Data Protection Policy

Context and overview

Key details

• Policy prepared by: Jo Lara
• Approved by board / management on: 20/05/2018
• Policy became operational on: 23/05/2018
• Next review date: 23/05/2019

Introduction

It is necessary for Bluesky International Logistics Ltd (Bluesky) to gather and use relevant information about individuals.
These 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.

Why this policy exists

This Data Protection Policy ensures Bluesky International Logistics Ltd:

• Complies with Data Protection Law and follow good practice
• Protects the rights of staff, customers and partners
• Is open about the way in which it stores and processes individuals’ data
• Protects itself from the risks of a data breach

Data protection law

Bluesky International Logistics Ltd is committed to a policy of protecting the rights and privacy of individuals, including learners, staff and others, in accordance with the General Data Protection Regulation (GDPR) May 2018. 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:
1. Be processed fairly and lawfully
2. Be obtained only for specific, lawful purposes
3. Be adequate, relevant and not excessive
4. Be accurate and kept up to date
5. Not be held for any longer than necessary
6. Processed in accordance with the rights of data subjects
7. Be protected in appropriate ways
8. Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an
adequate level of protection

General Data protection (GDPR)

This piece of legislation comes in to force on the 25th May 2018. The GDPR regulates the processing of personal data, and protects the rights and privacy of all living individuals including children), for example by giving all individuals who are the subject of personal data a general right of access to the personal data which relates to them. Individuals can exercise the right to gain access to their information by means of a ‘subject access request’. Personal data is information relating to an individual and may be in hard or soft copy (paper/manual files; electronic records; photographs; CCTV images), and may include facts or opinions about a person.

For more detailed information on these Regulations see the Data Protection Data Sharing Code of Practice (DPCoP) from the Information Commissioner’s Office (ICO).

People, risks and responsibilities

Policy scope

This policy applies to:

• The head office of Bluesky
• All branches of Bluesky
• All staff and volunteers of Bluesky
• All contractors, suppliers and other people working on behalf of Bluesky

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. This can include:

• Names of individuals
• Postal addresses
• Email addresses
• Telephone numbers
• Driving License
• Passport Information
• CRB Check’s
•  …plus any other information relating to individuals

Data protection risks

This policy helps to protect Bluesky from some very real data security risks, including:

• Breaches of confidentiality. For instance, information being given out inappropriately.
• Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
• Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

Responsibilities

Everyone who works for or with Bluesky International Logistics Ltd 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:

• The Board of Directors is ultimately responsible for ensuring that Bluesky International Logistics Ltd meets its legal obligations.
• The data protection officer, is responsible for:
  • Keeping the Board updated about data protection responsibilities, risks and issues.
  • Reviewing all data protection procedures and related policies, in line with an agreed schedule.
  • Arranging data protection training and advice for the people covered by this policy.
  • Handling data protection questions from staff and anyone else covered by this policy.
  • Dealing with requests from individuals to view the data Bluesky International Logistics Ltd holds about
    them (also called ‘subject access requests’).
  • Checking and approving any contracts or agreements with third parties that may handle the company’s
    sensitive data.
  • Not to retain personal data for longer than is necessary to ensure compliance with the legislation, and
    any other statutory requirements. This means Bluesky will undertake a regular review of the information
    held and implement a weeding process. Blusky will dispose of any personal data in a way that protects the rights and privacy of the individual concerned (e.g. secure electronic deletion, shredding and disposal of hard copy files as confidential waste).
• The IT manager, is responsible for:
  • Ensuring all systems, services and equipment used for storing data meet acceptable security standards.
  • Performing regular checks and scans to ensure security hardware and software is functioning properly.
  • Evaluating any third-party services the company is considering using to store or process data. For
    instance, cloud computing services.
• The Directors Jo Lara and Simone DeGiorgio, are responsible for:
  • Approving any data protection statements attached to communications such as emails and letters.
  • Addressing any data protection queries from journalists or media outlets such as newspapers.
  • Where necessary, working with other staff to ensure marketing initiatives abide by data protection
    principles.

