DATA PROTECTION POLICY
Emma Hall Designs is registered under the Data Protection Act.
General Statement of Emma Hall Designs Duties and Scope
Emma Hall Designs is required to process relevant personal data regarding members of staff, and customers as part of its operation and shall take all reasonable steps to do so in accordance with this Policy.
Data Protection Controller
Emma Hall Designs has appointed the Data Protection Officcer as the Data Protection Controller
(DPC) who will endeavour to ensure that all personal data is processed in compliance with this Policy and the Principles of the Data Protection Act 1998. The Freedom of Information Act 2000 and the Protection of Freedoms Act 2012 are also relevant to parts of this policy.
Emma Hall Designs recognises The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) adopted 27 April 2016, the two-year transition period and the application date of 25 May 2018 and is actively working towards compliance with that directive.
Emma Hall Designs shall so far as is reasonably practicable comply with the Data Protection Principles (the
Principles) contained in the Data Protection Act to ensure all data is:-
Fairly and lawfully processed
Processed for a lawful purpose
Adequate, relevant and not excessive
Accurate and up to date
Not kept for longer than necessary
Processed in accordance with the data subject's rights
Not transferred to other countries without adequate protection
Personal data covers both facts and opinions about an individual where that data identifies an individual. For example, it includes information necessary for employment such as the member of staff’s name and address and details for payment of salary. Personal data may also include sensitive personal data as defined in the Act.
Processing of Personal Data
Consent may be required for the processing of personal data unless processing is necessary for the performance of the contract of employment. Any information which falls under the definition of personal data and is not otherwise exempt, will remain confidential and will only be disclosed to third parties with appropriate consent.
Emma Hall Designs processes some personal data for direct marketing purposes, data subjects have the right to request an opt-out to these activities, which must be respected.
Sensitive Personal Data
Emma Hall Designs may, from time to time, be required to process sensitive personal data. Sensitive personal data includes data relating to medical information, gender, religion, race, sexual orientation, trade union membership and criminal records and proceedings.
Rights of Access to Information
Data subjects have the right of access to information held by Emma Hall Designs, subject to the provisions of the Data Protection Act 1998 and the Freedom of Information Act 2000. Any data subject wishing to access their personal data should put their request in writing to the DPC. Emma Hall Designs will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event, within 48 hours for access to records and 48 hours to provide a reply to an access to information request. The information will be imparted to the data subject as soon as is reasonably possible after it has come to Emma Hall Designs attention and in compliance with the relevant Acts.
Certain data is exempted from the provisions of the Data Protection Act which includes the following:-
National security and the prevention or detection of crime
The assessment of any tax or duty
Where the processing is necessary to exercise a right or obligation conferred or imposed by law upon Emma Hall Designs, including Safeguarding and prevention of terrorism and
The above are examples only of some of the exemptions under the Act. Any further information on exemptions should be sought from the DPC.
Emma Hall Designs will endeavour to ensure that all personal data held in relation to all data subjects is accurate. Data subjects must notify the data processor of any changes to information held about them. Data subjects have the right in some circumstances to request that inaccurate information about them is erased. This does not apply in all cases, for example, where records of mistakes or corrections are kept, or records which must be kept in the interests of all parties to which they apply.
If an individual believes that Emma Hall Designs has not complied with this Policy or acted otherwise than in accordance with the Data Protection Act, the Data Subject should contact the DPC.
Emma Hall Designs will take appropriate technical and organisational steps to ensure the security of personal data.
All staff will be made aware of this policy and their duties under the Act.
Emma Hall Designs and therefore all staff are required to respect the personal data and privacy of others and must ensure that appropriate protection and security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to all personal data.
An appropriate level of data security must be deployed for the type of data and the data processing being performed. In most cases, personal data must be stored in appropriate systems and be encrypted when transported offsite. Other personal data may be for publication or limited publication within Emma Hall Designs, therefore having a lower requirement for data security.
Emma Hall Designs must ensure that data processed by external processors, for example, service providers, Cloud services including storage, web sites etc. are compliant with this policy and the relevant legislation.
When data held in accordance with this policy is destroyed, it must be destroyed securely in accordance with best practice at the time of destruction.
Retention of Data
Emma Hall Designs may retain data for differing periods of time for different purposes as required by statute or best practices, individual departments incorporate these retention times into the processes and manuals. Other statutory obligations, legal processes and enquiries may also necessitate the retention of certain data.
Emma Hall Designs may store some data such as booking forms, photographs, and correspondence for an indefinite time period.
Author: Data Protection Officer
Date April 2018
Review: April 2019