Data Protection Policy

 

  1. Introduction
  2. Purpose
  3. Objectives
  4. Scope
  5. Lines of responsibility
  6. Implementation
  7. Related Policies, procedures and further reference
  8. Definitions
  9. Further help and advice
  10. Policy Version and History

1. Introduction

Just IT needs to collect, use and share personal information about employees, workers, secondees, contractors, job applicants, learners, candidates, customers and clients in order to deliver services, exercise its responsibilities and duties of care as an employer and provider of education and fulfil its legal and contractual obligations. In doing so Just IT must comply with the UK Data Protection Act, 1998, GDPR, 2018, and equivalent legislation. This laws requires Just IT to protect personal information and control how it is used in accordance with the legal rights of the data subjects – the individuals whose personal data is held.

All employees, workers, secondees, contractors, job applicants, learners, candidates, customers and clients and other data subjects are entitled to know:

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2. Purpose

This policy and its supporting procedures and guidance aim to ensure that Just IT complies with its obligations as a Data Controller under the UK Data Protection Act, 1998 and GDPR, 2018, and processes all personal data in compliance with the Data Protection Principles which are set out in the Act.

In summary, these state that personal data shall:

In order to manage these risks, this policy sets out responsibilities for all managers, staff and contractors and anyone else that can access or use personal data in their work for Just IT.

The policy also sets out a framework of governance and accountability for data protection compliance across Just IT. This incorporates all policies and procedures that are required to protect Just IT information by maintaining:

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3. Objectives

Just IT will apply the Data Protection Principles to the management of all personal data throughout the information life cycle by adopting the following policy objectives.

We will:

3.1 Apply “privacy by design” principles when developing and managing information systems containing personal data.

This means that we will:

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3.2 Process personal data fairly and lawfully

This means that we will:

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3.3 Seek informed consent when it is appropriate to do so

This means that we will seek the consent of individuals to collect and use their personal data

In some circumstances, it is not appropriate to seek an individual’s consent to process their data. For instance:

We will explain:

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3.4 Inform data subjects what we are doing with their personal data

This means that, at the point that we directly collect personal data (i.e. not through a 3rd party data provider), we will explain in a clear and accessible way;

We will publish this information, tailored for employees, workers, secondees, contractors, job applicants, learners, candidates, customers, clients and other groups of people on our website and where appropriate in printed formats. We will review the content of these Privacy Notices regularly to ensure they comply with the latest legislation and expectations. We will provide simple and secure ways for our students, staff and other data subjects to update the information that we hold about them such as home addresses. Where we process personal data to keep people informed about Just IT activities and events we will provide in each communication a simple way of opting out of further marketing communications.

In this way we will provide accountability for our use of personal data and demonstrate that we will manage people’s data in accordance with their rights and expectations.

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3.5 Uphold individual’s rights as data subjects

This means that we will uphold their rights to:

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3.6 Protect personal data

This means that we will:

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3.7 Retain personal data only as long as required

This means that we will:

Some Just IT records containing personal data are designated for permanent retention as archives for historical and statistical purposes. When managing access to archives containing personal data we will:

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4. SCOPE

4.1 What information is included in the Policy

This policy applies to all personal data created or received in the course of Just IT business in all formats, of any age. Personal data may be held or transmitted in paper and electronic formats or communicated verbally in conversation or over the telephone.

4.2 Who is affected by the Policy Data subjects

These include, but are not confined to: prospective applicants, applicants to programmes and posts, current and former learners, current and former employees, family members where emergency or next of kin contacts are held, workers employed through temping agencies, research subjects, external researchers, visitors, and volunteers, customers, conference delegates, people making requests for information or enquiries, complainants, professional contacts and representatives of funders, partners and contractors.

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Users of personal data

The policy applies to anyone who obtains, records, can access, store or use personal data in the course of their work for Just IT. Users of personal data include employees, workers, secondees, contractors, learners and candidates of Just IT, contractors, suppliers, agents, Just IT partners and external researchers and visitors.

4.3 Where the Policy applies

This policy applies to all locations from which Just IT personal data is accessed including home use.

5. LINES OF RESPONSIBILITY

All users of Just IT information are responsible for:

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5.1 The Chief Executive Officer of Just IT, has ultimate accountability for the Just IT’s compliance with data protection law.

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5.2 The Chief Executive Officer has senior management accountability for information governance including data protection management, reporting to the Board of Directors and the Non-Executive Committee on relevant risks and issues.

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5.3 The Chief Executive Officer has senior management responsibility for information governance including data protection management and for providing proactive leadership to instil a culture of information security within Just IT through clear direction, demonstrated commitment, explicit assignment, and acknowledgment of information security responsibilities.

