Data Protection

Objective:
To ensure that Data Protection obligations are met.

Scope:
Throughout the whole organisation, including Green Deal Assessors, Green Deal Installers, Green Deal Suppliers and any person undertaking work on behalf of the organisation.

The person responsible for Data Protection is Stuart Houten (Director) “the nominated person”.

All documents are approved by the nominated person for use and regularly checked and updated at the Quarterly meetings or earlier if required.

A weekly check is monitored by the director to see if there are any changes in policies or documentation that requires action.

Corrections and changes are made whenever necessary and amended in the master document list on the computer. The version or issue number is changed and allocated accordingly.

This document is issued to:-
All Members of Staff including:-
Sub-contractors
Sales Staff
Green Deal Assessors
Green Deal Installers
Green Deal Suppliers

All documents and data are backed up separately at the end of each day and uploaded to a server at a separate location by the nominated person.

Obsolete documents are removed from the Master List and replaced with updated versions and version or issue number and the date changed accordingly.

Foreword

It is a legal requirement under the Data Protection Act to ensure that personal information is properly protected.

We must comply with the requirements of the Data Protection Act 1998 when processing personal data in connection with the Green Deal and that protecting personal information is a legal requirement under the Data Protection Act 1998.

All members of staff, including sub-contractors, sales staff, and Green Deal Assessors and Green Deal Installers must pay sufficient attention to the way personal information is handled and kept safe.

These policies and procedures are a response to these needs. They set out the steps that every individual should take to monitor, control and to mitigate the risk should personal information be lost or data protection systems fail.

The robust application of the guidelines coupled with the characteristic vigilance of staff will help to reduce the risks associated with handling personal data.

Introduction

This document sets out the protocols which govern our company’s compliance with the Data Protection Act 1998.

Our firm will provide awareness sessions towards ensuring that all employees, sub-contractors and any person/s working on behalf of the company comply with the obligations under the Data Protection Act 1998.

Definitions

Personal Data
The Data Protection Act 1998 regulates the use of “personal data”.

Personal data is data which relates to a living individual who can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into the possession of, the Data Controller.

Personal Data includes any expression of opinion about the individual and any
indication of the intentions of the Data Controller or any other person in respect of the individual.

Sensitive Personal Data

The following categories of data have been defined as ‘sensitive personal data’ under the Data Protection Act 1998:
a. Racial or ethnic origin
b. Political affiliations and opinions
c. Religious or other beliefs of a similar nature
d. Trade union membership
e. Physical or mental health or condition
f. Sexual life
g. Offences (including alleged offences)
h. Criminal proceedings, outcomes and sentences

Data Controller
A Data Controller is the person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

Data Processor
A Data Processor, in relation to personal data, is any person (other than an employee of the Data Controller) who processes personal data on behalf of the Data Controller.

Data Subject
A Data Subject is an individual who is the subject of personal information, e.g. Joe
Blogs’ was provided with the Green Deal Plan for a boiler. In this statement Joe Blogs is the Data Subject.

Third Party
A Third party, in relation to personal data, is any person other than the Data
Subject, the Data Controller, Data Processor or any other person authorised to
process data for the Data Controller or Processor.

Privacy Notice
A Privacy Notice is the declaration of intent made by a Data Controller when they
collect personal information, this should detail how the information provided to
them will be processed.

Data Protection Principles
All individuals who process personal data held by our company (manual or electronic) has an obligation to comply with the 8 Principles of the Data Protection Act 1998.

Principle 1: Obtain and process personal data fairly and lawfully.
The first data protection principle requires our company as a Data Controller to have legitimate grounds for collecting the personal data we obtain and process.

The data obtained by our company should not be used in an unjustified manner which could cause adverse effects on Data Subjects.

To comply with the first data protection principle our company should inform Data Subjects of the intended use of their personal data; this can be undertaken in the form of a privacy notice.

Principle 2: Obtain and process personal data only for one or more specified and lawful purpose or purposes.
Before obtaining personal data our company must understand why it is collecting the data and be clear about the reasons for the data collection.

On collecting the data our company should provide a clear and explanative privacy notice informing data subjects of the intended use of their data.

