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:
This data protection policy ensures JSC Consultancy Ltd T/A NCS Property Maintenance:
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:
This policy applies to:
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:
This policy helps to protect JSC Consultancy Ltd T/A NCS Property Maintenance from some very real data security risks, including:
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.
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:
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.
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:
Our IT Support Company, CSUK, in conjunction with Stuart Lowney-Reger, is responsible for:
The marketing manager, Zoe Fletcher, is responsible for:
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:
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.
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.
All individuals who are the subject of personal data held by JSC Consultancy Ltd T/A NCS Property Maintenance are entitled to:
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 firstname.lastname@example.org. 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.
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.
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.
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:
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.
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.
When reporting a breach, the GDPR guidelines state JSC CONSULTANCY LTD T/A NCS PROPERTY MAINTENANCE must provide:
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.
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:
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.
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.
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:
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: