Data Protection 1
GDPR Training
 Data Protection...
What is the Data Protection Act?

The Data Protection Act (DPA) is a United Kingdom Act of Parliament that was passed in 1988. It was developed to control how personal, or customer information is used by organisations or government bodies. It protects people and lays down rules about how data about people can be used.

The DPA also applies to information or data stored on a computer or an organised paper filing system about living people. Organisations that do not adhere to the rules set out by DPA risk prosecution by the Information Commissioner’s Office (ICO) where fines can reach up to £500,000 and even imprisonment.



Why is the Data Protection Act important?

The Data Protection Act is important because it provides guidance and best practice rules for organisations and the government to follow on how to use personal data including:
  1. Regulating the processing of personal data
  2. Protecting the rights of the data subject
  3. Enabling the Data Protection Authority (The ICO) to enforce rules
  4. Holding organisations liable to fines in the event of a breach of the rules
The DPA’s rules are very thorough and cover rules around sharing of data, and data security. At the heart of it are eight common sense rules known as the 'data protection principles' that all organisations collecting and using personal information are legally required to comply with.
The law provides stronger protection for more sensitive information such as:
  • Ethnic background
  • Political opinions
  • Religious beliefs
  • Health
  • Sexual life
  • Criminal history


Your rights under Data Protection?

Under the Data Protection Act 2018, you/customers have the right to find out what information the government and other organisations store about you. These include the right to:
  • be informed about how your data is being used
  • access personal data
  • have incorrect data updated
  • have data erased
  • stop or restrict the processing of your data
  • data portability (allowing you to get and reuse your data for different services)
  • object to how your data is processed in certain circumstances
You also have rights when an organisation is using your personal data for:
  • automated decision-making processes (without human involvement)
  • profiling, for example to predict your behaviour or interests



What is GDPR?

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU).



What are the GDPR Principles?

Article 5 of the UK GDPR sets out seven key principles which lie at the heart of the general data protection regime.
Article 5 requires that personal data shall be:
  • Processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’)
  • 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 (‘purpose limitation’);
  • Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
  • 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 (‘accuracy’);
  • 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 (‘storage limitation’);
  • 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’).”
  • The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’)



How should we handle personal data?

The simplest rule is to always treat people’s data the way you would like other organisations to treat yours or your family’s.
  • We must keep people’s data secure.
  • We must be transparent about what we do with people’s data.
  • We must make sure we listen to people when they ask us about what data we hold or ask us to correct data.



DSAR – Data Subject Access Request

A Data Subject Access Request (DSAR) is a request addressed to the organisation that gives individuals a right to access information about personal data the organisation is processing about them and to exercise that right easily at reasonable intervals, in order to be aware of, and verify the lawfulness of the processing.
DUS is obligated to provide the following information upon a DSAR request:
  • Purpose of personal data processing
  • Third-parties with whom the organization is sharing personal data if any
  • Categories of personal data the organization is processing
  • Source of data, (if the data is not collected from the individual)
  • Data retention period or for how long will organization keep data
  • Information about automated decision-making (including profiling)
Customers can request the data by sending an e-mail to dataprotection@dus-ltd.co.uk they can also request this in writing by sending it to:
DUS Group 3 & 4 Marriott Court
5 Market Street
Whittlesey
Peterborough
PE7 1BA
DUS will respond with the information in full within 30 days.



E-mail Do’s and Don’t

  • If you are sending an email to several external email addresses, you must BCC and not CC. 
  • Before sending an email, check the addresses you’re sending it to are correct
  • If sending an attachment, check carefully that you have attached the correct document
  • Before replying to or forwarding an email containing a long discussion, read it carefully and delete any unnecessary information before forwarding.



Working securely on the move

  • Use a confidential waste bin for paper with information about customers or staff
  • Make sure all customer data that you keep is locked away.
  • Shred any confidential information once used. 
  • Black out any Bank details on paper documents that you are storing using a thick black marker.
  • Never share or write down passwords.
  • Be Cautious and Discreet
  • Be very careful of any email you receive with a link or attachment. If you don’t recognise the source, it may be an attempt to find out your login details. 
  • Never click on an email link or open an attachment unless you’re sure where it came from.
  • Never supply your password or credentials to anyone – either in a form or by phone.
  • Never install any programs without knowing what they are.
  • You should only reveal information of a confidential nature to someone if you are sure they are entitled to it.
  • Never discuss confidential work matters with friends or family.
  • Be aware of your surroundings when discussing confidential work matters, both in an office and in public.



