We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure that our staff understand the rules governing their use of personal data to which they have access in the course of their work.
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory and business development purposes.
Business purposes include the following:
- Compliance with our legal, regulatory and corporate governance obligations and good practice
- Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests
- Ensuring business policies are adhered to (such as policies covering email and internet use)
- Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking
- Investigating complaints
- Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments
- Monitoring staff conduct, disciplinary matters
- Marketing our business
- Improving services
Information relating to identifiable individuals, such as job applicants, current and former employees, agency, contract and other staff, clients, suppliers, and marketing contacts.
Personal data we gather may include: individuals' contact details, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.
Sensitive personal data
Personal data about an individual's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings – any use of sensitive personal data should be strictly controlled in accordance with this policy.
3. Our procedures
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
The processing of all data must be:
- Necessary to deliver our services
- In our legitimate interests and not unduly prejudice the individual's privacy
- In most cases this provision will apply to routine business data processing activities.
Our Terms of Business contains a Privacy Notice to clients on data protection.
- Sets out the purposes for which we hold personal data on clients and employees
- Highlights that our work may require us to give information to third parties such as expert witnesses and other professional advisers
- Provides that clients have a right of access to the personal data that we hold about them
Sensitive personal data
In most cases where we process sensitive personal data, we will require the data subject's explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (for example, to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate, you should record the fact that the accuracy of the information is disputed and inform Rothesay Bennett.
Your personal data
You must take reasonable steps to ensure that personal data we hold about you is accurate and updated as required. For example, if your personal circumstances change, please inform Rothesay Bennett so that we can update your records.
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
We may rely on third party providers to support or provide some of the services that are available through the Service. We may also rely on third-party providers to perform certain services for us in connection with your use of the Service, such as communications and hosting services, network security, technical and client support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Service, and other functions. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests. These third-party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third-party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our web pages may utilise framing techniques to serve content to you from third-party providers, while preserving the look and feel of the Service. In such cases, please note that the information you provide is being provided to the third party.
4. Subject access requests
Please note that under the Data Protection Act 1998, individuals are entitled, subject to certain exceptions, to request access to information held about them.
If you receive a subject access request, you should refer that request immediately to Rothesay Bennett. We may ask you to help us comply with those requests.
Please contact Rothesay Bennett if you would like to correct or request information that we hold about you. There are also restrictions on the information to which you are entitled under applicable law.
5. GDPR provisions
Where not specified previously in this policy, the following provisions will be in effect on or before 25 May 2018.
Conditions for processing
We will ensure any use of personal data is justified using at least one of the conditions for processing, and this will be specifically documented. All staff that are responsible for processing personal data will be aware of the conditions for processing. The conditions for processing will be available to data subjects in the form of a privacy notice.
Justification for personal data
We will process personal data in compliance with all six data protection principles.
We will document the additional justification for the processing of sensitive data and will ensure any biometric and genetic data is considered sensitive.
The data that we collect is subject to active consent by the data subject. This consent can be revoked at any time.
Criminal record checks
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject.
Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be done for free.
Right to be forgotten
A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.
Privacy by design and default
Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. Rothesay Bennett will be responsible for conducting Privacy Impact Assessments and ensuring that all IT projects commence with a privacy plan.
When relevant, and when it does not have a negative impact on the data subject, privacy settings will be set to the most private by default.
Data audit and register
Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.