Data Protection Policy (All Companies - Compliant with GDPR)
The organisation is committed to being transparent about how it collects and uses the personal data of its workforce, and to meeting its data protection obligations. This policy sets out the organisation's commitment to data protection, and individual rights and obligations in relation to personal data.
This policy applies to the personal data of job applicants, employees, workers, contractors, volunteers, interns, apprentices and former employees, referred to as HR-related personal data. This policy does not apply to the personal data of clients or other personal data processed for business purposes.
Questions about this policy, or requests for further information, should be directed to:-
Threeways Garage, Data Controller, Faenol Avenue, Abergele, Conwy, LL22 7HT Tel No. 01745 825847
"Personal data" is any information that relates to an individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.
"Special categories of personal data" means information about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.
"Criminal records data" means information about an individual's criminal convictions and offences, and information relating to criminal allegations and proceedings.
Data protection principles
The organisation processes HR-related personal data in accordance with the following data protection principles:
• The organisation processes personal data lawfully, fairly and in a transparent manner.
• The organisation collects personal data only for specified, explicit and legitimate purposes.
• The organisation processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
• The organisation keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
• The organisation keeps personal data only for the period necessary for processing.
• The organisation adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
The organisation tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons.
Where the organisation processes special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with a policy on special categories of data and criminal records data.
The organisation will update HR-related personal data promptly if an individual advises that his/her information has changed or is inaccurate.
Personal data gathered during the employment, worker, contractor or volunteer relationship, or apprenticeship or internship is held in the individual's personnel file in hard copy or electronic format, or both, and on HR systems. The periods for which the organisation holds HR-related personal data are contained in its privacy notices to individuals.
The organisation keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).
As a data subject, individuals have a number of rights in relation to their personal data. Subject access requests Individuals have the right to make a subject access request. If an individual makes a subject access request, the organisation will tell him/her:
• whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
• to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
• for how long his/her personal data is stored (or how that period is decided);
• his/her rights to rectification or erasure of data, or to restrict or object to processing;
• his/her right to complain to the Information Commissioner if he/she thinks the organisation has failed to comply with his/her data protection rights; and
• whether or not the organisation carries out automated decision-making and the logic involved in any such decision-making.
The organisation will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.
To make a subject access request, the individual should send the request to email@example.com . In some cases, the organisation may need to ask for proof of identification before the request can be processed. The organisation will inform the individual if it needs to verify his/her identity and the documents it requires.
The organisation will normally respond to a request within a period of one month from the date it is received. In some cases, such as where the organisation processes large amounts of the individual's data, it may respond within three months of the date the request is received. The organisation will write to the individual within one month of receiving the original request to tell him/her if this is the case. If a subject access request is manifestly unfounded or excessive, the organisation is not obliged to comply with it. Alternatively, the organisation can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which the organisation has already responded. If an individual submits a request that is unfounded or excessive, the organisation will notify him/her that this is the case and whether or not it will respond to it.
Individuals have a number of other rights in relation to their personal data. They can require the organisation to:
• rectify inaccurate data;
• stop processing or erase data that is no longer necessary for the purposes of processing;
• stop processing or erase data if the individual's interests override the organisation's legitimate grounds for processing data (where the organisation relies on its legitimate interests as a reason for processing data);
• stop processing or erase data if processing is unlawful; and
• stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual's interests override the organisation's legitimate grounds for processing data. To ask the organisation to take any of these steps, the individual should send the request to firstname.lastname@example.org
The organisation takes the security of HR-related personal data seriously. The organisation has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
Where the organisation engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
If the organisation discovers that there has been a breach of HR-related personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. The organisation will record all data breaches regardless of their effect.
If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.
International data transfers
The organisation will not transfer HR-related personal data to countries outside the EEA.
Individuals are responsible for helping the organisation keep their personal data up to date. Individuals should let the organisation know if data provided to the organisation changes, for example if an individual moves house or changes his/her bank details.
Individuals may have access to the personal data of other individuals (and of our customers and clients) in the course of their employment, contract, volunteer period, internship or apprenticeship. Where this is the case, the organisation relies on individuals to help meet its data protection obligations to staff and to customers and clients.