What is a personal data breach?

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.

If you believe that a data breach has happened, please contact DUS immediately by emailing the following email addresses: dataprotection@dus.co.uk & admin@dus.co.uk 



Never use DUS data for your own purposes

We provide access to DUS data to deliver our services and support our customers. It must NEVER be used for any other reason other than the purpose in which the data was obtained. You must not access data or systems unless you have permission to do so.
You must not share data with any party that is not entitled to see it. It is a criminal offence to use customer data for anything other than which it is intended. This is something that DUS takes very seriously.



Summary

Data Collecting
When collecting data from a potential business or client:
  • The client or business must be made clear as to what the data is to be used for. 
  • The data must be complete, correct and up to date. 
  • The data must relevant to the service that DUS is providing. 
  • You can not collect data about a service that we do not supply.
  • You can not collect special category data such as - race, ethnic origin, politics, religion, trade union membership, genetics, bio-metrics, health, sex life or sexual orientation. 
  • The client must be made aware of how to access the data that we hold for them and/or their business.
  • The client must be made aware that for some services that we provide that we may need to share their data with other third party organisations, such as their current provider, service suppliers, brokers and other internal individuals. 

Data Transporting
When transporting data for a potential or existing business or client:
  • The data must be transported securely where possible.
  • Passwords must be used on all electronic devices that store DUS data. 
  • Photo's taken on personal devices such as mobile phones or tablets must be secure with a password or lock on the device
  • Any spreadsheets or documents that hold confidential information must be password protected where possible. 
  • You must not carry date when it is not needed or compulsory to do so i.e. leaving documents in a car etc. 
  • All data and documents must be sent from your DUS email address and not personal email addresses. 
  • You must NOT send DUS data to any third party or organisation with or without the clients consent. 
  • You understand that giving, selling or allowing any third party access to client data is strictly prohibited and could result in legal proceedings.  

Data Storing
When storing data for a potential or existing business or client:

  • Storage of paperwork must be secure with lock and key. 
  • Storage of electronic data must be password protected and be kept in a secure place. 
  • If you store electronic data on portable memory devices, make sure they are stored securely and never transported. 
  • You must NEVER store data special category data such as - race, ethnic origin, politics, religion, trade union membership, genetics, bio-metrics, health, sex life or sexual orientation. 
  • You must obtain permission from DUS to store data on a CRM software as this will need approving to make sure the CRM provider is secure and is compliant with GDPR regulations.
  • You must never store data on an unsecured device such as a shared computer, 
  • Should you store any client contracts you will need to blank out bank details once they have been successfully submitted and acknowledged by Diverse Utility Solutions admin team. 
  • You must NEVER use the data for any other purpose other than what it was originally gathered for. At no point are you permitted to share this data with any other individual or company. 

Data Removal
When removing data from a business or client:
  • You are only permitted to store data for potential or existing clients. Once a client is not a potential or an existing client you must remove and destroy all data you hold for that client. 
  • Photos of client data stored on a personal mobile device is not permitted, Images must be deleted or stored in a more secure place.
  • Any client that has ceased trading, changed trading names or ownership or no longer wishes to use or requires our services you must delete all data associated to this client.
  • We recommend performing a "Data Cleanse" at lease once a month. 
  • Paperwork that you wish to dispose of that contains any client data must be shredded or destroyed beyond recognition, with as little transporting of data as possible. 
  • Electronic copies of data must be deleted appropriately, with the removal of the file from Recycle Bin. 
  • Any electronic devices that you wish to dispose of that have previously held, transported or stored DUS data must be destroyed professionally. 
  • You are not permitted to sell or transfer any device that has been used for DUS purposes without getting the device professionally cleaned of all data and obtain a proof of service. 
  • DUS will assist with any Data Removal please speak to a director if you need to destroy or remove any data in either paper or electronic formats.

Links

You can find more information about DPA and GDPR on the following links:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/

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