Data Protection - NCS Property Maintenance

Context and overview

Key details

  • Policy prepared by: Stuart Lowney-Reger
  • Approved by board / management on: 16/05/2018
  • Policy became operational on: 16/05/2018
  • Next review date: 16/11/2018

Introduction

JSC Consultancy Ltd T/A NCS Property Maintenance needs to gather and use certain information about individuals. JSC Consultancy Ltd T/A NCS Property Maintenance supply and install energy efficient measures into customer homes that qualify for Energy Company Obligation (ECO) funding, as well property maintenance and home improvements for, but not limited to: Landlords; Managing Agents; General Public; and, Councils.

As such, we are required to collect and store personal data, which can include: customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact.

This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law.

The General Data Protection Regulation (GDPR) sets out JSC Consultancy Ltd T/A NCS Property Maintenance mains responsibilities in regards to personal data. Article 5 of the GDPR requires that personal data shall be:

  • processed lawfully, fairly and in a transparent manner in relation to individuals;
  • 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 they are processed;
  • accurate and, where necessary, 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;
  • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are 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 individuals; and
  • 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.

Why this policy exists

This data protection policy ensures JSC Consultancy Ltd T/A NCS Property Maintenance:

  • Complies with data protection law and follow good practice
  • Protects the rights of staff, customers and partners
  • Is open about how it stores and processes individuals’ data
  • Protects itself from the risks of a data breach

Data protection law

The Data Protection Act 1998 and General Data Protection Regulation (GDPR) describes how organisations — including JSC Consultancy Ltd T/A NCS Property Maintenance— must collect, handle and store personal information.

These rules apply regardless of whether data is stored electronically, on paper or on other materials.

To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.

The Data Protection Act is underpinned by eight important principles. These say that personal data must:

  1. Be processed fairly and lawfully
  2. Be obtained only for specific, lawful purposes
  3. Be adequate, relevant and not excessive
  4. Be accurate and kept up to date
  5. Not be held for any longer than necessary
  6. Processed in accordance with the rights of data subjects
  7. Be protected in appropriate ways
  8. Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection

People, risks and responsibilities

Policy scope

This policy applies to:

  • The head office of JSC Consultancy Ltd T/A NCS Property Maintenance
  • All branches of JSC Consultancy Ltd T/A NCS Property Maintenance
  • All staff and volunteers of JSC Consultancy Ltd T/A NCS Property Maintenance
  • All contractors, suppliers and other people working on behalf of JSC Consultancy Ltd T/A NCS Property Maintenance

It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 1998. This can include:

  • Names of individuals
  • Postal addresses
  • Email addresses
  • Telephone numbers
  • …plus any other information relating to individuals

Data protection risks

This policy helps to protect JSC Consultancy Ltd T/A NCS Property Maintenance from some very real data security risks, including:

  • Breaches of confidentiality. For instance, information being given out inappropriately.
  • Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
  • Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

JSC Consultancy Ltd T/A NCS Property Maintenance ensure that privacy and data protection is a key consideration in the early stages of any project, and then throughout its lifecycle.

  • building new IT systems for storing or accessing personal data;
  • developing legislation, policy or strategies that have privacy implications;
  • embarking on a data sharing initiative; or
  • using data for new purposes.

Taking a privacy by design approach is an essential tool in minimising privacy risks and building trust. Designing projects, processes, products or systems with privacy in mind at the outset can lead to benefits which include:

  • Potential problems are identified at an early stage, when addressing them will often be simpler and less costly.
  • Increased awareness of privacy and data protection across an organisation.
  • Organisations are more likely to meet their legal obligations and less likely to breach the Data Protection Act.
  • Actions are less likely to be privacy intrusive and have a negative impact on individuals.

Privacy Impact Assessments

Privacy Impact Assessments (PIAs) are an integral part of taking a privacy by design approach. The ICO code of practice (https://ico.org.uk/media/for-organisations/documents/1595/pia-code-of-practice.pdf) explains the principles which form the basis for a PIA.

JSC Consultancy Ltd T/A NCS Property Maintenance use Privacy impact assessments (PIAs) as a tool to identify and reduce the privacy risks of our projects. A PIA can reduce the risks of harm to individuals through the misuse of their personal information. They can also help determine issues and to design more efficient and effective processes for handling personal data.

