1. Introduction

 

This policy sets out the obligations of GRENKE Leasing Limited (UK) (the ‘Business’) regarding data protection and the rights of customers (‘data subjects’) in respect of their personal data under the UK General Data Protection Regulation (UK GDPR), which sits alongside the Data Protection Act 2018 (DPA 2018). We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to services we offer to individuals and our wider operations in the European Economic Area (EEA). Together, the UK GDPR and EU GDPR and referred to as ‘GDPR’.

 

The GDPR defines personal data as any information relating to an identified or identifiable natural person (a ‘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.

 

This policy sets out the Business’s obligations regarding the collection, processing, transfer, storage and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Business, its employees, agents, contractors or other parties working on behalf of the Business.

 

The Business is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy and trust of all individuals with whom it deals.

 

 

2. Officers and Responsibility

 

This policy is the responsibility of Robin Spurr who is the Data Protection Officer, supported by the Directors and The Strategic Partner Ltd (External Advisors).

 

All staff are expected to be aware of this policy and to apply its requirements.

 

 

3. The Data Protection Principles

 

This policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

• Processed lawfully, fairly and in a transparent manner in relation to the data subject.
• Collected for specified, explicit and legitimate purposes, and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
• Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
• Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
• Kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to the implementation of the appropriate technical and organisational measures required by the UK GDPR in order to safeguard the rights and freedoms of the data subject.
• Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

 

 

4. The Rights of Data Subjects

 

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):

• the right to be informed (Clause 13 (Keeping Data Subjects Informed)).

• the right of access (Clause 14 (Data Subject Access Requests)).

• the right to rectification (Clause 15 (Retification of Personal Data)).

• the right to erasure (also known as the ‘right to be forgotten’) (Clause 16 (Erasure Of Personal Data)).

• the right to restrict processing (Clause 17 (Restriction Of Personal Data Processing)).

• the right to data portability (Clause 18 (Data Portability)).

• the right to object (Clause 19 (Objections To Personal Data Processing)).

 

rights with respect to automated decision-making and profiling (Clauses 20 (Personal Data Collected, Held, and Processed) and 21 (Data Security – Transferring Personal Data and Communications)).

 

 

5. Lawful, Fair and Transparent Data Processing

 

The GDPR seeks to ensure that personal data is processed lawfully, fairly and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:

• The data subject has given consent to the processing of their personal data for one or more specific purposes.
• The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them.
• The processing is necessary for compliance with a legal obligation to which the data controller is subject.
• The processing is necessary to protect the vital interests of the data subject or of another natural person.
• The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
• The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

 

If the personal data in question is special category data (also known as ‘sensitive personal data’) (for example, data concerning the subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life or sexual orientation), at least one of the following conditions must be met:

• The data subject has given their explicit consent to the processing of such data for one or more specified purposes.
• The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law.
• The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
• The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects.
• The processing relates to personal data, which is clearly made public by the data subject.
• The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity.
• The processing is necessary for substantial public interest reasons, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.
• The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the UK GDPR.
• The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy).
• The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the UK GDPR which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject. 

 

 

6. Specified, Explicit and Legitimate Purposes

 

The Business collects and processes the personal data set out in Clause 20 (Personal Data Collected, Held, and Processed) of this policy. This includes:

• Personal data collected directly from data subjects, and
• Personal data obtained from third parties.

 

The Business only collects, processes and holds personal data for the specific purposes set out in Clause 20 (Personal Data Collected, Held, and Processed) of this policy (or for other purposes expressly permitted by the GDPR).

 

Data subjects are kept informed at all times of the purpose or purposes for which the Business uses their personal data. Please refer to Clause 12 (Data Protection Impact Assessments) for more information on keeping data subjects informed.

 

 

7. Adequate, Relevant and Limited Data Processing

 

The Business will only collect and process personal data to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Clause 5 (Lawful, Fair and Transparent Data Processing), above, and as set out in Clause 19 (Objections To Personal Data Processing), below.

 

 

8. Accuracy of Data and Keeping Data up to Date

 

The Business shall ensure that all personal data collected, processed and held by it is kept accurate and up to date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Clause 15 (Rectification Of Personal Data), below.

