ANCA GDPR - EU Specific Privacy and Personal Data Protection Policy
This document sets out the organisation’s responsibilities and policy for privacy and the protection of personal data.
Personal Data collection for people that reside within the European Union. To cover Compliance of the EU GDPR (European Union General Data Protection Regulation).
- Personal Data Tracking & Control Procedure
- Personal Data Breach Notification Work Instruction
- Legitimate Interest Assessment Work Instruction
- Data Protection Impact Assessment Work Instruction
- Data Subject Request Work Instruction
As outlined within the body of this policy.
Responsibilities & Activities
In its everyday business operations ANCA makes use of a variety of data about identifiable individuals, including data about:
- Current, past and prospective employees
- Current, past and prospective customers
- Users of its websites
- Other stakeholders, like suppliers
In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps ANCA is taking to ensure that it complies with it. This control applies to all systems & people who have access to ANCA systems.
2. Privacy and Personal Data Protection Policy
2.1 The General Data Protection Regulation
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that ANCA carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is ANCA’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
There are a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:
Personal data is defined as:
any information relating to an identified or identifiable natural person (‘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;
any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
2.3 Principles Relating to Processing of Personal Data
There are a number of fundamental principles upon which the GDPR is based.
These are as follows:
1. Personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) 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 (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are 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 implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) 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 (‘integrity and confidentiality’).
2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
ANCA will ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.
2.4 Rights of the Individual
The data subject also has rights under the GDPR. These consist of:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
8. Rights in relation to automated decision making and profiling.
Each of these rights are supported by appropriate procedures within ANCA that allow the required action to be taken within the timescales stated in the GDPR. These timescales are shown in Table 1.
2.5 Lawfulness of Processing
There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR. It is ANCA policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation. The options are described in brief in the following sections.
Unless it is necessary for a reason allowable in the GDPR, ANCA will always obtain explicit consent from a data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific EU member states) parental consent will be obtained. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.
If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.
2.5.2 Performance of a Contract
Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.
2.5.3 Legal Obligation
If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example.
2.5.4 Vital Interests of the Data Subject
In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. ANCA will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data.
2.5.5 Task Carried Out in the Public Interest
Where ANCA needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
2.5.6 Legitimate Interests
If the processing of specific personal data is in the legitimate interests of ANCA and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.
2.6 Privacy by Design
ANCA has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues.
2.7 Data Protection Officer
A defined role of Data Protection Officer (DPO) is required under the GDPR if an organisation is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Although ANCA does not meet the criteria to have a DPO, ANCA has voluntarily appointed a DPO.
2.8 Breach Notification
It is ANCA’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours. This will be managed in accordance with our Personal Data Breach Notification Work Instruction.
2.9 Addressing Compliance to the GDPR
The following actions are undertaken to ensure that ANCA complies at all times with the accountability principle of the GDPR:
- The legal basis for processing personal data is clear and unambiguous and are documented in the Personal Data Register.
- A Data Protection Officer is appointed with specific responsibility for data protection in the organization.
- All staff involved in handling personal data understand their responsibilities for following good data protection practice.
- Training in data protection is on-going / In-process.
- Rules regarding consent are followed.
- Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively.
- Regular reviews of procedures involving personal data are carried out.
- Privacy by design & default is adopted for all new or changed systems and processes.
- The data obtained and related consents are documented in our Personal Data Register.
These actions are reviewed on a regular basis as part of the management process concerned with data protection.
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In accordance with new EU Data Privacy Legislation known as "GDPR" (General Data Protection Regulation), you are entitled to initiate a "Rights Request".
If you would like to initiate any of the "Rights Request" processes, email us at firstname.lastname@example.org and provide the following 7 details:
1) First Name
2) Last Name
6) Are you a Customer or Supplier?
7) Which Rights Request would you like to initiate?
- Right to information
- Right to access
- Right to rectification
- Right to withdraw consent
- Right to object
- Right to object to automated processing
- Right to erasure / to be forgotten
- Right for data portability
* Please note that in order for us to action your request, all required details must be provided.