The PIA process has been integrated with our existing project and risk management policies to reduce the resources necessary to conduct the assessment and spreads awareness of privacy throughout our organisation.

Responsibilities

Everyone who works for or with JSC Consultancy Ltd T/A NCS Property Maintenance has some responsibility for ensuring data is collected, stored and handled appropriately.

Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

However, these people have key areas of responsibility:

  • The Directors are ultimately responsible for ensuring that JSC Consultancy Ltd T/A NCS Property Maintenance meets its legal obligations.
  • The data protection officer, Stuart Lowney-Reger, is responsible for:
  1. Keeping the board updated about data protection responsibilities, risks and issues.
  2. Reviewing all data protection procedures and related policies, in line with an agreed schedule.
  3. Arranging data protection training and advice for the people covered by this policy.
  4. Handling data protection questions from staff and anyone else covered by this policy.
  5. Dealing with requests from individuals to see the data JSC Consultancy Ltd T/A NCS Property Maintenance holds about them (also called ‘subject access requests’).
  6. Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.

Our IT Support Company, CSUK, in conjunction with Stuart Lowney-Reger, is responsible for:

  1. Ensuring all systems, services and equipment used for storing data meet acceptable security standards.
  2. Performing regular checks and scans to ensure security hardware and software is functioning properly.
  3. Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services.

The marketing manager, Zoe Fletcher, is responsible for:

  1. Approving any data protection statements attached to communications such as emails and letters.
  2. Addressing any data protection queries from journalists or media outlets like newspapers.
  3. Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.

General staff guidelines

  • The only people able to access data covered by this policy should be those who need it for their work.
  • Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.
  • JSC Consultancy Ltd T/A NCS Property Maintenance will provide training to all employees to help them understand their responsibilities when handling data.
  • Employees should keep all data secure, by taking sensible precautions and following the guidelines below and the IT acceptable usage policy.
  • In particular, strong passwords must be used and they should never be shared.
  • Personal data should not be disclosed to unauthorised people, either within the company or externally.
  • Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
  • Employees should request help from their manager or the data protection officer if they are unsure about any aspect of data protection.

Data storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the Office Manager, Dawn Wright or Jodie Fletcher, or the data controller.

A complete list of each controller (Landlord /Managing Agents/ECO Provider) JSC Consultancy Ltd T/A NCS Property Maintenance are acting on behalf of, and the controllers’ representative (if relevant) is available in the information assets register and Job Logic Suite.

When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.

These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

  • When not required, the paper or files should be kept in a locked drawer or filing cabinet.
  • Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
  • Data printouts should be shredded and disposed of securely when no longer required.
  • When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
  • Data should be protected by strong passwords that are changed regularly and never shared between employees.
  • If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
  • Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services.
  • Servers containing personal data should be sited in a secure location, away from general office space.
  • Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
  • Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
  • All servers and computers containing data should be protected by approved security software and a firewall.

Data Sharing

Any sharing of data must comply with the law, be fair, transparent and in line with the rights and expectations of the individuals whose data you are sharing. This is achieved via following the Information Control procedure and monitoring of information sharing and quality assessments of samples of instances of sharing. This will document the instances of data sharing for all works of Jsc NOT relating to Energy Company Obligations (ECO) install, which will have the individual specific Privacy and Consent notice within each job file.

Jsc has a Data sharing agreement (DSA) with any party we routinely share personal data with or transfer large quantities of data to. These agreements are reviewed regularly. Prior to any DSA being signed a PIA is conducted to ensure that Jsc has legal authority to share the information and that the sharing complies with the GDPR.

Data accuracy

The law requires JSC Consultancy Ltd T/A NCS Property Maintenance to take reasonable steps to ensure data is kept accurate and up to date.

The more important it is that the personal data is accurate, the greater the effort JSC Consultancy Ltd T/A NCS Property Maintenance should put into ensuring its accuracy.

It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

  • Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
  • Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
  • JSC Consultancy Ltd T/A NCS Property Maintenance will make it easy for data subjects to update the information JSC Consultancy Ltd T/A NCS Property Maintenance holds about them. For instance, via the company website.
  • Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
  • It is the marketing manager’s responsibility to ensure marketing databases are checked against industry suppression files every six months.

