DATA PROTECTION (GDPR) POLICY
New Policy: May 2018 Review Date: May 2019
Purpose
Red Kitchens. is committed through this policy to being transparent about how it collects and uses the personal data of its employees, students, applicants, clients, suppliers, contractors, visitors and associates to meeting its data protection obligations. This policy sets out the company’s’ commitment to data protection, and individual rights and obligations in relation to personal data.
Red Kitchens. has appointed Alfred Briggs, Development Manager, as the person with responsibility for data protection compliance within the company. Questions about this policy, or requests for further information, should be emailed to alfiebriggs@alwood.co.uk. The policy will also be displayed on the Red Kitchens website.
Definitions
Personal data is any information that relates to an 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 mean 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 biometric data.
Criminal records data means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.
Data protection principles Red Kitchens processes personal data in accordance with the following data protection principles:
- Red Kitchens processes personal data lawfully, fairly and in a transparent manner.
- Red Kitchens collects personal data only for specified, explicit and legitimate purposes.
- Red Kitchens processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
- Red Kitchens keeps accurate personal data and takes reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
- Red Kitchens keeps personal data only for the period necessary for processing.
- Red Kitchens adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
Red Kitchens will inform individuals how their personal data is processed and the legal basis for doing so. Where Red Kitchens processes special categories of personal data or criminal records data to perform its legal obligations, i.e. safeguarding or to exercise rights in employment law, this is done in accordance with its policies such as Safeguarding, Recruitment and Equality and Diversity for the processing of such special category data and criminal records data.
Red Kitchens will update personal data promptly if an individual advises that his/her information has changed or is inaccurate.
Red Kitchens keeps a record of its processing activities in respect of personal data in accordance with the requirements of the General Data Protection Regulation (GDPR) which is updated on an annual basis.
Our use of the information you supply is governed by our registration under the 1998 Data Protection Act and will be securely held.
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, Red Kitchens will tell him / her:
- whether or not her / his 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 his / her data is or may be disclosed, and the safeguards that apply to such transfers;
- for how long his / her personal data is stored (or how that period is decided);
- his / her rights to rectification or erasure of data, or to restrict or object to processing;
- her / his right to complain to the Information Commissioner if he / she thinks Red Kitchens has failed to comply with his / her data protection rights; and
- whether or not Red Kitchens carries out automated decision-making and the logic involved in any such decision-making.
Red Kitchens 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 unless he / she agrees otherwise.
To make a subject access request, the individual should request in writing send the request to the Alfie Briggs, 1 Shaerf Drive, Lurgan, BT66 8DD. In some cases, Red Kitchens may need to ask for proof of identification before the request can be processed. Red Kitchens will inform the individual if it needs to verify his / her identity and the documents it requires.
Red Kitchens will normally respond to a request within a period of one month from the date it is received. In some cases, such as where Red Kitchens processes large amounts of the individual’s data, it may respond within three months of the date the request is received. Red Kitchens will write to the individual within one month of receiving the original request to tell him / her if this is the case.
If a subject access request is manifestly unfounded or excessive, Red Kitchens is not obliged to comply with it. Alternatively, Red Kitchens 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 or excessive where it repeats a request to which Red Kitchens has already responded. If an individual submits a request that is unfounded or excessive, Red Kitchens will notify him / her 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 Red Kitchens 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 Red Kitchens legitimate grounds for processing data (where Red Kitchens relies on its legitimate interests as a reason for processing data);
- stop processing or erase data if processing is unlawful; and
- 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 Red Kitchens legitimate grounds for processing data. To ask Red Kitchens to take any of these steps, the individual should send the request to Alfie Briggs, 1 Shaerf Drive, Lurgan, BT66 8DD
Data security
Red Kitchens takes the security of personal data seriously. Red Kitchens 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 in the proper performance of their duties. Please refer to Red Kitchens Data Security Policy.
Where Red Kitchens engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data. As such, Red Kitchens will request such companies to provide their GDPR Policy which will be checked and held.
Impact assessments
Some of the processing that Red Kitchens carries out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms, Red Kitchens will carry out a data protection impact assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.
Data breaches
If Red Kitchens 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. Red Kitchens 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
Red Kitchens will not transfer personal data to countries outside the European Economic Area (EAA).
Individual responsibilities
Individuals are responsible for helping Red Kitchens keep their personal data up to date. Individuals should inform the relevant department, i.e. Accounts if data provided to Red Kitchens changes, for example if an individual move to a new house or changes his / her bank details.
Red Kitchens Employees may have access to the personal data of individuals in the course of their employment. Where this is the case, Red Kitchens relies on its employees to help meet data protection obligations.
Any non Red Kitchens Employee processing personnel data, such as volunteers or work experience personnel for example, will be required to sign a confidentiality agreement prior to processing.
Employees and those under a confidentiality agreement 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 Red Kitchens) 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 or that can be used to access personal data, from Red Kitchens premises 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 only access and process data on personal devices on a secure network and through the company’s own internal infrastructure. Further details about Red Kitchens security procedures can be found in its Data Security Policy. Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under Red Kitchens disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or learner data without authorisation or a legitimate reason to do so, may constitute gross misconduct as listed within the companies’ disciplinary procedure and could lead to dismissal without notice.
Training
Red Kitchens will ensure all new staff are inform on the principles of GDPR compliance within their induction supplemented by additional training completed within four weeks of start.
Records of this training is stored within the employees personnel file. All existing staff at the point of the policy introduction will receive compliance training prior to the 31st May 2018 to help them understand their duties and how to comply with them regardless of whether they have regular access to personal data, are responsible for implementing this policy, or responding to subject access requests under this policy.
Queries
Should anyone required additional information relating to Data Processing, then they can submit their query to Alfie Briggs, 1 Shaerf Drive, Lurgan, BT66 8DD.