 

The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out of date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

 

 

9. Data Retention

 

The Business shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

 

When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

 

For full details of the Business’s approach to data retention, including retention periods for specific personal data types held by the Business, please refer to our Data Retention Policy.

 

 

10. Secure Processing

 

The Business shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the technical and organisational measures which shall be taken are provided in Clauses 22 (Data Security – Storage) to 26 (Organisational Measures) of this policy.

 

 

11. Accountability and Record Keeping

 

The Business’s Data Protection Officer is Robin Spurr who can be contacted via [email protected].

 

The Data Protection Officer shall be responsible for overseeing the implementation of this policy and for monitoring compliance with this policy, the Business’s other data protection-related policies, and with the UK GDPR and other applicable data protection legislation.

 

The Business shall keep written internal records of all personal data collection, holding and processing, which shall incorporate the following information:

• The name and details of the Business, its Data Protection Officer, and any applicable third-party data processors.
• The purposes for which the Business collects, holds, and processes personal data.
• Details of the categories of personal data collected, held, and processed by the Business, and the categories of data subject to which that personal data relates.
• Details of any transfers of personal data to non-UK countries including all mechanisms and security safeguards.
• Details of how long personal data will be retained by the Business (please refer to the Business’s Data Retention Policy).
• Detailed descriptions of all technical and organisational measures taken by the Business to ensure the security of personal data.

 

 

12. Data Protection Impact Assessments 

 

The Business shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data. 

 

Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

• the type(s) of personal data that will be collected, held and processed.
• the purpose(s) for which personal data is to be used.
• the Business’s objectives.
• how personal data is to be used.
• the parties (internal and/or external) who are to be consulted.
• the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed.
• risks posed to data subjects.
• risks posed both within and to the Business.
• proposed measures to minimise and handle identified risks.

 

 

13. Keeping Data Subjects Informed

 

The Business shall provide the information set out to every data subject:

• Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection.

• Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:

  • if the personal data is used to communicate with the data subject, when the first communication is made.

  • if the personal data is to be transferred to another party before that transfer is made.

  • as soon as reasonably possible and in any event, not more than one month after the personal data is obtained.

 

The following information shall be provided:

• Details of the Business including, but not limited to, the identity of its Data Protection Officer.
• The purpose(s) for which the personal data is being collected and will be processed (as detailed in Clause 20 (Personal Data Collected, Held, and Processed) of this policy) and the legal basis justifying that collection and processing.
• Where applicable, the legitimate interests upon which the Business is justifying its collection and processing of the personal data.
• Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed.
• Where the personal data is to be transferred to one or more third parties, details of those parties.
• Where the personal data is to be transferred to a third party that is located outside the UK, details of that transfer, including but not limited to the safeguards in place (see Clause 27 (Transferring Personal Data to a Country Outside the UK) of this policy for further details).
• Details of data retention.
• Details of the data subject’s rights under the GDPR.
• Details of the data subject’s right to withdraw their consent to the Business’s processing of their personal data at any time.
• Details of the data subject’s right to complain to the Information Commissioner’s Office (the supervisory authority under the GDPR).
• Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it.
• Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.

 

 

14. Data Subject Access Request

 

Data subjects may make Subject Access Requests (‘SARs’) at any time to find out more about the personal data which the Business holds about them, what it is doing with that personal data, and why.

 

Data subjects wishing to make a SAR may do so in writing, using the Business’s Subject Access Request Form – see Appendix 1 (to be found at the bottom of this page), or other written communication. SARs should be addressed to the Business’s Data Protection Officer by emailing [email protected].

 

Responses to SARs shall normally be made within one month of receipt. However, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

 

All SARs received shall be handled by the Business’s Data Protection Officer.

 

The Business does not charge a fee for the handling of normal SARs. The Business reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

 

 

15. Retification of Personal Data

 

Data subjects have the right to require the Business to rectify any of their personal data that is inaccurate or incomplete.