Subject access requests

All individuals who are the subject of personal data held by JSC Consultancy Ltd T/A NCS Property Maintenance are entitled to:

  • Ask what information the company holds about them and why.
  • Ask how to gain access to it.
  • Be informed how to keep it up to date.
  • Be informed how the company is meeting its data protection obligations.

If an individual contacts the company requesting this information, this is called a subject access request.

Subject access requests from individuals should be made by email, addressed to the data controller at stuart@ncspm.co.uk. The data controller can supply a standard request form, although individuals do not have to use this.

Individuals will be charged £10 per subject access request. The data controller will aim to provide the relevant data within 14 days.

The data controller will always verify the identity of anyone making a subject access request before handing over any information.

Disclosing data for other reasons

In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.

Under these circumstances, JSC Consultancy Ltd T/A NCS Property Maintenance will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.

Privacy notice for recruitment

During a recruitment period JSC Consultancy Ltd T/A NCS Property Maintenance become a data controller, and as such have an individual privacy notice for this process. This policy will be given or highlighted on application, the note will address candidates directly and include all information required by GDPR Article 13 and Article 14. In the instance that JSC Consultancy Ltd T/A NCS Property Maintenance have received an applicant’s details via a recruitment company and an email address is the only form of contact, or from a generic social/professional network (LinkedIn for example) the Job Applicant Privacy Note Email Template shall be used.

Personal Data Breaches

The GDPR introduces a duty on all organisations to report certain types of personal data breach to the relevant supervisory authority. JSC Consultancy Ltd T/A NCS Property Maintenance must do this within 72 hours of becoming aware of the breach, where feasible.

If the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms, JSC Consultancy Ltd T/A NCS Property Maintenance will also inform those individuals without undue delay.

JSC Consultancy Ltd T/A NCS Property Maintenance will ensure there are robust breach detection, investigation and internal reporting procedures in place. This will facilitate decision-making about whether or not JSC need to notify the relevant supervisory authority and the affected individuals.

JSC Consultancy Ltd T/A NCS Property Maintenance will also keep a record of any personal data breaches, regardless of whether you are required to notify.

A 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. This includes breaches that are the result of both accidental and deliberate causes. It also means that a breach is more than just about losing personal data.

Personal data breaches can include:

  • access by an unauthorised third party;
  • deliberate or accidental action (or inaction) by a controller or processor;
  • sending personal data to an incorrect recipient;
  • computing devices containing personal data being lost or stolen;
  • alteration of personal data without permission; and
  • loss of availability of personal data.

A personal data breach can be broadly defined as a security incident that has affected the confidentiality, integrity or availability of personal data. In short, there will be a personal data breach whenever any personal data is lost, destroyed, corrupted or disclosed; if someone accesses the data or passes it on without proper authorisation; or if the data is made unavailable, for example, when it has been encrypted by ransomware, or accidentally lost or destroyed.

Recital 87 of the GDPR makes clear that when a security incident takes place, it should be quickly establish whether a personal data breach has occurred and, if so, promptly take steps to address it, including telling the ICO if required.

If a breach has occurred

When a personal data breach has occurred, JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will establish the likelihood and severity of the resulting risk to people’s rights and freedoms. If it’s likely that there will be a risk then JSC will notify the ICO; if it’s unlikely then it will not be reported. However, if the decision is made not to report the breach, JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will justify and document this decision.

In assessing risk to rights and freedoms, it’s important to focus on the potential negative consequences for individuals. Recital 85 of the GDPR explains that:

“A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned.”

This means that a breach can have a range of adverse effects on individuals, which include emotional distress, and physical and material damage. Some personal data breaches will not lead to risks beyond possible inconvenience to those who need the data to do their job. Other breaches can significantly affect individuals whose personal data has been compromised. JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will assess this case by case, looking at all relevant factors.

Reporting a breach

When reporting a breach, the GDPR guidelines state JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE must provide:

  • a description of the nature of the personal data breach including, where possible:
  • the categories and approximate number of individuals concerned; and
  • the categories and approximate number of personal data records concerned;
  • the name and contact details of the data protection officer or other contact point where more information can be obtained;
  • a description of the likely consequences of the personal data breach; and
  • a description of the measures taken, or proposed to be taken, to deal with the personal data breach, including, where appropriate, the measures taken to mitigate any possible adverse effects.

