Data Protection Policy
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This Policy sets out the obligations of M-Integrated Solutions PLC (M), a company registered in England under number 6311065, whose registered office is at Home House 10 Church Street Old Isleworth London TW7 6DA. (“the Company”) regarding data protection and the rights of its employees (in this context, “employee data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “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.
M is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
The Data Protection Principles
The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
- processed lawfully, fairly, and in a transparent manner in relation to the data subject
- 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
- adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed
- accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is 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 the GDPR in order to safeguard the rights and freedoms of the data subject
• 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
The Rights of Data Subjects
The Rights of Data Subjects The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
- the right to be informed
- the right of access
- the right to rectification
- the right to erasure (also known as the ‘right to be forgotten’)
- the right to restrict processing
- the right to data portability
- the right to object
- rights with respect to automated decisionmaking and profiling
Lawful and Fair Data Processing
The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
- the data subject has given consent to the processing of their personal data for one or more specific purpose
- the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them
- the processing is necessary for compliance with a legal obligation to which the data controller is subject
- the processing is necessary to protect the vital interests of the data subject or of another natural person
- the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller
- the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child
- the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so)
- the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject)
- the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent
- the data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects
- the processing relates to personal data which is clearly made public by the data subject the processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity
- the processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject
- the processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR
- the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy)
- the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject
Specified and Legitimate Purposes
M collects and processes the personal data set out in this Policy. This includes Personal data collected directly from employee data subjects.
The specific purposes for which M collects, processes, and holds such personal data are set out in this Policy (or for other purposes expressly permitted by the GDPR).
Employee data subjects are kept informed at all times of the purpose or purposes for which M uses their personal data.
Adequate and Relevant Data Processing
M will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which employee data subjects have been informed (or will be informed) and as set out below.
Accuracy and Maintenance of Data
M shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of an employee data subject, as set out below.
The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
M shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
When personal data is no longer required, all reasonable steps will be taken to erase orotherwise dispose of it without delay.
For full details of M’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
M shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in this Policy.
Accountability and Record-Keeping
The Data Protection Officer shall be responsible, for overseeing the implementation of this Policy and for monitoring compliance with this Policy, M’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.
M shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
- the name and details of M, its Data Protection Officer, and any applicable third-party data processors
- the purposes for which M collects, holds, and processes personal data
- details of the categories of personal data collected, held, and processed by M, and the categories of employee data subject to which that personal data relates
- details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards
- details of how long personal data will be retained by M (please refer to the Company’s Data Retention Policy)
- detailed descriptions of all technical and organisational measures taken by M to ensure the security of personal data
Data Protection Impact Assessments
M shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of employee data subjects under the GDPR.
Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
- the type(s) of personal data that will be collected, held, and processed
- the purpose(s) for which personal data is to be used
- M’s objectives
- how personal data is to be used
- the parties (internal and/or external) who are to be consulted
- the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed
- risks posed to employee data subjects
- risks posed both within and to M
- proposed measures to minimise and handle identified risks
M shall provide the information to every employee data subject:
- where personal data is collected directly from employee data subjects, those employee data subjects will be informed of its purpose at the time of collection
- where personal data is obtained from a third party, the relevant employee data subjects will be informed of its purpose:
- a) if the personal data is used to communicate with the employee data subject, when the first communication is made
- b) if the personal data is to be transferred to another party, before that transfer is made
- c) as soon as reasonably possible and in any event not more than one month after the personal data is obtained
The following information shall be provided:
- details of M including, but not limited to, the identity of its Data Protection Officer
- the purpose(s) for which the personal data is being collected and will be processed and
the legal basis justifying that collection and processing
- where applicable, the legitimate interests upon which M is justifying its collection and processing of the personal data
- where the personal data is not obtained directly from the employee data subject, the categories of personal data collected and processed
- where the personal data is to be transferred to one or more third parties, details of those parties
- where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place
- details of data retention
- details of the employee data subject’s rights under the GDPR
- details of the employee data subject’s right to withdraw their consent to M’s processing of their personal data
- details of the employee data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR (ICO))
- where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it
- details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences
Data Subject Access
Employee data subjects may make subject access requests (DSAR) at any time to find out more about the personal data which M holds about them, what it is doing with that personal data, and why.