Our company Information and Compliance Officer is to be informed to all new forms of processing at the office. There is a legal obligation under the Act to ensure all processing undertaken by a Data Controller is reflected in their Notification to the ICO (Information Commissioner’s Office).

Principle 3: Personal data should be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
The amount of personal data held on a Data Subject should not exceed the amount
required to suffice its purpose. Therefore, our company should not continue to hold data on an individual when it serves no purpose.

Principle 4: Personal data should be accurate and, where necessary, kept up to date.
Our company should take steps to ensure the personal data it holds is accurate; it should also ensure that a clear record is kept noting the origins of the data, e.g. canvass, new customer, existing customer.

All challenges made regarding the inaccuracy of data held are to be recorded,
carefully considered and rectified when and where appropriate.

Principle 5: Hold personal data for no longer than is necessary.
A regular assessment should be undertaken by our company to review the length of time records are held.

Once personal data is no longer required by our company it must be destroyed, in an appropriate and secure manner.

All data related to request for personal data received by our company under the Data Protection Act 1998, should be destroyed after five years in which the request was received.

Principle 6: Process personal data in accordance with the rights of Data Subjects under the Act.
The Data Protection Act 1998 sets out a number of rights for Data Subjects which
must be upheld by Data Controllers, these consist of:
• a right of access to a copy of the information comprised in their personal data;
• a right to object to processing that is likely to cause or is causing damage or distress;
• a right to prevent processing for direct marketing;
• a right to object to decisions being taken by automated means;
• a right in certain circumstances to have inaccurate personal data rectified, blocked,
erased or destroyed; and
• a right to claim compensation for damages caused by a breach of the Act. Data Protection Procedures Revised Aug 2011

Principle 7: Take appropriate technical and organisational measures against
unauthorised or unlawful processing of personal data and against
accidental loss or destruction of, or damage to, personal data.
Our company should ensure that data security measures are organised and implemented to reduce the potential harm of any data security breach, e.g. encryption of portal storage devices.

Our company will make available policies and procedures for all staff and sub-contractors and Data Processors regarding the physical and technological security measures to be undertaken by our company to protect the personal data held by our company.

Our company should be prepared to respond to a breach of data security promptly and effectively.

Principle 8: Do not transfer personal data to a country or territory outside the
European Economic Area, unless that country or territory ensures an
adequate level of protection for the rights and freedoms of Data Subjects
in relation to the processing of personal data.
The European Economic Area consists of the following countries:
Austria Greece Netherlands
Belgium Hungary Norway
Bulgaria Iceland Poland
Cyprus Ireland Portugal
Czech Republic Italy Romania
Denmark Latvia Slovakia
Estonia Liechtenstein Slovenia
Finland Lithuania Spain
France Luxembourg Sweden
Germany Malta

The following countries outside of the EEA are considered to have an adequate level of protection in accordance with the Data Protection Act 1998.
Andorra Argentina Canada Faroe Islands
Israel Guernsey Isle of Man Jersey
Switzerland

It is extremely unlikely that we will have to transfer data outside of the United Kingdom however Data can be transferred outside of the countries with adequate protection if a valid exception can be justified. The following exceptions are available for application:
• Consent
• Contract Performance
• Substantial public interest
• Vital Interests
• Public Registers
• Legal Claims

Code of Practice
Our company employees and/or sub-contractors should be aware that all personal data collected, held and processed manually or electronically as part of their employment duties, are subject to the Data Protection Principles.

Employment duties may require the publishing of your name, contact details and job title, when it relates to your professional capacity at our company.

Areas of Responsibility
The company correspondent with the Information Commissioner shall be the nominated person.

On a day-to-day basis, the nominated person shall review the policy when new legislation, which has an impact on personal data, is brought into force. It is the responsibility of the nominated person and all managers to ensure that their staff are aware of the company Data Protection Policy, Procedures and relevant guidance documents, as well as their personal obligations under the Data Protection Act 1998.

All members of staff and sub-contractors, as well as anyone processing data on behalf of our company, such as suppliers, assessors, installers and other agents, have an individual responsibility not only to the company but also to the UK Information Commissioner. Therefore, all principles set out in the Act and our company procedures and guidance documents must be adhered to.

