Data Protection Principles
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be: –
a) Obtained and processed fairly
GDPR’s are intended not to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. The data subject must be told who the DPL is, in this case Declan MIllar, the purpose for which the data is to be processed by HSI, and the identities of anyone to whom the data may be disclosed or transferred.
For personal data to be processed lawfully, certain conditions must have been met. These may include, among other things, requirements that the data subject has consented to the processing, or that the processing is necessary for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject’s explicit consent to the processing of such data will be required.
b) Kept only for one or more specified, explicit and lawful purposes
Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for other purposes specifically permitted by GDPR. This means that personal data must not be collected for one purpose and used for another. If it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose before any processing occurs. Any employee personal data collected by HSI is used for ordinary Human Resources purposes. Where there is a need to collect employee data for another purpose, HSI will notify the employee of this and where it is appropriate will get employee consent to such processing.
c) Used and disclosed only in ways compatible with these purposes
Personal data should only be collected to the extent that it is required for the specific purposes notified to the data subject. Any data which is not necessary for that purpose should not be collected in the first place.
d) Kept safe and secure
HSI and its employees must ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
GDPR requires HSI to put in place procedures and technologies to maintain the security of all personal data. Personal data may only be transferred to a third-party data processor if the third party has agreed to comply with those procedures and policies or has adequate security measures in place.
The following must be maintained: –
- Confidentiality – Only people authorised to use the data can access it. HSI will ensure that only authorised persons have access to an employees’ personal file and any other personal or sensitive data held by HSI. Employees are required to maintain the confidentiality of any data to which they have
- Integrity – Personal data is accurate and suitable for the purpose for which it is processed.
- Availability – Only authorised users should be able to access the data if they need it for authorised purposes
Security Policy / Procedures include: –
- Secure lockable desks and cupboards. – Clear desk policy, all desks and cupboards remain locked when not in use. (Personal information is always considered confidential) and treated with extra precautions ensuring no one can see work that contains the
- Methods of disposal. – Paper documents must be shredded. All removable media should be wiped and physically destroyed when no longer
- Equipment – Data users should ensure that individual monitors do not show confidential information to passers-by and that the screen saver starts as soon as their PC is unattended.
- ISO 27001 – Compliance is required to all Policies with regards to ISO27001, including the IT Security Policy
e) Kept accurate, complete and up to date
Personal data must be accurate and kept up to date. Information which is incorrect, or misleading is not accurate, and steps should be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Inaccurate or out-of-date data should be destroyed. Employees should ensure that they notify the DPL and Human Resources of any relevant changes to their personal information so that it can be updated and maintained accurately. Examples of relevant changes to data would include a change of address.
f) Adequate, relevant and not excessive
g) Retained for no longer than is necessary for the purpose or purposes for which it was collected
Personal data should not be kept longer than is necessary for the purpose. For guidance in relation to data retention employees should contact their manager. HSI has various legal obligations to keep certain employee data for a specified period. In addition, HSI may need to retain personal data for a period to protect its legitimate interests.
h) Provided to data subjects as requested
Data must be processed in line with data subject’s rights. Data subjects have a right to: –
- Request access to any data held about them by the Data Controller
- Prevent the processing of their data for direct marketing purposes
- Ask to have inaccurate data amended
- Prevent processing that is likely to cause or distress to themselves or anyone else