaccurate and kept up to date.
We cannot store data longer thannecessary.
6. Integrity andconfidentiality
The data we hold must be keptsafe and secure.
Accountability and transparency
We must ensure accountability and transparency in all ouruse of personal data. We must show how we comply with each Principle. You areresponsible for keeping a written record of how all the data processingactivities you are responsible for comply with each of the Principles. Thismust be kept up to date and must be approved by the DPO.
To comply with data protection laws and the accountabilityand transparency Principle of GDPR, we must demonstrate compliance. You areresponsible for understanding your particular responsibilities to ensure wemeet the following data protection obligations:
· Fully implement all appropriate technical andorganisational measures
· Maintain up to date and relevant documentation on allprocessing activities
· Conducting Data Protection Impact Assessments
· Implement measures to ensure privacy by design anddefault, including:
o Allowingindividuals to monitor processing
o Creatingand improving security and enhanced privacy procedures on an ongoing basis
Fair and lawful processing
We must process personal data fairly and lawfullyin accordance with individuals’ rights under the first Principle. Thisgenerally means that we should not process personal data unless the individual whose details weare processing has consented to this happening.
If we cannot apply a lawful basis (explainedbelow), our processing does not conform to the first principle and will beunlawful. Data subjects have the right to have any data unlawfully processederased
Controlling vs. processing data
Michelle Ley Photography is classified as a data controller . We must maintainour appropriate registration with the Information Commissioners Office in orderto continue lawfully controlling data.
Lawful basis for processing data
We must establish a lawful basis for processing data. Ensure that any data youare responsible for managing has a written lawful basis approved by the DPO. Itis your responsibility to check the lawful basis for any data you are workingwith and ensure all of your actions comply the lawful basis. At least one ofthe following conditions must apply whenever we process personal data:
We hold recent, clear, explicit, and defined consent forthe individual’s data to be processed for a specific purpose.
The processingis necessary to fulfil or prepare a contract for the individual.
3. Legal obligation
We have a legal obligation to process the data (excludinga contract).
4. Vital interests
Processing thedata is necessary to protect a person’s life or in a medical situation.
5. Public function
Processing necessary to carry out a publicfunction, a task of public interest or the function has a clear basis in law.
6. Legitimate interest
The processing is necessary for our legitimateinterests. This condition does not apply if there is a good reason to protectthe individual’s personal data which overrides the legitimate interest.
Decidingwhich condition to rely on
If you are making an assessment of the lawfulbasis, you must first establish that the processing is necessary. This meansthe processing must be a targeted, appropriate way of achieving the statedpurpose. You cannot rely on a lawful basis if you can reasonable achieve thesame purpose by some other means.
Remember that more than one basis may apply, andyou should rely on what will best fit the purpose, not what is easiest.
Consider the following factors and document youranswers:
· What is the purpose forprocessing the data?
· Can it reasonably be done ina different way?
· Is there a choice as towhether or not to process the data?
· Who does the processingbenefit?
· After selecting the lawfulbasis, is this the same as the lawful basis the data subject would expect?
· What is the impact of theprocessing on the individual?
· Are you in a position ofpower over them?
· Are they a vulnerable person?
· Would they be likely toobject to the processing?
· Are you able to stop theprocessing at any time on request, and have you factored in how to do this?
Our commitment to the first Principle requires usto document this process and show that we have considered which lawful basisbest applies to each processing purpose, and fully justify these decisions.
We must also ensure that individuals whose data isbeing processed by us are informed of the lawful basis for processing theirdata, as well as the intended purpose. This should occur via a privacy notice.This applies whether we have collected the data directly from the individual,or from another source.
If you are responsible for making an assessment ofthe lawful basis and implementing the privacy notice for the processingactivity, you must have this approved by the DPO.
Special categories of personal data
What are specialcategories of personal data?
Previously known as sensitive personal data, thismeans data about an individual which is more sensitive, so requires moreprotection. This type of data could create more significant risks to a person’sfundamental rights and freedoms, for example by putting them at risk ofunlawful discrimination. The special categories include information about anindividual’s:
· ethnic origin
· trade union membership
· biometrics (where used for ID purposes)
· sexual orientation
In most cases where we process special categoriesof personal data we will require the data subject's explicit consent to do this unlessexceptional circumstances apply or we are required to do this by law (e.g. tocomply with legal obligations to ensure health and safety at work). Any suchconsent will need to clearly identify what the relevant data is, why it isbeing processed and to whom it will be disclosed.
The condition for processing special categories ofpersonal data must comply with the law. If we do not have a lawful basis forprocessing special categories of data that processing activity must cease.
