This Policy sets out the obligations of Summerill & Bishop Ltd. regarding retention of personal data collected, held, and processed by the Company in accordance with 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.
The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).
In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
a) Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
b) When the data subject withdraws their consent;
c) When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
This Policy and the Retention Schedule sets out the type(s) of personal data held by the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.
2. Aims and Objectives
2.1 The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.
2.2 In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.
3.2 Personal data, as held by the Company is stored in the following ways and in the following locations:
a) The Company’s servers, hosted on Microsoft Azure Servers, located within the EEA.
c) Computers permanently located in the Company’s premises at Head Office or at 100 Portland Road or 58 Elizabeth Street, London;
d) Laptop computers provided by the Company to its employees;
e) Physical records stored in Head Office, 100 Portland Road or 58 Elizabeth Street, London
4. Data Disposal
Upon the expiry of the data retention periods set out below in the Retention Schedule, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:
4.1 Personal data stored electronically including any and all backups thereof shall be deleted securely;
4.2 Personal data stored in hardcopy form shall be securely shredded;
5. Data Retention
5.1 As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
5.2 Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
5.3 To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of personal information, the purposes for which we process information and whether we can achieve those purposes through other means, and the applicable legal requirements.
5.4 We will only keep personal information for as long as is necessary for the purpose or purposes for which that personal information is processed; and we will let anyone about whom we process data know how long that is or the criteria that go into deciding how long that is.
5.5 We may sometimes anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
5.6 If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria listed below.
a) The objectives and requirements of the Company;
b) The type of personal data in question;
c) The purpose(s) for which the data in question is collected, held, and processed;
d) The Company’s legal basis for collecting, holding, and processing that data;
e) The category or categories of data subject to whom the data relates;
5.7 Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
5.8 In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.
6. Roles and Responsibilities
6.1 The Company’s Data Privacy Manager is Louisa Alan, email [email protected].
6.2 The Data Privacy Manager shall be responsible for overseeing the implementation of this Policy, for monitoring compliance with this Policy, and with the GDPR and other applicable data protection legislation.
6.3 The following roles are responsible for retention of these records because they are in control of the relevant data. Each person is responsible for ensuring that all personal data is collected, retained and destroyed in line with the requirements of the GDPR.
a) The Finance Director (FD) is responsible for retention of financial (accounting, tax) and related records.
b) The Head of HR is responsible for retention of all HR records.
c) The Health and Safety Officer is responsible for retention of all Health and Safety records.
d) The Data Privacy Manager is responsible for storage of data in line with this procedure.
e) The Manager/Executive (generic/line) is responsible for ensuring that retained records are included in business continuity and disaster recovery plans
6.4 Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Privacy Manager.
7. Implementation of Policy
This Policy shall be deemed effective as of 24th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by:
24th May 2018
Due for Review by:
23rd May 2019