In this policy the following terms have the following meanings: ‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her;‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;
‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;
‘personal data’* means any information relating to an individual who can be identified, such as by 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. ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;
‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements; ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual; ‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.
* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we specifically need to refer to sensitive personal data. ‘Supervisory authority’ means an independent public authority which is responsible for monitoring the application of data protection. In the UK the supervisory authority is the Information Commissioner’s Office (ICO).
WFPS processes personal data in relation to its own staff, candidates and individual client contacts and is a data controller for the purposes of the Data Protection Laws. WFPS has registered with the ICO and its registration number is Z1128752.
WFPS may hold personal data on individuals for the following purposes:
• Staff administration;
• Advertising, marketing and public relations;
• Accounts and records;
• Administration and processing of candidates’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support;
• Administration and processing of clients’ personal data for the purposes of supplying/introducing candidates to suppliers or client’s;
1. The data protection principles
The Data Protection Laws require WFPS acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:
1. Processed lawfully, fairly and in a transparent manner;
2. Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4. Accurate and 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;
5. Kept for no longer than is necessary for the purposes for which the personal data are processed;
6. 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; and that
7. The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.
2. Legal bases for processing WFPS will only process personal data where it has a legal basis for doing so (see Annex A). Where WFPS does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws. WFPS will review the personal data it holds on a regular basis to ensure it is being lawfully
processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this. Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as, third party employers, umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support)), WFPS will establish that it has a legal reason for making the transfer.
3. Privacy by design and by default WFPS has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes
implementing measures such as:
• data minimisation (i.e. not keeping data for longer than is necessary);
• anonymization; and
• cyber security.
WFPS shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. WFPS may provide this information orally if requested to do so by the individual.
4. Privacy notices
Where WFPS collects personal data from the individual, WFPS will give the individual a privacy notice at the time when it first obtains the personal data. Where WFPS collects personal data other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month. If WFPS intends to disclose the personal data to a third party then the privacy notice will be issued when the personal data are first disclosed (if not issued sooner).
Where WFPS intends to further process the personal data for a purpose other than that for which the data was initially collected, WFPS will give the individual information on that other purpose and any relevant further information before it does the further processing.
5. Subject access requests
The individual is entitled to access their personal data on request from the data controller.
The individual or another data controller at the individual’s request, has the right to ask WFPS to rectify any inaccurate or incomplete personal data concerning an individual. If WFPS has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves
disproportionate effort. Those third parties should also rectify the personal data they hold – however WFPS will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual or another data controller at the individual’s request, has the right to ask WFPS to erase an individual’s personal data. If WFPS receives a request to erase it will ask the individual if s/he wants his personal data to
be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). WFPS cannot keep a record of individuals whose data it has erased so the individual may be contacted again by WFPS should WFPS come into possession of the individual’s personal data at a later date.
If WFPS has made the data public, it shall take reasonable steps to inform other data controllers and data processors processing the personal data to erase the personal data, taking into account available technology and the cost of implementation. If WFPS has given the personal data to any third parties it will tell those third parties that it has
received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however WFPS will not be in a position to audit those third parties to ensure that the rectification has occurred.
8. Restriction of processing
The individual or a data controller at the individual’s request, has the right to ask WFPS to restrict its processing of an individual’s personal data where:
• The individual challenges the accuracy of the personal data;
• The processing is unlawful and the individual opposes its erasure;
• WFPS no longer needs the personal data for the purposes of the processing, but the personal data is required for the establishment, exercise or defence of legal claims; or
• The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of WFPS override those of the individual.
If WFPS has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however WFPS will not be in a position to audit those third parties to ensure that the rectification has occurred.
9. Data portability
The individual shall have the right to receive personal data concerning him or her, which he or she has provided to WFPS, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller in circumstances where:
• The processing is based on the individual’s consent or a contract; and
• The processing is carried out by automated means. Where feasible, WFPS will send the personal data to a named third party on the individual’s request.
10. Object to processing
The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. The individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest. WFPS shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims. The individual has the right to object to their personal data for direct marketing.
11. Enforcement of rights
All requests regarding individual rights should be sent to the person whose details are listed in the Appendix. WFPS shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. WFPS may extend this period for two further months where necessary, taking into account the complexity and the number of
requests. Where WFPS considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature WFPS may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
12. Automated decision making
WFPS will not subject individuals to decisions based on automated processing that produce a legal effect or a similarly significant effect on the individual, except where the automated decision:
• Is necessary for the entering into or performance of a contract between the data controller and the individual;
• Is authorised by law; or
• The individual has given their explicit consent. WFPS will not carry out any automated decision-making or profiling using the personal data of a child.
13. Direct marketing
WFPS is subject to certain rules when marketing our clients and candidates. Individuals prior consent is required for electronic direct marketing. There is a limited exception for existing clients and candidates which allows us to send marketing texts and e-mails if we have obtained their contact details in the course of working finding services to that individual, WFPS are marketing similar products or services to individuals and WFPS gave that individual an
opportunity to opt out of marketing when first collecting their details and in every subsequent message.
If an individual objects to direct marketing, it is essential that this is actioned in a timely manner and their details will be suppressed as soon as possible. WFPS can retain just enough information to ensure that marketing preferences are respected in the future.
14. Provision of candidate information following an audit request
In the event of a client audit request the following documents have been identified as requiring certain specific confidential information to be redacted. Following completion of the audit, confirmation is to be provided that all documents detailed in this policy have been destroyed. Workforce will be able to provide documents related only to the client the audit was facilitated for due to data protection and commercial agreements.
Any other documents requested during an audit must be reviewed by People and Compliance Manager before being supplied.
15. Reporting personal data breaches
All data breaches should be referred to the persons whose details are listed in the Appendix.
a. Personal data breaches where WFPS is the data controller:
Where WFPS establishes that a personal data breach has taken place, WFPS will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual WFPS will notify the ICO. Where the personal data breach happens outside the UK, WFPS shall alert the relevant supervisory authority for data breaches in the effected jurisdiction.
b. Personal data breaches where WFPS is the data processor:
WFPS will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.
c. Communicating personal data breaches to individuals
Where WFPS has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, WFPS shall tell all affected individuals without undue delay.
WFPS will not be required to tell individuals about the personal data breach where:
• WFPS has implemented appropriate technical and organisational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption.
• WFPS has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
• It would involve disproportionate effort to tell all affected individuals. Instead, WFPS shall make a public communication or similar measure to tell all affected individuals.
All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:
Right to respect for private and family life (Article 8).
• Freedom of thought, belief and religion (Article 9).
• Freedom of expression (Article 10).
• Freedom of assembly and association (Article 11).
• Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).
If you have a complaint or suggestion about WFPS’s handling of personal data then please contact the person whose details are listed in the Appendix to this policy.
Alternatively you can contact the ICO directly on 0303 123 1113 or at https://ico.org.uk/global/contact-us/email/ Matthew Morton is WFPS’s Data Protection Officer and is responsible for:-
• adding, amending or deleting personal data;
• responding to subject access requests/requests for rectification, erasure, restriction data portability, objection, automated decision making processes and profiling and withdrawal
• reporting data breaches/dealing with complaints; and/or
• Carrying out any appropriate internal disciplinary action if necessary.