Data Protection/GDPR Policy
Code are required to gather and use information about individuals. This can include learners, clients, employees, and other people the organisation has a relationship with or may need to contact.
This policy describes how this personal data must be collected, handled, and stored to meet the company’s data protection standards, legislation and to comply with GDPR.
This data protection/GDPR policy ensures that Code:
• Complies with data protection law and follows good practice;
• Protects the rights of learners, clients, employees;
• Is transparent about how it stores and processes individuals’ data;
• Protects itself from the risks of a data breach;
1.2 Data Protection Law
The Data Protection Act 2018 describes how organisations – including Code – must collect, handle, and store personal information.
These rules apply regardless of whether data is stored electronically, on paper or on other materials. To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
The Data Protection Act is underpinned by important principles. These state that personal data must:
• Be processed fairly and lawfully;
• Be obtained only for specific, lawful purposes;
• Be adequate, relevant and not excessive;
• Be accurate and kept up to date;
• Not be held for any longer than necessary;
• Processed in accordance with the rights of data subjects;
• Be protected in appropriate ways;
• Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection;
People, Risk and Responsibilities
This policy applies to:
• Code Data Controllers: in this instance Code determines the purpose and means of how personal data is processed. GDPR places further obligations on controllers to ensure contracts with processors comply with the GDPR
• Code Data processors: as processor Code are responsible for processing personal data on behalf of a controller. As a processor GDPR places specific legal obligations on the company; for example, we are required to maintain records of personal data and processing activities. Code/the individual processor will have legal liability if responsible for a breach.
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 2018.
This can include:
• Names of individuals
• Postal addresses
• Email addresses
• Telephone numbers
• Medical needs
• Learning needs and
• Any other information relating to individuals
Data Protection Risks
This policy helps to protect Code from data security risks, including:
• Breaches of confidentiality; information being given out inappropriately
• Failing to offer choice; all individuals should be free to choose how the company uses data relating to them
• Reputational damage; the company could suffer if hackers successfully gained access to sensitive data
Everyone who works for or with Code has responsibility for ensuring data is collected, stored, and handled appropriately.
Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.
However, these people have key areas of responsibility:
The CEO is ultimately responsible for ensuring that Code meets is legal obligations.
The nominated Data Protection Officer –Amanda Charman, is responsible for:
• Keeping the company updated about data protection responsibilities, risks and issues
• Reviewing all data protection procedures and related policies, in line with legislation
• Arrange data protection training and advice to the people covered by this policy
• Handling data protection questions from staff and anyone else covered by this policy
• Dealing with subject access requests from individuals
• Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data
• Addressing any data protection breaches and dealing with them following the appropriate process
• The only people able to access data covered by this policy should be those who need it to carry out a specific process only
• Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers
• Code will provide training to all employees to help them understand their responsibilities when handling data.
• Employees should keep all data secure, by taking sensible precautions and following the guidelines below
• Passwords should be applied to personal data and only shared with those authorised to access the data
• Personal data should not be disclosed to unauthorised people, whether within the company or externally
• Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of
• Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection.
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the data controller. Data stores must be documented within a data flow map.
• When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it
• The guidelines also apply to data that is usually stored electronically but has been printed out for some reason. When not required, the paper or files should be kept in a locked drawer or filing cabinet
• Employees should make sure paper and printouts are not left where unauthorised people could see them, e.g. on a printer
• Data printouts should be shredded and disposed of securely when no longer required.
• When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts
• Data should be protected by strong passwords that are changed regularly and never shared between employees
• If data is stored on removable media (like a CD, DVD, or memory stick), these should be kept locked away securely when not being used
• Data should only be stored on designated drives and servers and should only be uploaded to an approved cloud computing service
• Servers containing personal data should be sited in a secure location, away from general office space.
• Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures
• Data should never be saved directly to laptops or other mobile devices like tablets or smart phones
• All servers and computers containing data should be protected by approved security software and firewall
Personal data is of no value to Code unless the business requires the information for a certain process. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft.
When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
Personal data should not be shared informally. It should never be sent by email, as this form of communication is not secure unless the document is encrypted with a password.
Data must be encrypted before being transferred electronically. The DPO can explain how to send data to authorised external contacts.
Personal data should never be transferred outside of the European Economic Area.
Employees should limit copies of personal data being saved to their own computers. The central copy of data will be managed and updated by the responsible staff member.
The law requires Code to take reasonable steps to ensure data is kept accurate and up to date. The more important it is that the personal data is accurate, the greater the effort Code should put into ensuring its accuracy.
• It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible
• Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets
• Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they make a booking
• Code will make it easy for data subjects to update the information Code holds about them. For instance, when starting a new course
• Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database
In addition, GDPR provides the following rights for individuals:
The right to be informed what data Code hold on behalf of an individual
The right of access to the data held
The right to rectification; data held must be accurate and corrected in a case of inaccuracy
The right to erasure; individuals can ask for their data to be erased providing it is not within the agreed retention period
The right to restrict processing; individuals can restrict their data from being processed at any time
The right to data portability; data can be transferred securely to another controller
The right to object to data being processed
Rights in relation to automated decision making (deciding solely by automated means without any human involvement) and profiling (automated processing of personal data to evaluate certain things about an individual).
Lawful Basis for Processing Information
Information can only be processed providing there is a lawful basis. When processing an individual’s personal information staff must consider the lawful basis for doing so. Lawful basis must be documented within the data flow map.
There are 6 lawful basis:
• Consent; the individual has given written consent to process the data for certain processes;
• Contract; there is a signed contract in place outlining the data processing agreement;
• Legal Obligation; this is required by law to do so;
• Vital Interest; the data is required to be processed and consent may not be possible e.g. medical information may need to be accessed where an individual is unable to communicate consent;
• Public Task; is it required under the local authority;
• Legitimate Interest;
Subject Access Requests
As above, individuals who are the subject of personal data held by Code have individual rights.
If an individual contacts the company requesting this information, this is called a subject access request and must be responded to within 14 days.
Subject access requests from individuals should be made by email, addressed to the data controller at firstname.lastname@example.org. The data controller can supply a standard request form, although individuals do not have to use this.
The subject access request will be provided free of charge providing the information requested is not excessive. The data controller will aim to provide the relevant data within 14 days.
The data controller will always verify the identity of anyone making a subject access request before handing over any information.
Disclosing Data for Other Reasons
In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, Code will disclose the requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the company’s legal advisers where necessary.
Code aims to ensure that individuals are aware that their data is being processed, and that they understand:
• How the data is being used
• How to exercise their rights
To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.
This is available on request. A version of this statement is also available on the company’s application form.
Breach of Personal Data
The GDPR introduced a duty to report certain types of personal data breach to the relevant supervisory authority. In the instance of a data breach, Code must notify the ICO within 72 hours of becoming aware of the breach, where feasible.
If the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms, we must also inform those individuals without undue delay.
Code have a robust breach detection, investigation and internal reporting procedure in place in case of any data breach. This will facilitate decision-making about whether the company need to notify the relevant supervisory authority and the affected individuals.
Data breaches will be recorded regardless of whether this is required to be reported to the ICO or individual.
Code recommends anyone involved in processing/controlling personal information within the company should visit the ICO’s website and become familiar with the GDPR legislation.
1. Failure to comply with Data Protection Policy/GDPR
All employees and consultants must ensure they abide by this policy. Failure to do so will result in an investigation and may lead to disciplinary proceedings. Code take Data protection very seriously and are committed to ensuring we remain compliant with current legislation and regulation to protect individuals’ personal information