Annex – legal bases for processing personal data
All organisations that process are required to comply with data protection legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data Protection Regulation (together the ‘Data Protection Laws’). The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over their whilst imposing certain obligations on the organisations that process their data.
As a recruitment business the Company collects and processes both and . It is required to do so to comply with other legislation. It is also required to keep this data for different periods depending on the nature of the data.
This policy sets out how the Company implements the Data Protection Laws. It should be read in conjunction with the Data Protection Procedure.
In this policy the following terms have the following meanings:
means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the of persona data relating to him or her;
means an individual or organisation which, alone or jointly with others, determines the purposes and means of the of ;
means an individual or organisation which processes on behalf of the ;
* means any information relating to an individual who can be identified, such as by 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.
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, ;
means any operation or set of operations performed on , such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
means any form of automated of consisting of the use of to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
means the of in such a manner that the can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the are not attributed to an identified or identifiable individual;
* means revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.
* For the purposes of this policy we use the term ‘’ to include ‘ ’ except where we specifically need to refer to .
The Company processes in relation to its own staff, work-seekers and individual client contacts and is a for the purposes of the Data Protection Laws. The Company has registered with the ICO and its registration number is
The Company may hold on individuals for the following purposes:
The Data Protection Laws require the Company acting as either or to process data in accordance with the principles of data protection. These require that is:
The Company will only process where it has a legal basis for doing so (see Annex A). Where the Company does not have a legal reason for any processing will be a breach of the Data Protection Laws
The Company will review the it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.
Before transferring to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support)), the Company will establish that it has a legal reason for making the transfer.
The Company has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all activities. This includes implementing measures such as:
The Company shall provide any information relating to data to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. The Company may provide this information orally if requested to do so by the individual.
Where the Company collects from the individual, the Company will give the individual a privacy notice at the time when it first obtains the .
Where the Company collects other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the , but at the latest within one month. If the Company intends to disclose the to a third party then the privacy notice will be issued when the are first disclosed (if not issued sooner).
Where the Company intends to further process the for a purpose other than that for which the data was initially collected, the Company will give the individual information on that other purpose and any relevant further information before it does the further .
The individual is entitled to access their on request from the .
The individual or another at the individual’s request, has the right to ask the Company to rectify any inaccurate or incomplete concerning an individual.
If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the they hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual or another at the individual’s request, has the right to ask the Company to erase an individual’s
If the Company receives a request to erase it will ask the individual if s/he wants his to be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). The Company cannot keep a record of individuals whose data it has erased so the individual may be contacted again by the Company should the Company come into possession of the individual’s at a later date.
If the Company has made the data public, it shall take reasonable steps to inform other and the to erase the , taking into account available technology and the cost of implementation.
If the Company has given the to any third parties it will tell those third parties that it has received a request to erase the , unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the they hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual or a at the individual’s request, has the right to ask the Company to restrict its of an individual’s where:
If the Company has given the to any third parties it will tell those third parties that it has received a request to restrict the , unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the they hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual shall have the right to receive concerning him or her, which he or she has provided to the Company, in a structured, commonly used and machine-readable format and have the right to transmit those data to another in circumstances where:
Where feasible, the Company will send the to a named third party on the individual’s request.
The individual has the right to object to their being processed based on a public interest or a legitimate interest. The individual will also be able to object to the of their data based on a public interest or a legitimate interest.
The Company shall cease unless it has compelling legitimate grounds to continue to process the which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
The individual has the right to object to their for direct marketing.
All requests regarding individual rights should be sent to the person whose details are listed in the Appendix.
The Company shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. The Company may extend this period for two further months where necessary, taking into account the complexity and the number of requests.
Where the Company considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature the Company may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
The Company will not subject individuals to decisions based on automated that produce a legal effect or a similarly significant effect on the individual, except where the automated decision:
The Company will not carry out any automated decision-making or using the of a child.
All data breaches should be referred to the persons whose details are listed in the Appendix.
Where the Company establishes that a has taken place, the Company will take steps to contain and recover the breach. Where a is likely to result in a risk to the rights and freedoms of any individual the Company will notify the ICO.
Where the happens outside the UK, the Company shall alert the relevant for data breaches in the effected jurisdiction.
The Company will alert the relevant as to the as soon as they are aware of the breach.
Where the Company has identified a resulting in a high risk to the rights and freedoms of any individual, the Company shall tell all affected individuals without undue delay.
The Company will not be required to tell individuals about the where:
All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with these should be respected at all times:
If you have a complaint or suggestion about the Company’s handling of then please contact the person whose details are listed in the Appendix to this policy.