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5.4 The Head of Human Resources is the designated Data Protection Officer, who is responsible for recommending information governance and security strategy to the Chief Operating Officer and has executive oversight of policies, procedures and controls to manage information security and data protection.

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5.5 All Heads of Departments are responsible for implementing the policy within their business areas, and for adherence by their staff.

This includes:

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5.6 The Head of Information Technology is responsible for ensuring that centrally managed IT systems and services take account of relevant data protection risks and are integrated into the information security management system and for promoting good practice in IT security among relevant staff.

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5.7 The Head of Human Resources is responsible for reviewing relevant human resources policies and procedures, in order to support managers and staff in understanding and discharging their responsibilities for data protection through the recruitment, induction, training, promotion, discipline and leaver management processes.

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5.8 The Administration Contracts Manager is responsible for reviewing relevant learner administration policies and procedures to integrate with the information security management system and for oversight of the management of student records and associated personal data across Just IT.

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5.9 The Chief Executive Officer is responsible for ensuring that data protection and wider Information Security controls are integrated within the risk, business continuity management and audit programmes and for liaising with insurers to ensure that the systems in place meet insurance requirements.

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5.10 The Chief Executive Officer is responsible for ensuring that controls to manage the physical security of Just IT take account of relevant data protection risks and are integrated into the information security management system.

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5.11 The Chief Executive Officer, Administration Contracts Manager and Head of HR (Information and Security Group) are responsible for reviewing the effectiveness of data protection policies and procedures as part of its wider oversight of information security management.

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6. IMPLEMENTATION

This policy is implemented through the development, implementation, monitoring and review of the component parts of Just IT’s information security management systems.

These include:

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7. RELATED POLICIES, PROCEDURES AND FURTHER REFERENCE

7.1. Just IT Policies and procedures

This policy should be read in conjunction with all other Just IT information governance and IT policies, which are reviewed and updated as necessary to meet Just IT’s business needs and legal obligations.
Managers of staff whose roles do not require Just IT, IT access are responsible for briefing their staff on their responsibilities in relation to all policies that affect their work.

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7.2 Legal Requirements and external standards

Effective data protection and information security controls are essential for compliance with U.K. and Scottish law and other relevant law in all jurisdictions in which Just IT operates.

Legislation that places specific data protection, information security and record keeping obligations on organisations includes, but is not limited to:

All current UK Legislation is published at https://www.legislation.gov.uk/

UK Information Commissioner’s Office (ICO) Statutory Codes of Practice, including:

Guidance, including:

https://ico.org.uk/for-organisations/guidance-index/data-protection-and-privacy-and-electronic-communications

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8. DEFINITIONS

Information

The definition of information includes, but is not confined to, paper and electronic documents and records, email, voicemail, still and moving images and sound recordings, the spoken word, data stored on computers or tapes, transmitted across networks, printed out or written on paper, carried on portable devices, sent by post, courier or fax, posted onto intranet or internet sites or communicated using social media.

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Personal Data

Information in any format that relates to a living person who can be identified from that information or other information held by Just IT, its contractors, agents and partners or other third parties.
Although the Data Protection Act applies only to living people, the scope of this policy also includes information about deceased individuals. This is because disclosure of information about the deceased may still be in breach of confidence or otherwise cause damage and distress to living relatives and loved ones.

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Sensitive Personal Data

Sensitive personal data (as defined in Section 2 of the Data Protection Act
Data 1998) is personal data relating to an identifiable individual’s a) racial or ethnic origin; b) political opinions; c) religious or other beliefs; d) membership of a trade union; e) physical or mental health or condition; f) sexual life; g) proven or alleged offences, including any legal proceedings and their outcome In addition, Just IT’s definition of High Risk Confidential Information includes the following personal data: Any other information that would cause significant damage or distress to an individual it was disclosed without their consent, such as bank account and financial information, marks or grades.

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Data Controller

An organisation which determines the purposes for which personal data is processed and is legally accountable for the personal data that it collects and uses or contracts with others to process on its behalf.

Data Processor

In relation to personal data, any person (other than an employee of the data controller) who processes the data on behalf of the data controller.

Data Subject

A person whose personal data is held by Just IT or any other organisation.
Processing Creating, storing, accessing, using, sharing, disclosing, altering, updating, destroying or deleting personal data.

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Confidential

The definition of confidential information can be summarised as:
Information

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9. FURTHER HELP AND ADVICE

For further information and advice about this policy and any aspect of information security contact:

HR Team; hr@justit.co.uk

11. POLICY VERSION AND HISTORY

Policy Version: 0.1
Review date: 5 years from date of approval or as required by legislation
Issue date: 11 january 2018

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