 

The Business shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Business of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

 

If any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

 

 

16. Erasure of Personal Data

 

Data subjects have the right to request that the Business erases the personal data it holds about them in the following circumstances:

• It is no longer necessary for the Business to hold that personal data with respect to the purpose(s) for which it was originally collected or processed.
• The data subject wishes to withdraw their consent to the Business holding and processing their personal data.
• The data subject objects to the Business holding and processing their personal data (and there is no overriding legitimate interest to allow the Business to continue doing so) (see Clause 19 (Objections to Personal Data Processing) of this policy for further details concerning the right to object).
• The personal data has been processed unlawfully.
• The personal data needs to be erased in order for the Business to comply with a particular legal obligation.

 

Unless the Business has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

 

If any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

 

 

17. Restriction of Personal Data Processing

 

Data subjects may request that the Business ceases processing the personal data it holds about them. If a data subject makes such a request, the Business shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

 

In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

 

 

18. Data Portability

 

The data subject shall have the right to receive personal data concerning them, which they provided to the Business, in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller without hindrance from the Business.

 

This right only applies to data which is held electronically, and that the data subject has provided directly to the Business.

 

For the purpose of accessing data held by the Business for data portability purposes, the data subject is entitled to data which has been provided to the Business:

• actively and knowingly by the data subject.

• via observed data whereby the data subject indirectly provides data when using a service or device which provides personal data on the data subject.

 

In exercising the data subject’s right to data portability, the data subject shall have the right to have the personal data transmitted directly, where technically feasible, from the Business:

• to another data controller into their system or database.

• to the data subject directly into their system or database.

 

Exercising the right to data portability does not automatically lead to the erasure of the concerned data and the Business may still hold the data pursuant to Clause 19 (Objections to Personal Data Processing).

 

A data portability request should be formally requested to the Business’s Data Protection Officer.

 

Any request which is considered manifestly unfounded or excessive can be declined or a reasonable fee charged to deal with the request.

 

This right shall not adversely affect the rights and freedoms of others.

 

 

19. Objections to Personal Data Processing

 

Data subjects have the right to object to the Business processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.

 

Where a data subject objects to the Business processing their personal data based on its legitimate interests, the Business shall cease such processing immediately, unless it can be demonstrated that the Business’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

 

Where a data subject objects to the Business processing their personal data for direct marketing purposes, the Business shall cease such processing immediately.

 

 

20. Personal Data Collected, Held, and Processed

 

The following personal data is collected, held, and processed by the Business (for details of data retention, please refer to the Business’s Data Retention Policy):

21. Data Security - Transferring Personal Data and Communications

 

The Business shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

• all emails containing personal data must be marked confidential.
• personal data may be transmitted over secure networks only. Transmission over unsecured networks is not permitted in any circumstances.
• personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable.
• where personal data is to be transferred in hardcopy form it should be passed directly to the recipient.
• all personal data to be transferred physically, whether in hardcopy form or on removable electronic media, shall be transferred in a suitable container marked confidential.

 

 

22. Data Security - Storage 

 

The Business shall ensure that the following measures are taken with respect to the storage of personal data:

• all electronic copies of personal data should be stored securely using passwords and data encryption.
• all hard copies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar.
• all personal data stored electronically should be backed up daily with backups stored offsite. All backups should be encrypted.
• no personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Business or otherwise and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary.
• no personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Business where the party in question has agreed to comply fully with the letter and spirit of this policy and of the UK GDPR (which may include demonstrating to the Business that all suitable technical and organisational measures have been taken).

 

 

23. Data Security - Disposal

 

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Business’s Data Retention Policy.

 

 

24. Data Security - Use of Personal Data

 

The Business shall ensure that the following measures are taken with respect to the use of personal data:

• no personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Business requires access to any personal data that they do not already have access to, such access should be formally requested for the Business’s Data Protection Officer by email.
• no personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Business or not, without the authorisation of the Business’s Data Protection Officer by email.
• personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time.
• if personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer screen before leaving it.
• where personal data held by the Business is used for marketing purposes, it shall be the responsibility of the person providing the information to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

 

 

25. Data Security - IT Security

 

The Business shall ensure that the following measures are taken with respect to IT and information security:

• All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols.

• Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Business, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords.

• All software (including, but not limited to, applications and operating systems) shall be kept up to date. The Business’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so.

• No software may be installed on any Business-owned computer or device without the prior approval of the Business’s Data Protection Officer.

