Tracgroup

GDPR: General Data Protection Policy Statement 
 

Contents 
[GDPR] General Data Protection Policy Statement .....1 
1. Policy Summary.....1 
2. Scope.....2 
3. Objectives of the PIMS (Personal Information Management System).....2 
4. Notification.....3 
5. Definitions.....3 
6. Responsibilities.....5 
7. Risk Assessment.....5 
8. Data protection principles.....6 
9. Personal Data Format.....7 
10. Data Processing.....8 
11. PCI DSS Compliance.....8 
12. Copyright/IP Rights.....8 
13. Safeguards.....9 
14. Accountability.....9 
15. Data subjects’ rights.....9 
16. Complaints.....10 
17. Consent.....10 
18. Security of data.....10 
19. Rights of access to data.....11 
20. Disclosure of data.....11 
21. Disposal of records.....11 
22. Data Protection Officer.....11 
 

1. Policy Summary 
1.1. The Senior Management Team within Tracgroup , are [within the context of its Information Security Policy) committed to comply with all relevant UK and EU laws in respect to data privacy, and towards the protection of the “rights and freedoms” of individuals whose information Tracgroup, as data controller collect. Most notably in accordance with the General Data Protection Regulation (GDPR), which comes into force from May 2018. To that end, the Senior Management Team have developed, implemented, maintain and continuously improve a documented Personal Information Management System (‘PIMS’) across all [its] locations. 
 

2. Scope 
2.1. This policy aims to meet the requirements of the (GDPR) across all [its] locations, customers, employees, partners and affiliates of Tracgroup whom act as processor on behalf of [our] data subjects. Significant changes to data privacy laws in the EU/UK have led to Tracgroup reviewing its existing policies and procedures to ensure it meets the new criteria and to safeguard our business and its customers from the latest threats towards the overall rights and freedoms of individuals. 
2.2. The General Data Protection Regulation replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of living individuals, and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent. 
2.3. Tracgroup is responsible for the on-going maintenance, effectiveness and ultimate alignment of this policy to fulfil our legal/regulatory requirements; and remains accountable to the board of directors on its overall performance. 
 

3. Objectives of the PIMS (Personal Information Management System) 
3.1. The objectives for the PIMS will enable Tracgroup to; 
(a) meet its own privacy requirements as a data controller; 
(b) to meet all necessary compliance obligations as per the GDPR; 
(c) impose controls in line with Tracgroup’s Risk Management strategy; 
(d) ensure Tracgroup meet(s) all applicable statutory, regulatory, contractual and professional duties and; 
(e) that it protects the interests of data subjects, third parties, affiliated data processors and other interested parties. 
3.2. Tracgroup is committed towards the fulfilment of all its compliance requirements relating to Data Privacy and its subsequent practices including, but not limited to; 
3.2.1. Processing personal information only where this is strictly necessary for legitimate business purposes; 
3.2.2. Collecting only minimum personal information required for these purposes and not processing excessive personal information; 
3.2.3. Providing clear information to individuals about how their personal information will be used and by whom; 
3.2.4. Only processing relevant and adequate personal information; 
3.2.5. Processing personal information fairly and lawfully; 
3.2.6. Maintaining an inventory of the categories of personal information processed by Tracgroup as both data controller and processor. 
3.2.7. Maintaining its accuracy and, where necessary, kept up to date; 
3.2.8. Retaining personal information only for as long as is necessary for both legal and/or regulatory reasons or, for other legitimate purposes – expressly agreed; 
3.2.9. Respecting an individuals’ rights in relation to their personal information, including their right to access; 
3.2.10. Maintaining its security and accessibility; 
3.2.11. Only transferring personal information outside the EU in circumstances where it can be adequately protected and is necessary. 
3.2.12. The application of the various exemptions allowable by the current data protection legislation; 
3.2.13. Developing and implementing a PIMS to enable the policy to be implemented effectively; 
3.2.14. Where appropriate, identifying both internal and external stakeholders and the degree to which these stakeholders are involved in the governance of Tracgroup PIMS; and 
3.2.15. The identification of stakeholders with specific responsibility and accountability for the PIMS. 
 