Suppliers, Assessors, Installers, Agents
Suppliers, Green Deal Assessors, Green Deal Installers, Sales agents of our company are deemed to be agents of the company and are expected to follow the procedures/guidelines set out in our Data Protection Procedures and Guidance Documents.

Vendors, Contractors, Suppliers
Our company staff must restrict access to personal data by non-employees.
Access to data by Vendors, contractors and suppliers must be controlled and
documented.

Vendors, contractors and suppliers must be restricted from unnecessary admittance to areas where personal data is held or processed.

Vendors, contractors and suppliers will be required to sign non-disclosure
agreements as part of a contract, where access to personal data is unavoidable.

Data Security Breach
If you suspect or have proof that there has been a breach of data securities in our company please notify the nominated person, in the first instance. Where a breach of data has been deliberate, the company may consider instituting disciplinary procedures against such individuals.

Notification
The Information and Compliance Officer, under the management of the nominated person, shall ensure that notification under the Data Protection Act 1998, appropriate to all aspects of our company’s business, is filed with the Office of the Information Commissioner annually. The Notification is to be annually maintained and reviewed, via an annual audit co-ordinated by the Information and Compliance Officer.

Documents should be held in accordance with Principle 5 of the Data Protection Act 1998.

Handling of sensitive & financial personal data
Explicit consent from the Data subject is required for the processing of sensitive
personal data. The categories of data which have been designated as sensitive
personal data under the Data Protection Act 1998 are listed in paragraph 5 of the
Procedures.

Our company also recommends that financial information be handled with the same care as sensitive personal data. For example, credit card details should be recorded separately to non-sensitive personal data and only transferred to areas of the company that are involved in financial processing.

Similarly, staff payroll details to be disseminated via e-mail must be encrypted and
should never be held on unprotected servers.

On enrolment, all contractors, sub-contractors, Green Deal Assessors, Green Deal Installers are asked to sign a Data Protection declaration form with a general declaration giving consent to have their data used for promotional purposes,
followed by sections pertaining to references and finance.

Publishing Staff Data
It is the responsibility of all members of staff who produce material for release into the public domain (e.g. installation references) to check the level of permission granted by Data Protection Procedures.

Data Protection Training
Data Protection training will be provided as part of the initial induction training course that all members of staff are obligated to attend which will be held at our head office by the nominated person initially.

Ongoing training and external training courses will also be held and made available to everyone, and may be highlighted during individual appraisals of staff and contractors.

The frequency of training courses will be every six months.

Data Protection Policy Audit
An audit is important as it provides an assessment of whether our organisation is following good data protection practice and any staff member that holds, controls or uses personal data are bound by the Data Protection laws and need to be aware of their obligations.

An on-site audit is carried out by a Data Protection Officer who will go around the offices and questions staff members using a self-assessment checklist/audit form to enable staff to demonstrate their compliance and understanding, including the eight data protection principles.

Additionally the Data Protection Officer will check training records and courses to understand the awareness of staff and identify potential areas where action needs to be taken.

The Officer will also check computers to see if they have password access and check how the data is backed up and see first-hand the processes for handling both electronic and manual records containing personal data.

The Data Protection Officer will provide a report with a follow up review every six months.

Non Compliance
Non-compliance matters will be resolved by informing the staff member within 24 hours of discovering the non-compliance both verbally and in writing clearly outlining the non-compliance and reasons giving the staff member a reasonable period of time to correct the issue. A face to face meeting will take place and be encouraged and if necessary it may be necessary to contact a relevant Certification Body. Our policy is always to work with the staff member to resolve the issue however if non-compliance is of such a serious nature that we cannot reach a suitable resolution then as a last resort Disciplinary Action may have to be taken.

Where applicable our firm will also notify and inform the relevant Green Deal Certification Body.

Contacts and Further Information
Any queries regarding the content of these procedures should be referred to the nominated person and/or the Information and Compliance Officer.

Further information about Data Protection matters can be found on the Information Commissioner’s Website at www.ico.gov.uk.

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