Introduction
Purpose
Active Black Country Limited is committed to being transparent about how it collects and uses the personal data of its employees, stakeholders, partners, clients and contractors, and to meeting its data protection obligations. This policy sets out Active Black Country Limited's commitment to data protection, and individual rights and obligations in relation to personal data. This policy applies to the personal data of job applicants, employees, former employees, the personal data of stakeholders, partners, clients and contractors and any other personal data processed for business purposes. Active Black Country Limited has appointed Michael Salmon as its lead for data protection and privacy notices. Michael Salmon’s role is to inform and advise Active Black Country Limited on its data protection obligations. Michael Salmon can be contacted via email on enquiries@activeblackcountry.co.uk.
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 genetic and biometric data (for the purpose of uniquely identifying a person)..
"Criminal records data" means information about an individual's criminal convictions and offences, and information relating to criminal allegations and proceedings.
Data Protection Principles
Active Black Country Limited processes personal data in accordance with the following data protection principles:
• Active Black Country Limited processes personal data lawfully, fairly and in a transparent manner.
• Active Black Country Limited collects personal data only for specified, explicit and legitimate purposes.
• Active Black Country Limited processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
• Active Black Country Limited keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
• Active Black Country Limited keeps personal data only for the period necessary for processing.
• Active Black Country Limited adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
Active Black Country Limited tells employees, stakeholders, partners, clients and contractors 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. If Active Black Country Limited wants to start processing data for other reasons, individuals will be informed of this before any processing begins.
Data will not be shared with third parties, except as set out in the privacy notices. Where Active Black Country Limited 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.
Where Active Black Country Limited processes special categories of personal data or criminal records data to perform obligations, to exercise rights in employment law, or for reasons of substantial public interest, this is done in accordance with the appropriate legislation regarding processing specialist categories of data and criminal records data.
Active Black Country Limited will update personal data promptly if an individual advises that their information has changed or is inaccurate.
Personal data gathered during the employment relationship is held in hard copy and electronic format. The periods for which Active Black Country Limited holds personal data are contained in its privacy notices to individuals.
Active Black Country Limited keeps a record of its processing activities in respect of personal data in accordance with the requirements of the UK General Data Protection Regulation (UK GDPR).
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, Active Black Country Limited will tell them:
• Whether or not their 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 their data is or may be disclosed, including to recipients located outside the UK and the safeguards that apply to such transfers.
• For how long their personal data is stored (or how that period is decided).
• Their rights to rectification or erasure of data, or to restrict or object to processing.
• Their right to complain to the Information Commissioner if they think Active Black Country Limited has failed to comply with their data protection rights.
• Whether or not Active Black Country Limited carries out automated decision-making and the logic involved in any such decision-making.
Active Black Country Limited 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.
There will not normally be an associated charge for the completion of a subject access request, unless the request is deemed excessive or additional copies are requested. Any charges by Active Black Country Limited will be based on the administrative cost to Active Black Country Limited.
To make a subject access request, please contact Michael Salmon via email enquiries@activeblackcountry.co.uk, in writing by using the contact details provided above. If you believe that Active Black Country Limited has not complied with your data protection rights, you can complain to the Information Commissioner.
In some cases, Active Black Country Limited may need to ask for proof of identification before the request can be processed. Active Black Country Limited will inform the individual if it needs to verify their identity and the documents it requires.
Active Black Country Limited 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 request is complex, it may respond within three months of the date the request is received. Active Black Country Limited will write to the individual within one month of receiving the original request to tell them if this is the case.
If a subject access request is manifestly unfounded or excessive, Active Black Country Limited is not obliged to comply with it. Alternatively, Active Black Country Limited 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 if it is made with the intention of harassing Active Black Country Limited or causing disruption, or excessive where it repeats a request to which Active Black Country Limited has already responded. If an individual submits a request that is unfounded or excessive, Active Black Country Limited will notify them 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 Active Black Country Limited 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 Active Black Country Limited's legitimate grounds for processing data (where Active Black Country Limited relies on its legitimate interests as a reason for processing data).
• Stop processing or erase data if processing is unlawful.
• 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 Active Black Country Limited's legitimate grounds for processing data.
To ask Active Black Country Limited to take any of these steps, the individual should send the request to enquiries@activeblackcountry.co.uk.
Data Security
Active Black Country Limited takes the security of personal data seriously. Active Black Country Limited 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, stakeholders, partners, clients and contractors in the proper performance of their duties. Active Black Country Limited utilises an internal policy detailing the actions to be taken by the Active Black Country Limited [data protection lead or Data Protection Officer when a data breach is suspected.
Where Active Black Country Limited engages third parties to process personal data on its behalf, such parties do so on the basis that the party are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
Active Black Country Limited adopts procedures designed to maintain the security of data when it is stored and transported.
In addition, employees and contractors must:
• Ensure that all files or written information of a confidential nature are stored in a secure manner and are only accessed by people who have a need and a right to access them.
• Ensure that all files or written information of a confidential nature are not left where they can be read by unauthorised people.
• Check regularly on the accuracy of data being entered into computers.
• Employees are to ensure their installed antivirus software is fully installed and up-to-date at all times.
• Contractors will provide proof of their current anti-virus software to Active Black Country Limited [data protection lead or Data Protection Officer] .
• Always use the passwords provided to access assigned Active Black Country Limited computer systems and email system and not abuse passwords by providing them to people who are not authorised to have them.
• Ensure they maintain Security Software up-to-date.
• Use computer screen blanking to ensure that personal data is not left on screen when not in use.
• Ensure employees, stakeholders, partners, clients and contractors are provided with information in a secure and confidential manner.
Personal data relating to employees, stakeholders, partners, clients and contractors should not be kept or transported on laptops, USB sticks, or similar devices, unless there is a clear business need to do so. Where personal data is recorded on any such device it should be protected by:
• Ensuring that data is recorded on such devices only where absolutely necessary.
• Using an encrypted system or password protected document(s) — 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 or password protected.
• Ensuring that laptops or USB drives are not left unsupervised in public areas where they can be lost or stolen.
Failure to follow these rules on data security may be dealt with via Active Black Country Limited’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.
Data Breaches
If Active Black Country Limited 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. Active Black Country Limited 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
Active Black Country Limited does not routinely undertake international data transfers. On a case-by-case basis, and in the unlikely event of that the need to transfer employee, stakeholder, partner, client or contractor data internationally arises, the passing of any data will be completed observing strict confidentiality and data protection standards and only with the explicit consent of the employee, stakeholder, partner, client or contractor or their legal representative being obtained in advance. Any authorised international data transfer will be compliant with Chapter 5, Article 45, UK GDPR.
Individual Responsibilities
Individuals are responsible for helping Active Black Country Limited keep their personal data up to date. Individuals should let Active Black Country Limited know if data provided to Active Black Country Limited changes, for example if an individual moves house or changes bank details.
Individuals may have access to the personal data of other individuals and of our stakeholders, partners, clients and contractors in the course of their employment. Where this is the case, Active Black Country Limited relies on individuals to help meet its data protection obligations to stakeholders, partners, clients and contractors.
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 Active Black Country Limited) 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 it or that can be used to access personal data, 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.
• To report data breaches of which they become aware to Michael Salmon, Active Black Country Limited data protection lead, immediately.
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under Active Black Country Limited'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
Active Black Country Limited 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.
Active Black Country Limited
Active Black Country Limited’s data protection lead is Michael Salmon. They can be contacted at Active Black Country Limited via enquiries@activeblackcountry.co.uk
Ian Carey
Chief Executive
Active Black Country Limited