4. Notification 
4.1. Tracgroup has notified the Information Commissioner that it is a data controller and that it processes certain information about data subjects. Tracgroup have identified all personal data assets that it processes and is contained within the Data Inventory Register. 
4.2. A copy of the ICO notification details are retained by Tracgroup. 
4.3. The ICO notification is renewed annually each year. 
4.4. Tracgroup is responsible, each year, for reviewing the details of notification, in the light of any changes to Tracgroup’s activities (as determined by changes to the Data Inventory Register and the management review) and to any additional requirements identified by means of data protection impact assessments. 
4.5. The policy applies to all Employees/Staff [and its interested parties] of Tracgroup such as outsourced suppliers. Any breach towards the GDPR or this PIMS will be dealt with under Tracgroup’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities. 
4.6. Partners and any third parties working with or for Tracgroup, and who have or may have access to personal information, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by Tracgroup without having first provided a GDPR Policy, which imposes on the third-party obligations no less onerous than those to which Tracgroup is committed, and which gives Tracgroup the right to audit compliance with the agreement. 
 

5. Definitions 
5.1. Territorial scope – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data to offer goods and services, or monitor the behaviour to data subjects who are resident in the EU. 
5.2. Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates, to act on behalf of the controller and deal with supervisory authorities. 
5.3. Personal data – any information relating to an identified or identifiable natural person ('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. 
5.4. Special categories of personal data – 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 for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation. 
5.5. Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 
5.6. Data subject – any living individual who is the subject of personal data held by Tracgroup. 
5.7. Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 
5.8. Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse, or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual. 
5.9. Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches (within 72 hours) to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject. 
5.10. Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data. 
5.11. Child – the GDPR defines a child as anyone under the age of 16 years old. The processing of personal data of a child under 13 years of age is only lawful if parental or custodian consent has been obtained. 
5.12. Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. 
5.13. Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis. 
 

6. Responsibilities 
6.1. Tracgroup is a data controller and data processor under the GDPR. 
6.2. Senior Management and all those in managerial or supervisory roles throughout Tracgroup are responsible for developing and encouraging correct information handling practices; responsibilities of which are set out within individual job descriptions. 
6.3. Tracgroup Board of Directors directly responsible for the management of personal information within Tracgroup and for ensuring overall compliance with data protection legislation and best practice can be demonstrated. These accountabilities include; 
6.3.1. The development and implementation of the PIMS as required by this policy; and 
6.3.2. The security and risk management in relation to compliance with the policy. 
6.4. Tracgroup Board of Directors considered to be suitably qualified and experienced, have been appointed to take overall responsibility for Tracgroup’s compliance with this policy and the day-to-day management on this basis and, in particular, has direct responsibility for ensuring that Tracgroup complies with the GDPR, as do the senior management team in respect to the data processing activities that takes place within their area of responsibility. 
6.5. Tracgroup has specific responsibilities in respect of procedures such as the ‘Access Request’, and is the first point of call for Employees/Staff seeking clarification on any aspect of data protection compliance. 
6.6. Compliance with data privacy legislation is the responsibility of all active employees of Tracgroup whom process personal information on behalf of the data controller. 
6.7. Tracgroup’s Training Policy sets out specific training and awareness requirements in relation to specific roles and to members of Tracgroup generally. 
6.8. Members of Tracgroup are responsible for ensuring that any personal data supplied by them, and that is about them, to Tracgroup is accurate and up-to-date. 
 

7. Risk Assessment 
7.1. To ensure that Tracgroup are aware of any risks associated with the processing of the variable types of personal information [we] hold and process. 
7.2. Tracgroup has a process for assessing the level of risk to individuals associated with the processing of their personal information. Assessments will also be carried out in relation to processing tasks undertaken by other organisations on behalf of Tracgroup. Tracgroup shall manage any risks which are identified by the risk assessment to reduce the likelihood of a nonconformance with this policy. 
7.3. Where a type of processing, uses new technologies and taking into account the nature, scope, context and purposes of the processing is likely to result in a high risk to the “rights and freedoms” 
of natural persons, Tracgroup shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. 
7.4. A single assessment may address a set of similar processing operations that present similar high risks. 
7.5. Where, as a result of a Privacy Impact Assessment, it is clear that Tracgroup is about to commence processing of personal information that could cause damage and/or distress to the data subjects, the decision as to whether or not Tracgroup may proceed must be escalated for review. Tracgroup shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the Information Commissioners Office [supervisory authority]. 
7.6. Appropriate controls will be selected, typically relating to cyber security, and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to Tracgroup’s documented risk acceptance criteria and the requirements of the GDPR. 
 

8. Data protection principles 
8.1. All processing of personal data must be done in accordance with the following data protection principles and any/all supplementary Tracgroup policies and procedures determined to offer additional mitigation steps; 
8.1.1. Personal data must be processed lawfully, fairly and transparently. 
8.1.2. Tracgroup’s Fair Processing Procedure is set out. 
8.1.3. Demonstrate a transparent and easily accessible policies relating to the processing of personal data and the exercise of individuals’ “rights and freedoms”. Information must be communicated to the data subject in an intelligible form using clear and plain language.