It will not always be possible to investigate a breach fully within 72 hours to understand exactly what has happened and what needs to be done to mitigate it. Article 34(4) allows the required information to be delivered in phases, as long as this is done without undue further delay.

To notify the ICO of a personal data breach, please see ICO pages on reporting a breach.

Information to be provided to an individual following a breach

As with reporting breaches to the ICO, if a breach is likely to result in a high risk to the rights and freedoms of individuals, the GDPR says you must inform those concerned directly and without undue delay.

A ‘high risk’ means the threshold for informing individuals is higher than for notifying the ICO. Again, JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will assess both the severity of the potential or actual impact on individuals as a result of a breach and the likelihood of this occurring. If the impact of the breach is more severe, the risk is higher; if the likelihood of the consequences is greater, then again the risk is higher. In such cases, JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will promptly inform those affected, particularly if there is a need to mitigate an immediate risk of damage to them. One of the main reasons for informing individuals is to help them take steps to protect themselves from the effects of a breach.

JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will inform the individual of the breach and provide the following information: description, in clear and plain language, the nature of the personal data breach and, at least:

  • the name and contact details of the data protection officer or other contact point where more information can be obtained;
  • a description of the likely consequences of the personal data breach; and
  • a description of the measures taken, or proposed to be taken, to deal with the personal data breach and including, where appropriate, of the measures taken to mitigate any possible adverse effects.

Further actions

JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will record all breaches, regardless of whether or not they need to be reported to the ICO, as required under Article 33(5), JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will document the facts relating to the breach, its effects and the remedial action taken. As with any security incident, JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will investigate whether or not the breach was a result of human error or a systemic issue and see how a recurrence can be prevented – whether this is through better processes, further training or other corrective steps. Consideration will also be made as to whether third parties, such as: the police, insurers, professional bodies, or bank or credit card companies who can help reduce the risk of financial loss to individuals, need to be informed also.

Failure to report breaches

Failing to notify a breach when required to do so can result in a significant fine up to 10 million euros or 2 per cent of global turnover. The fine can be combined the ICO’s other corrective powers under Article 58.

Providing information

JSC Consultancy Ltd T/A NCS Property Maintenance aims to ensure that individuals are aware that their data is being processed, and that they understand:

  • How the data is being used
  • How to exercise their rights, as provided by the GDPR:
    • The right to be informed
    • The right of access
    • The right to rectification
    • The right to erasure
    • The right to restrict processing
    • The right to data portability
    • The right to object
    • Rights in relation to automated decision making and profiling.

Individuals have the right to be informed about the collection and use of their personal data. This is a key transparency requirement under the GDPR.

JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will provide individuals with information including: purposes for processing their personal data, retention periods for that personal data, and who it will be shared with. As detailed in the privacy statement.

JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE provide privacy information to individuals at the time of collection of their personal data from them.

If JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE obtain personal data from other sources, JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will provide individuals with privacy information within a reasonable period of obtaining the data and no later than one month.

There are a few circumstances where JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will not need to provide people with privacy information, such as if an individual already has the information or if it would involve a disproportionate effort to provide it to them.

The information JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will provide to people will be concise, transparent, intelligible, easily accessible, and use clear and plain language.

JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will regularly review, and where necessary, update our privacy information. Any new uses of an individual’s personal data will be bought to their attention before processing.

To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company. (A copy of this is available upon request)

JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE will provide individuals with all the following privacy information:

  • The name and contact details of our organisation.
  • The name and contact details of our representative (if applicable).
  • The contact details of our data protection officer (if applicable).
  • The purposes of the processing.
  • The lawful basis for the processing.
  • The legitimate interests for the processing (if applicable).
  • The categories of personal data obtained (if the personal data is not obtained from the individual it relates to).
  • The recipients or categories of recipients of the personal data.
  • The details of transfers of the personal data to any third countries or international organisations (if applicable).
  • The retention periods for the personal data.
  • The rights available to individuals in respect of the processing.
  • The right to withdraw consent (if applicable).
  • The right to lodge a complaint with a supervisory authority.
  • The source of the personal data (if the personal data is not obtained from the individual it relates to).
  • The details of whether individuals are under a statutory or contractual obligation to provide the personal data (if applicable, and if the personal data is collected from the individual it relates to).
  • The details of the existence of automated decision-making, including profiling (if applicable).

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