· Analysing and documenting thetype of personal data we hold
· Checking procedures to ensurethey cover all the rights of the individual
· Identify the lawful basis forprocessing data
· Ensuring consent proceduresare lawful
· Implementing and reviewingprocedures to detect, report and investigate personal data breaches
· Store data in safe and secureways
· Assess the risk that could beposed to individual rights and freedoms should data be compromised
· Fully understand your dataprotection obligations
· Check that any dataprocessing activities you are dealing with comply with our policy and arejustified
· Do not use data in anyunlawful way
· Do not store dataincorrectly, be careless with it or otherwise cause us to breach dataprotection laws and our policies through your actions
· Comply with this policy atall times
· Raise any concerns, notifyany breaches or errors, and report anything suspicious or contradictory to thispolicy or our legal obligations without delay
Responsibilities of the DataProtection Officer
· Keeping the board updatedabout data protection responsibilities, risks and issues
· Reviewing all data protectionprocedures and policies on a regular basis
· Arranging data protectiontraining and advice for all staff members and those included in this policy
· Answering questions on dataprotection from staff, board members and other stakeholders
· Responding to individualssuch as clients and employees who wish to know which data is being held on themby us
· Checking and approving withthird parties that handle the company’s data any contracts or agreement regardingdata processing
Responsibilities of the ITManager
· Ensure all systems, services,software and equipment meet acceptable security standards
· Checking and scanningsecurity hardware and software regularly to ensure it is functioning properly
· Researching third-partyservices, such as cloud services the company is considering using to store orprocess data
Responsibilities of theMarketing Manager
· Approving data protectionstatements attached to emails and other marketing copy
· Addressing data protectionqueries from clients, target audiences or media outlets
· Coordinating with the DPO toensure all marketing initiatives adhere to data protection laws and thecompany’s Data Protection Policy
Accuracy and relevance
We will ensure that any personal data we process isaccurate, adequate, relevant and not excessive, given the purpose for which itwas obtained. We will not process personal data obtained for one purpose forany unconnected purpose unless the individual concerned has agreed to this orwould otherwise reasonably expect this.
Individuals may ask that we correct inaccuratepersonal data relating to them. If you believe that information is inaccurateyou should record the fact that the accuracy of the information is disputed andinform the DPO.
You must keep personal data secure against loss ormisuse. Where other organisations process personal data as a service on ourbehalf, the DPO will establish what, if any, additional specific data security arrangementsneed to be implemented in contracts with those third party organisations.
· In cases when data is storedon printed paper, it should be kept in a secure place where unauthorisedpersonnel cannot access it
· Printed data should beshredded when it is no longer needed
· Data stored on a computershould be protected by strong passwords that are changed regularly. Weencourage all staff to use a password manager tocreate and store their passwords.
· Data stored on CDs or memorysticks must be encrypted or password protected and locked away securely whenthey are not being used
· The DPO must approve anycloud used to store data
· Servers containing personaldata must be kept in a secure location, away from general office space
· Data should be regularlybacked up in line with the company’s backup procedures
· Data should never be saveddirectly to mobile devices such as laptops, tablets or smartphones
· All servers containingsensitive data must be approved and protected by security software
· All possible technicalmeasures must be put in place to keep data secure
We must retain personal data forno longer than is necessary. What is necessary will depend on the circumstancesof each case, taking into account the reasons that the personal data wasobtained, but should be determined in a manner consistent with our dataretention guidelines.
Transferring data internationally
There are restrictions oninternational transfers of personal data. You must not transfer personal dataabroad, or anywhere else outside of normal rules and procedures without expresspermission from the DPO.
Rights of individuals
Individuals have rights to theirdata which we must respect and comply with to the best of our ability. We mustensure individuals can exercise their rights in the following ways:
1. Right to be informed
· Providingprivacy notices which are concise, transparent, intelligible and easilyaccessible, free of charge, that are written in clear and plain language,particularly if aimed at children.
· Keepinga record of how we use personal data to demonstrate compliance with the needfor accountability and transparency.
2. Right of access
· Enablingindividuals to access their personal data and supplementary information
· Allowingindividuals to be aware of and verify the lawfulness of the processing activities
3. Right to rectification
· Wemust rectify or amend the personal data of the individual if requested becauseit is inaccurate or incomplete.
· Thismust be done without delay, and no later than one month. This can be extendedto two months with permission from the DPO.
4. Right to erasure
· Wemust delete or remove an individual’s data if requested and there is nocompelling reason for its continued processing.
5. Right to restrictprocessing
· Wemust comply with any request to restrict, block, or otherwise suppress theprocessing of personal data.