General staff guidelines

• The only people able to access data covered by this policy should be those who require it for their work.
• Data should not be shared informally. When access to confidential information is required, employees can
  request it from their line managers.
• Bluesky will provide training to all employees to help them understand their responsibilities when handling data.
• Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
• In particular, strong passwords must be used and they should never be shared.
• Personal data should not be disclosed to unauthorised people, either within the company or externally.
• Print outs should not to be left on printers.
• Operate a clean desk policy.
• Ensure pc is locked when away from desk.
• Ensure pc is shutdown at end of working day.
• Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
• Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection.

Data storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.
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:

• When not required, the paper or files should be kept in a locked drawer or filing cabinet.
• Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
• Data printouts should be shredded and disposed of securely when no longer required.

When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious
hacking attempts:

• Data should be protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
• Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services.
• Servers containing personal data should be sited in a secure location, away from general office space.
• Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s
  standard backup procedures.
• Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
• All servers and computers containing data should be protected by approved security software and a firewall.

Data use

Personal data is of no value to Bluesky unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:

• When working with personal data, employees should ensure the screens of their computers are always locked
  when left unattended.
• Personal data should not be shared informally. In particular, it should never be sent by email, as this form of
  communication is not secure.
• Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.
• Personal data should never be transferred outside of the European Economic Area.
• Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.

Data accuracy

The law requires Bluesky 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 Bluesky 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.

• Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
• Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
• Bluesky will make it easy for data subjects to update the information Bluesky holds about them. For instance, via the company website.
• Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.

Subject access requests

All individuals who are the subject of personal data held by Bluesky are entitled to:

• Ask what information the company holds about them and why.
• Ask how to gain access to it.
• Be informed how to keep it up to date.
• Be informed how the company is meeting its data protection obligations.

If an individual contact 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 Jo Lara at
[email protected].

The data controller can supply a standard request form, although individuals do not have to use this.

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.

Disclosing data for other reasons

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, Bluesky International Logistics Ltd 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.

Bluesky publishes various items which will include some personal data (e.g. internal telephone directory, photos and information in marketing materials).

It may be that in some circumstances an individual wishes their data processed for such reasons to be kept confidential or restricted to Bluesky access only. Therefore, it is Bluesky policy to offer an opportunity to opt-out of the publication of such when collecting the information.

Email

It is the policy of Bluesky to ensure that senders and recipients of email are made aware that under the DPA, and
Freedom of Information Legislation, the contents of email may have to be disclosed in response to a request for
information. One means by which this will be communicated will be by a disclaimer on the Bluesky email.

Under the Regulation of Investigatory Powers Act 2000, Lawful Business Practice Regulations, any email sent to or from the Bluesky may be accessed by someone other than the recipient for system management and security purposes.

CCTV

There are CCTV systems operating within Bluesky for the purpose of protecting Staff and property. Bluesky will only process personal data obtained by the CCTV system in a manner which ensures compliance with the legislation.

Providing information

Bluesky aims to ensure that individuals are aware that their data is being processed, and that they understand:

• How the data is being used
• How to exercise their rights

To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.
This is available on request.

Process for review

This policy will be updated as necessary to reflect best practice or future amendments made to the General Data
Protection Regulation (GDPR) May 2018 and Data Protection Act 1998.

Please follow this link to the ICO’s website (www.ico.gov.uk) which provides further detailed guidance on a range of topics including individuals’ rights, exemptions from the Act, dealing with subject access requests, how to handle requests from third parties for personal data to be disclosed etc. In particular, you may find it helpful to read the Guide to Data Protection which is available from the website. For help or advice on any data protection or freedom of information issues, please do not hesitate to contact: The Data Protection Officer (DPO).

Glossary

Data Controller

A 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. The term comprises not only individuals but also
organisations such as companies and other corporate bodies of persons.

Data processor

Any person (other than an employee of the data controller) who processes the data on behalf of the data controller.

Data subject

Any living individual who is the subject of personal data.

Personal data

Information which relates to a living individual who can be identified from that data, from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and 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.

Processing

Any operation or set of operations performed upon personal data, whether or not by automatic means. These include
collecting, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

Sensitive personal data

Personal data which consists of data related to the data subject’s racial or ethnic origin political opinions, religious or
similar beliefs, trade union membership, physical or mental health, sexual life, the commission of offences or criminal proceedings.