Employees wishing to make a DSAR should do using a Subject Access Request Form, sending the form to M’s Data Protection Officer at The Data Protection Officer, M-is PLC, 10 Church Street, London TW7 6DA You may also email us at: firstname.lastname@example.org
Responses to DSARs shall normally be made within one month of receipt, however this may be extended by up to two months if the DSAR is complex and/or numerous requests are made. If such additional time is required, the employee data subject shall be informed.
All DSARs received shall be handled by M’s Data Protection Officer.
M does not charge a fee for the handling of normal DSARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to an employee data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
Rectification of Personal Data
Employee data subjects have the right to require M to rectify any of their personal data that is inaccurate or incomplete.
M shall rectify the personal data in question, and inform the employee data subject of that rectification, within one month of the employee data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the employee data subject shall be informed.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
Erasure of Personal Data
Employee data subjects have the right to request that M erases the personal data it holds about them in the following circumstances:
- it is no longer necessary for M to hold that personal data with respect to the purpose(s) for which it was originally collected or processed
- the employee data subject wishes to withdraw their consent to M holding and processing their personal data
- the employee data subject objects to M holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see in this Policy for further details concerning the right to object)
- the personal data has been processed unlawful
- the personal data needs to be erased in order for M to comply with a particular legal obligation
Unless M has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the employee data subject informed of the erasure, within one month of receipt of the employee data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the employee data subject shall be informed.
In the event that any personal data that is to be erased in response to an employee data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
Restriction of Personal Data Processing
Employee data subjects may request that M ceases processing the personal data it holds about them. If an employee data subject makes such a request, M shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
Objections to Personal Data Processing
Employee data subjects have the right to object to M processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
Where an employee data subject objects to M processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that M’s legitimate grounds for such processing override the employee data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
M holds personal data that is directly relevant to its employees. That personal data shall be collected, held, and processed in accordance with employee data subjects’ rights and M’s obligations under the GDPR and with this Policy. The Company may collect, hold, and process the personal data detailed in this Policy:
Identification information relating to employees:
- name and contact details
Equal opportunities monitoring information (such information shall be anonymised where possible):
- details of sick leave
- medical conditions
- prescribed medication
- interview notes
- CVs, application forms, covering letters, and similar documents
- assessments, performance reviews, and similar documents
- details of remuneration including salaries, pay increases, bonuses, commission, overtime, benefits, and expenses
- records of disciplinary matters including reports and warnings, both formal and informal, will be kept until the warning period expires
- details of grievances including documentary evidence, notes from interviews, procedures followed, and outcomes
M holds health records on all employee data subjects which are used to assess the health, wellbeing, and welfare of employees and to highlight any issues which may require further investigation. In particular, M places a high priority on maintaining health and safety in the workplace, on promoting equal opportunities, and on preventing discrimination on the grounds of disability or other medical conditions. In most cases, health data on employees falls within the GDPR’s definition of special category data. Any and all data relating to employee data subjects’ health, therefore, will be collected, held, and processed strictly in accordance with the conditions for processing special category personal data, as set out in this Policy. No special category personal data will be collected, held, or processed without the relevant employee data subject’s express consent.
Health records shall be accessible and used only by the Head of Finance and the Head of Organisational Development and shall not be revealed to other employees, (IPC)s, or other parties working on behalf of M without the express consent of the employee data subject(s) to whom such data relates, except in exceptional circumstances where the wellbeing of the employee data subject(s) to whom the data relates is at stake and such circumstances satisfy one or more of the conditions set out in this Policy.
Health records will only be collected, held, and processed to the extent required to ensure that employees are able to perform their work correctly, legally, safely, and without unlawful or unfair impediments or discrimination.
Data subjects have the right to request that M does not keep health records about them. All such requests must be made in writing and addressed to The Data Protection Officer, M-is PLC, 10 Church Street, London TW7 6DA You may also email us at: email@example.com.
In cases where employee data subjects are enrolled in benefit schemes which are provided by M, it may be necessary from time to time for third party organisations to collect personal data from relevant employee data subjects.
Prior to the collection of such data, employee data subjects will be fully informed of the personal data that is to be collected, the reasons for its collection, and the way(s) in which it will be processed, as per the information requirements set out in this Policy.
M shall not use any such personal data except insofar as is necessary in the administration of the relevant benefits schemes.