 

 

26. Organisational Measures

 

The Business shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

• All employees, agents, contractors, or other parties working on behalf of the Business shall be made fully aware of both their individual responsibilities and the Business’s responsibilities under the GDPR and under this policy and shall be provided with a copy of this policy.
• Only employees, agents, sub-contractors, or other parties working on behalf of the Business that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Business.
• All employees, agents, contractors, or other parties working on behalf of the Business handling personal data will be appropriately trained to do so.
• All employees, agents, contractors, or other parties working on behalf of the Business handling personal data will be appropriately supervised.
• All employees, agents, contractors, or other parties working on behalf of the Business handling personal data shall be required and encouraged to exercise care, caution and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise.
• Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed.
• All personal data held by the Business shall be reviewed periodically, as set out in the Business’s Data Retention Policy.
• The performance of those employees, agents, contractors, or other parties working on behalf of the Business handling personal data shall be regularly evaluated and reviewed.
• All employees, agents, contractors, or other parties working on behalf of the Business handling personal data will be bound to do so in accordance with the principles of the UK GDPR and this policy by contract.
• All agents, contractors, or other parties working on behalf of the Business handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Business arising out of this policy and the UK GDPR.
• Where any agent, contractor or other party working on behalf of the Business handling personal data fails in their obligations under this policy that party shall indemnify and hold harmless the Business against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

 

 

27. Transferring Personal Data to a Country Outside the UK 

 

The Business may from time-to-time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the UK.

 

The transfer of personal data to a country outside of the UK shall take place only if one or more of the following applies:

• The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the UK has determined ensures an adequate level of protection for personal data.
• The transfer is to a country (or international organisation) that provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the UK; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority.
• The transfer is made with the informed consent of the relevant data subject(s).
• The transfer is necessary for the performance of a contract between the data subject and the Business (or for pre-contractual steps taken at the request of the data subject).
• The transfer is necessary for important public interest reasons.
• The transfer is necessary for the conduct of legal claims.
• The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent.
• The transfer is made from a register that, under UK law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

 

 

28. Call Recording

 

The Business does make use of Call Recording in the Sales team for verbal delivery checks.

 

At the commencement of the conversation the recipient of the call will be advised that: “the call is recorded for training and monitoring purposes and that the call may be used as evidence of a pre delivery check”.

 

This statement may be updated if regulations change, or the method of call recording is updated.

 

Call recordings are stored with the Data Subjects file and held in accordance with the Businesses Data Retention Policy.

 

 

29. Use of Personal Email or Personal Storage Devices

 

Under no circumstances is a member of staff permitted or authorised to send or cc any email relating to a customer to a personal email address or copy/save any customer documents to a personal storage device including cloud accounts.

 

 

30. Data Breach Notification

 

All personal data breaches must be reported immediately to the Business’s Data Protection Officer.

 

If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

 

In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described in the previous paragraph) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

 

Data breach notifications shall include the following information:

• The categories and the approximate number of data subjects concerned.
• The categories and the approximate number of personal data records concerned.
• The name and contact details of the Business’s Data Protection Officer (or other contact point where more information can be obtained).
• The likely consequences of the breach.
• Details of the measures taken or proposed to be taken, by the Business to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

 

 

31.  Reporting to the Information Commissioner's Office (ICO)

 

It is the responsibility of the Data Protection Officer to make a decision on whether a sate breach is reportable to the ICO. To decide on whether a report to the ICO is necessary, which must usually occur within 72 hours of the breach being discovered, the Data Protection Officer will need to consider the following questions:

• Has there been a personal data breach? A personal data breach (PDB) can be broadly defined as a security incident that has affected the confidentiality, integrity, or availability of personal data.
• Does the breach involve the personal data of living individuals?
• Following the assessment, is there likely to be a high risk to individuals’ rights and freedoms?

 

The answers to these questions will dictate whether a report to the ICO is necessary.

 

 

32. Version Control and Updates

 

This policy is reviewed annually and updated as necessary.

 

In the event of any statute or regulation changes, this policy will be brought up to date at that point in time and all the policies affected will also be updated.

 

A printed version of this policy should be considered obsolete.