Purpose

Ramco Pipetech Holdings Ltd and its subsidiary companies is committed to conducting its business with all applicable Data Protection legislation including but not limited to General Data Protection Regulation (GDPR).  This means being transparent about how it collects and uses the personal data of its workforce. This policy sets out the company’s commitment to data protection, and individual rights and obligations in relation to personal data.

This policy applies to the use of personal data of job applicants, employees, workers, contractors, volunteers, work experience students, apprentices and former employees, referred to as HR-related personal data. This policy does not apply to the personal data of clients or other personal data processed for business purposes.

The company has appointed the CEO, as the person with responsibility for data protection compliance within the company. Questions about this policy, or requests for further information, should be directed to the CEO.

Definitions

‘Personal data’ is any information relating to an identified or identifiable natural person (‘data subject’).  An individual who can be identified directly or indirectly from that information.  From an HR perspective this could relate to HR files, shift patterns, location data, etc.

‘Data subjects’ are the identified people.

‘Processing’ is carrying out any operation or set of operations performed on personal data, whether it is automatic or note.  For example, collecting, viewing, using, accessing, sending, storing, amending, sharing, disclosing or deleting it. These are all acts of processing.

‘A data controller’ is someone who is in control of the data and dictates how/why it is used.

‘A data processor’ is someone who carries out processing on behalf of a data controller, for example the Company appoints a third-party payroll provider, this company is the data controller and the payroll provider is the data processor,

‘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 biometric data.  Within previous legislation, this was referred to as sensitive information.

‘Criminal records data’ means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.

Data protection principles

The Company processes HR-related personal data in accordance with the following data protection principles:

·       The company processes personal data lawfully, fairly and in a transparent manner. This means, the Company will tell the Data Subject what processing will occur (transparency),  the processing must match the description given to the Data  Subject (fairness), and it must be for one of the purposes specified  in the applicable Data Protection regulations (lawfulness) – see next section.

·       The company collects personal data only for specified, explicit and legitimate purposes. This means data will not be processed in a manner that is incompatible   with those purposes. The Company will specify exactly what the Personal Data collected will be used for and limit the processing of that Personal Data to only what is necessary to meet the specified purpose

·       The company processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.  This means the Company will not store any Personal Data beyond what is strictly required.

·       The company keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay. This means the Company will have in place processes for identifying and addressing out-of-date, incorrect and redundant Personal Data.

·       The company keeps personal data only for the period necessary for processing. This means the Company will, wherever possible, store Personal Data in a way that limits or prevents identification of the Data Subject.

·       The company adopts appropriate measures to make sure that personal data is secure and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage. This means the Company will use appropriate technical and organisational measures to ensure the integrity and confidentiality of Personal Data is maintained at all times.

The Company will tell individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. The Company will not process personal data of individuals for other reasons.

Where the company processes special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with the rules set out later within this policy.

The company will update HR-related 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 the individual’s personnel file (in hard copy or electronic format, or both), and on HR systems. The periods for which the company holds HR-related personal data are contained in its privacy notices to individuals.

The company keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).

Lawful processing

The legal basis for processing personal data will be identified and documented prior to the data being processed.  Under the GDPR, data will be lawfully processed under the following conditions:

·       The consent of the data subject has been obtained

·       Compliance with a legal obligation, for example passing payment details to HMRC to enable them to calculate PAYE deductions

·       For the purposes of legitimate interests of a controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.  For example the use of CCTV to ensure staff are safe.

·       The performance of a task carried out in the public interest or in the exercise of official authority vested in the controller 

·       Protecting the vital interests of a data subject or another person, for example sharing medical information with a paramedic who is dealing with a medical emergency on site.

Sensitive data and criminal records

 Sensitive personal data is classified as information that discloses an individual’s:

·       Racial or ethnic origins

·       Political opinions

·       Religious or similar beliefs

·       Trade union membership or non-membership

·       Physical or mental health or condition

·       Sex life or sexual orientation

·       Criminal or alleged criminal activities or criminal proceedings

·       Criminal convictions or any sentences imposed by the courts.

