1.Introduction

In its everyday business operations SNL makes use of a variety of data about identifiable individuals, including data about:

• Current, past and prospective employees
• Customers
• Users of its websites
• Subscribers
• Other stakeholders

In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.

Under the GDPR the relevant DPA has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is the higher, for infringements of the regulation.

The purpose of this policy is to set out the relevant legislation and to describe the steps SNL is taking to ensure that it complies with it.

This policy must be followed with respect to all systems, people and processes that constitute the organisation’s information systems, including board members, directors, employees, suppliers and other third parties who have access to our systems.

2. Data Protection Policy

2.1 The General Data Protection Regulation

The General Data Protection Regulation 2016 (“GDPR”) is designed to protect the personal data of citizens of the European Union. It is SNL’s policy to ensure that compliance with GDPR and other relevant legislation is clear and demonstrable at all times.

2.2 Definitions

The following definitions listed within GDPR are the most fundamental with respect to this policy:

‘Personal data’ is defined as:

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;

‘processing’ means:

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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

‘controller’ means:

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;

2.3 Principles Relating to Processing of Personal Data

There are a number of fundamental principles upon which the GDPR is based.

These are as follows:

1. Personal data shall be:
   
   1. processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
   2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; (‘purpose limitation’);
   3. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
   4. accurate and, where necessary, kept up to date; (‘accuracy’);
   5. 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 or statistical purposes in a way that safeguards the rights and freedoms of the data subject (‘storage limitation’);
   6. 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 (‘integrity and confidentiality’).
2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

SNL will ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.

2.4 Rights of the Individual

The data subject also has rights under the GDPR. These consist of:

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

Each of these rights are supported by appropriate procedures that allow the required action to be taken within the timescales stated in the GDPR.

These timescales are shown in Table 1.

Data Subject Request	Timescale
The right to be informed	When data is collected (if supplied by data subject) or within one month (if not supplied by data subject)
The right of access	One month
The right to rectification	One month
The right to erasure	Without undue delay
The right to restrict processing	Without undue delay
The right to data portability	One month
The right to object	On receipt of objection
Rights in relation to automated decision making and profiling.	Not specified

Table 1 - Timescales for data subject requests

 

2.5 Lawfulness of Processing

There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR.

2.5.1 Consent

Unless it is necessary or otherwise permitted in accordance with GDPR, SNL will always obtain explicit consent from a data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific EU member states) parental consent will be obtained. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent.

If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.

2.5.2 Performance of a Contract

Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.

2.5.3 Legal Obligation

If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.

2.5.4 Vital Interests of the Data Subject

If the personal data is required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. SNL will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, if there was a serious accident in the workplace, leaving the victim incapable of consent, personal data may be disclosed to the hospital to protect the victim’s vital interests.

2.5.5 Task Carried Out in the Public Interest

Where SNL needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.

2.5.6 Legitimate Interests

If the processing of specific personal data is in the legitimate interests of SNL and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing.

2.6 Privacy by Design

SNL has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.

The data protection impact assessment will include:

• Consideration of how personal data will be processed and for what purposes
• Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
• Assessment of the risks to individuals in processing the personal data
• What controls are necessary to address the identified risks and demonstrate compliance with legislation

Use of techniques such as data minimisation and pseudonymisation will be considered where applicable and appropriate.

2.7 Contracts Involving Processing of Personal Data

SNL will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR.

2.8 International Transfers of Personal Data

Transfers of personal data outside the European Economic Area (EEA) will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR, particularly the adequacy of the safeguards for personal data applicable in the receiving country. This may change over time.

2.9 Data Protection Officer

SNL does not require a Data Protection Officer (DPO) pursuant to the GDPR because it does not perform large scale monitoring and/or it does not process particularly sensitive types of data on a large scale.

2.10 Breach Notification

It is SNL’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours. An Information Security Incident Response Procedure is in place and sets out the overall process of handling information security incidents.

2.11 Addressing Compliance to the GDPR

The following actions are undertaken to ensure that SNL complies at all times with the accountability principle of the GDPR:

• The legal basis for processing personal data is clear and unambiguous
• All staff involved in handling personal data understand their responsibilities for following good data protection practice
• Training in data protection has been provided to all staff
• Rules regarding consent are followed
• Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
• Regular reviews of procedures involving personal data are carried out
• Privacy by design is adopted for all new or changed systems and processes
  • The following documentation of processing activities is recorded:
  • Organisation name and relevant details
  • Purposes of the personal data processing
  • Categories of individuals and personal data processed
  • Categories of personal data recipients
  • Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place
  • Personal data retention schedules
  • Relevant technical and organisational controls in place

These actions are reviewed on a regular basis as part of the management process concerned with data protection.

If you have any questions about our handling of your personal data, please contact us directly at datacontrol@seascope.com.cy