· Weare permitted to store personal data if it has been restricted, but not processit further. We must retain enough data to ensure the right to restriction isrespected in the future.
6. Right to data portability
· Wemust provide individuals with their data so that they can reuse it for theirown purposes or across different services.
· Wemust provide it in a commonly used, machine-readable format, and send itdirectly to another controller if requested.
7. Right to object
· Wemust respect the right of an individual to object to data processing based onlegitimate interest or the performance of a public interest task.
· Wemust respect the right of an individual to object to direct marketing,including profiling.
· Wemust respect the right of an individual to object to processing their data forscientific and historical research and statistics.
8. Rights in relation toautomated decision making and profiling
· Wemust respect the rights of individuals in relation to automated decision makingand profiling.
· Individualsretain their right to object to such automated processing, have the rationaleexplained to them, and request human intervention.
When to supply aprivacy notice
A privacy notice must be supplied at the time the data isobtained if obtained directly from the data subject. If the data is notobtained directly from the data subject, the privacy notice must be providedwithin a reasonable period of having obtained the data, which mean within onemonth.
If the data is being used to communicate with theindividual, then the privacy notice must be supplied at the latest when thefirst communication takes place.
If disclosure to another recipient is envisaged, then theprivacy notice must be supplied prior to the data being disclosed.
What to include in aprivacy notice
Privacy notices must be concise,transparent, intelligible and easily accessible. They are provided free ofcharge and must be written in clear and plain language, particularly if aimedat children
The following information must be included in a privacynotice to all data subjects:
· Identificationand contact information of the data controller and the data protection officer
· Thepurpose of processing the data and the lawful basis for doing so
· Thelegitimate interests of the controller or third party, if applicable
· Theright to withdraw consent at any time, if applicable
· Thecategory of the personal data (only for data not obtained directly from thedata subject)
· Anyrecipient or categories of recipients of the personal data
· Detailedinformation of any transfers to third countries and safeguards in place
· Theretention period of the data or the criteria used to determine the retentionperiod, including details for the data disposal after the retention period
· Theright to lodge a complaint with the ICO, and internal complaint procedures
· Thesource of the personal data, and whether it came from publicly availablesources (only for data not obtained directly from the data subject)
· Anyexistence of automated decision making, including profiling and informationabout how those decisions are made, their significances and consequences to thedata subject
· Whetherthe provision of personal data is part of a statutory of contractualrequirement or obligation and possible consequences for any failure to providethe data (only for data obtained directly from the data subject)
Subject Access Requests
Whatis a subject access request?
An individual has the right to receive confirmationthat their data is being processed, access to their personal data andsupplementary information which means the information which should be providedin a privacy notice.
Howwe deal with subject access requests
We must provide an individual with a copy of theinformation the request, free of charge. This must occur without delay, andwithin one month of receipt. We endeavour to provide data subjects access totheir information in commonly used electronic formats, and where possible,provide direct access to the information through a remote accessed securesystem.
If complying with the request is complex ornumerous, the deadline can be extended by two months, but the individual mustbe informed within one month. You must obtain approval from the DPO beforeextending the deadline.
We can refuse to respond to certain requests, andcan, in circumstances of the request being manifestly unfounded or excessive,charge a fee. If the request is for a large quantity of data, we can requestthe individual specify the information they are requesting. This can only bedone with express permission from the DPO.
Once a subject access request has been made, youmust not change or amend any of the data that has been requested. Doing so is acriminal offence.
We must provide the data requested in a structured,commonly used and machine-readable format. This would normally be a CSV file,although other formats are acceptable. We must provide this data either to theindividual who has requested it, or to the data controller they have requestedit be sent to. This must be done free of charge and without delay, and no laterthan one month. This can be extended to two months for complex or numerousrequests, but the individual must be informed of the extension within one monthand you must receive express permission from the DPO first.
Right to erasure
Whatis the right to erasure?
Individuals have a right to have their data erased and forprocessing to cease in the following circumstances:
· Wherethe personal data is no longer necessary in relation to the purpose for whichit was originally collected and / or processed
· Whereconsent is withdrawn
· Wherethe individual objects to processing and there is no overriding legitimateinterest for continuing the processing
· Thepersonal data was unlawfully processed or otherwise breached data protectionlaws
· Tocomply with a legal obligation
· Theprocessing relates to a child
How we deal with the right to erasure
We can only refuse to comply with a right to erasure in thefollowing circumstances:
· Toexercise the right of freedom of expression and information
· Tocomply with a legal obligation for the performance of a public interest task orexercise of official authority
· Forpublic health purposes in the public interest
· Forarchiving purposes in the public interest, scientific research, historicalresearch or statistical purposes
· Theexercise or defence of legal claims
If personal data that needs to be erased has been passed onto other parties orrecipients, they must be contacted and informed of their obligation to erasethe data. If the individual asks, we must inform them of those recipients.