M may from time to time monitor the activities of employee data subjects. Such monitoring may include, but will not necessarily be limited to, internet and email monitoring. In the event that monitoring of any kind is to take place (unless exceptional circumstances, such as the investigation of criminal activity or a matter of equal severity, justify covert monitoring), employee data subjects will be informed of the exact nature of the monitoring in advance.
Monitoring should not (unless exceptional circumstances justify it, as above) interfere with an employee’s normal duties.
Monitoring will only take place if M considers that it is necessary to achieve the benefit it is intended to achieve. Personal data collected during any such monitoring will only be collected, held, and processed for reasons directly related to (and necessary for) achieving the intended result and, at all times, in accordance with employee data subjects’ rights and M’s obligations under the GDPR.
M shall ensure that there is no unnecessary intrusion upon employee data subjects’ personal communications or activities, and under no circumstances will monitoring take place outside of an employee data subject’s normal place of work or work hours, unless the employee data subject in question is using Company equipment or other facilitiesincluding, but not limited to, M email, M intranet, or a Virtual Private Network (VPN) service provided by M for employee use.
Data Security – Transferring Personal Data and Communications
M shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data (including, but not limited to, personal data relating to employees):
- all emails containing personal data must be encrypted
- all emails containing personal data must be marked “confidential”
- personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances
- personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable
- personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted
Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data
Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using registered mail.
All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
Data Security – Storage
M shall ensure that the following measures are taken with respect to the storage of personal data (including, but not limited to, personal data relating to employees):
- all electronic copies of personal data should be stored securely using passwords and data encryption
- all hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar
- all personal data stored electronically should be backed up with backups stored onsite and offsite. All backups should be encrypted
- no personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to M or otherwise without the formal written approval of the Head of Information Technology and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary
- no personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to IPCs, or other parties working on behalf of M where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR(which may include demonstrating to M that all suitable technical and organisational measures have been taken)
Data Security – Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to M’s Data Retention Policy.
Data Security – Use of Personal Data
M shall ensure that the following measures are taken with respect to the use of personal data:
- no personal data may be shared informally and if an employee, IPCs, or other party working on behalf of M requires access to any personal data that they do not already have access to, such access should be requested from the Head of Information and Technology
- personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time
- if personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it
Data Security – IT Security
M shall ensure that the following measures are taken with respect to IT and information security:
- all passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by M is designed to require such passwords
- under no circumstances should any passwords be written down or shared between any employees, IPCs, or other parties working on behalf of M, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords
- all software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Head of Information Technology shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so
- no software may be installed on any Company-owned computer or device without the prior approval of the Head of Information and Technology
M shall ensure that all employees, IPCs or other parties (agents, contractors etc.) abide to all measures with respect to the collection, holding, and processing of personal data:
- be fully aware of both their individual responsibilities and M’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy
- if access is needed to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by M
- be appropriately trained and supervised regularly to do so
- be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise
- methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed
- to do so in accordance with the principles of the GDPR and this Policy by contract
- ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of M arising out of this Policy and the GDPR
- where any agent, contractor or other party working on behalf of M handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless M against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure
Transferring Personal Data to a Country Outside the EEA
M may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
- the transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data
- the transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority
- the transfer is made with the informed consent of the relevant employee data subject(s)
- the transfer is necessary for the performance of a contract between the employee data subject and M (or for pre-contractual steps taken at the request of the employee data subject)
- the transfer is necessary for important public interest reasons
- the transfer is necessary for the conduct of legal claims
- the transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent
- the transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register
All personal data breaches must be reported immediately to the Data Protection Officer.
If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of employee data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
In the event that a personal data breach is likely to result in a high risk to the rights and freedoms of employee data subjects, the Data Protection Officer must ensure that all affected employee data subjects are informed of the breach directly and without undue delay.
Data breach notifications shall include the following information:
• the categories and approximate number of employee data subjects concerned
• the categories and approximate number of personal data records concerned
• the name and contact details of M’s data protection officer (or other contact point where more information can be obtained)
• the likely consequences of the breach
• details of the measures taken, or proposed to be taken, by M to address the breach including, where appropriate, measures to mitigate its possible adverse effects
The Head of Information Technology will lead on data protection for M and is the registered Data Protection Officer.
Data Protection Officer
Head of Information Technology
D: +44 208 232 7000