In order to process sensitive personal data the Company must ensure that, along with the general principles set out above, the individual has given explicit consent to the processing.  Where consent is required an individual will be:

·       Clearly told what personal data is involved

·       Properly informed of the use that will be made of it

·       Able to give a positive indication of agreement and this consent must be freely given.

Individual rights

As a data subject, individuals have a number of rights in relation to their personal data.

Subject Access Request (SAR)

Individuals have the right to make a subject access request. If an individual makes a SAR, the Company will tell you:

·       Whether or not your 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 who your data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers

·       For how long your personal data is stored (or how that period is decided)

·       Your to correct or erase the data, or to restrict or object to processing

·       Your right to complain to the Information Commissioner if you believe the company has failed to comply with your data protection rights

·       Whether or not the company carries out automated decision-making and the logic involved in any such decision-making.

The company will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form. If the individual wants additional copies, the company may charge a fee, which will be advised in advance.  Any costs will be based on the administrative cost to the Company of providing the additional copies.

To make a subject access request, the individual should complete the SAR request form. In some cases, the Company may need to ask for proof of identification before the request can be processed. The Company will inform the individual if it needs to verify his/her identity and the documents it requires.

The Company 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 Company processes large amounts of data, it may respond within three months of the date the request is received. The individual will be informed of this extension, and will receive an explanation of why the extension is necessary, within one month of the receipt of the request. 

If a SAR is manifestly unfounded or excessive, the Company is not obliged to comply with it. Alternatively, the company can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A SAR is likely to be manifestly unfounded or excessive where it repeats a request to which the Company has already responded or where the SAR is not being made in order ‘to be aware of and verify, the lawfulness of the processing’. If an individual submits a request that is unfounded or excessive, the Company will notify him/her that this is the case.

Other rights

Individuals have a number of other rights in relation to their personal data. Individuals can require the Company to:

·       Rectify inaccurate data ie; have mistakes corrected. Individuals are entitled to have any inaccurate or incomplete personal data rectified.  Where the personal data in question has been disclosed to third parties, the Company will inform them of the rectification where possible.  Where appropriate, the Company will inform the individual about the third parties that the data has been disclosed to.  Requests for rectification will be responded to within one month but this will be extended by two months where the request for rectification is complex.  Where no action is being taken in response to a request for rectification, the Company will explain the reason for this to the individual, and will inform them of their right to complain

·       Stop processing or erase data that is no longer necessary for the purposes of processing OR where individual interests override the Company’s legitimate grounds for processing data OR if processing is unlawful. In the event that processing is restricted, the Company will store the personal data, but not further process it, guaranteeing that just enough information about the individual has been retained to ensure that the restriction is respected in future

To ask the company to take any of these steps, the individual should send their request, clearly requesting what the individual wishes the Company to do, to their line manager. 

Data security

The company takes the security of HR-related personal data seriously. The company 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.

Where the company 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 company measures to ensure the security of data.

Data Protection Impact assessments (DPIA)

Some of the processing that the Company carries out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms and to ensure that all data protection requirements are identified and addressed, the Company will carry out a DPIA 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.  A DPIA may be carried out when reviewing or expanding existing systems or processes, or when a new system is being considered.

Data breaches

If the company discovers that there has been a breach of HR-related 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. The company 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

The company will not transfer HR-related personal data to countries outside the EEA.

Individual responsibilities

Individuals are responsible for helping the Company keep their personal data up to date. Individuals should let the Company know if data provided to the Company changes, for example if an individual moves house or change their bank details.

Individuals may have access to the personal data of other individuals and of our customers and clients in the course of their working relationship with the company.  Where this is the case, the Company relies on individuals to help meet its data protection obligations to staff, customers, clients and suppliers.

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 the company) 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 the Company’s 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.

Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under the company’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

The Company will provide training to all individuals that have access to Personal Data as part of their induction training and at regular intervals thereafter.