The right to object
Individuals have the right to object to their data beingused on grounds relating to their particular situation. We must ceaseprocessing unless:
· Wehave legitimate grounds for processing which override the interests, rights andfreedoms of the individual.
· Theprocessing relates to the establishment, exercise or defence of legal claims.
We must always inform the individual of their right toobject at the first point of communication, i.e. in the privacy notice. We mustoffer a way for individuals to object online.
The right to restrictautomated profiling or decision making
We may only carry out automated profiling or decision makingthat has a legal or similarly significant effect on an individual in thefollowing circumstances:
· Itis necessary for the entry into or performance of a contract.
· Basedon the individual’s explicit consent.
· Otherwiseauthorised by law.
In these circumstances, we must:
· Giveindividuals detailed information about the automated processing.
· Offersimple ways for them to request human intervention or challenge any decisionabout them.
· Carryout regular checks and user testing to ensure our systems are working asintended.
Usingthird party controllers and processors
As a data controller , we must have writtencontracts in place with any third party [data controllers (and/or) dataprocessors] that we use. The contract must contain specific clauses which setout our and their liabilities, obligations and responsibilities.
As a data controller, we must only appointprocessors who can provide sufficient guarantees under GDPR and that the rightsof data subjects will be respected and protected.
Our contracts must comply with the standards setout by the ICO and, where possible, follow the standard contractual clauseswhich are available. Our contracts with [data controllers (and/or) dataprocessors] must set out the subject matter and duration of the processing, thenature and stated purpose of the processing activities, the types of personaldata and categories of data subject, and the obligations and rights of thecontroller.
At a minimum, our contracts must include terms thatspecify:
· Actingonly on written instructions
· Thoseinvolved in processing the data are subject to a duty of confidence
· Appropriatemeasures will be taken to ensure the security of the processing
· Sub-processorswill only be engaged with the prior consent of the controller and under awritten contract
· Thecontroller will assist the processor in dealing with subject access requestsand allowing data subjects to exercise their rights under GDPR
· Theprocessor will assist the controller in meeting its GDPR obligations inrelation to the security of processing, notification of data breaches andimplementation of Data Protection Impact Assessments
· Deleteor return all personal data at the end of the contract
· Submitto regular audits and inspections, and provide whatever information necessaryfor the controller and processor to meet their legal obligations.
· Nothingwill be done by either the controller or processor to infringe on GDPR.
Criminal offence dataCriminal record checks
Any criminal record checks are justified by law.Criminal record checks cannot be undertaken based solely on the consent of the subject.We cannot keep a comprehensive register of criminal offence data. All datarelating to criminal offences is considered to be a special category ofpersonal data and must be treated as such. You must have approval from the DPOprior to carrying out a criminal record check.
Audits, monitoring and training
Regular data audits to manageand mitigate risks will inform the data register. This contains information onwhat data is held, where it is stored, how it is used, who is responsible andany further regulations or retention timescales that may be relevant. You mustconduct a regular data audit as defined by the DPO and normal procedures.
Everyone must observe thispolicy. The DPO has overall responsibility for this policy. Michelle Ley Photography willkeep this policy under review and amend or change it as required. You mustnotify the DPO of any breaches of this policy. You must comply with this policyfully and at all times.
You will receive adequate training on GDPR and provisions of data protection law specific for yourrole. You must complete all training as requested. If you move role orresponsibilities, you are responsible for requesting new data protectiontraining relevant to your new role or responsibilities.
If you require additionaltraining on data protection matters, contact the DPO.
Any breach of this policy or of dataprotection laws must be reported as soon as practically possible. This means assoon as you have become aware of a breach. Michelle Ley Photography has a legalobligation to report any data breaches within 72 hours.
All members of staff have anobligation to report actual or potential data protection compliance failures.This allows us to:
· Investigatethe failure and take remedial steps if necessary
· Maintaina register of compliance failures
Any member of staff who failsto notify of a breach, or is found to have known or suspected a breach hasoccurred but has not followed the correct reporting procedures will be liableto disciplinary action.
Please refer to our [name ofreporting system] for our reporting procedure.
Failure to comply
We take compliance with this policy very seriously. Failure to comply puts both youand the organisation at risk.
The importance of this policy means that failure tocomply with any requirement may lead to disciplinary action under ourprocedures which may result in dismissal.
If you have any questions or concerns aboutanything in this policy, do not hesitate to contact the DPO.