Individuals who have access to personal data are required:
• to access only data that they have authority to access and only for authorised purposes;
• not to disclose data except to individuals (whether inside or outside the organisation) who have appropriate authorisation;
• to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
• not to remove personal data, or devices containing or that can be used to access personal data, from the organisation's premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device; and
• not to store personal data on local drives or on personal devices that are used for work purposes.
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under the organisation's disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.
The organisation will provide training to all individuals about their data protection responsibilities as part of the induction process (and at regular intervals thereafter).
Individuals whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them
GDPR – Data Processing Legitimate Interests Assessment (LIA)
Companies: Threeways Garage Limited, Threeways Service Station (Abergele) Limited, Threeways Motorhomes Limited, Easy Clean Car Centre Limited, Threeways Holdings Limited, Threeways Subway Limited.
This LIA relates to the electronic and hard copy documentation of data gathered and processed by the above named companies to enable them to carry out their duties as a business to transact with data subjects and perspective customers, businesses and other legitimate commercial functions in accordance with our Privacy Notice.
Part 1: Purpose test
You need to assess whether there is a legitimate interest behind the processing of Data.
a) Why do you want to process the data?
b) What benefit do you expect to get from the processing?
c) Do any third parties benefit from the processing?
d) Are there any wider public benefits to the processing?
e) How important are the benefits that you have identified?
f) What would the impact be if you couldn’t go ahead with the processing?
g) Are you complying with any specific data protection rules that apply to your processing (eg profiling requirements, or e-privacy legislation)?
h) Are you complying with other relevant laws?
i) Are you complying with industry guidelines or codes of practice?
j) Are there any other ethical issues with the processing?
a) We want to process the data to ensure we are able to communicate with the data subject.
b) Being able to communicate any associated enquiries, services or products relevant to the data subject.
rd parties will benefit from being able to communicate effectively regarding enquiries, services or products relevant to the data subject.
e) E.g ensuring safety reminders for MOT are issued
f) Potential risk of important information such as servicing, MOT or product recalls not being issued to the data subject. Faenol Avenue, Abergele, Conwy, LL22 7HT Tel No. 01745 825847 Email: email@example.com GROUP LIA template 20180319 v1.0 2
Part 2: Necessity test
You need to assess whether the processing is necessary for the purpose you have identified.
a) Will this processing actually help you achieve your purpose?
b) Is the processing proportionate to that purpose?
c) Can you achieve the same purpose without the processing?
d) Can you achieve the same purpose by processing less data, or by processing the data in another more obvious or less intrusive way?
c) No, it would not be achieved without the processing of subjects’ data
d) We aim to process all subjects data in the least intrusive and most efficient manner.
Part 3: Balancing test
You need to consider the impact on individuals’ interests and rights and freedoms and assess whether this overrides your legitimate interests.
Nature of the personal data
a) Is it special category data or criminal offence data?
b) Is it data which people are likely to consider particularly ‘private’?
c) Are you processing children’s data or data relating to other vulnerable people?
d) Is the data about people in their personal or professional capacity?
b) We may need to collect some financial data in relation to finance related products. We made also need to enquire about endorsements or criminal convictions in relation to hire, demonstration or company vehicles.
c) We do not process children’s data. Some disability customers data may be processed in relation to Motability sales and/or vat exemptions
d) Both. We have both private and business customers Reasonable expectations
a) Do you have an existing relationship with the individual(s)?
b) What’s the nature of the relationship and how have you used data in the past?
c) Did you collect the data directly from the individual? What did you tell them at the time?
d) If you obtained the data from a third party, what did they tell the individuals about reuse by third parties for other purposes and does this cover you?
e) How long ago did you collect the data? Are there any changes in technology or context since then that would affect expectations?
f) Is your intended purpose and method widely understood?
g) Are you intending to do anything new or innovative?
h) Do you have any evidence about expectations – eg from market research, focus groups or other forms of consultation?
i) Are there any other factors in the particular circumstances that mean they would or would not expect the processing?
a) Yes with some data subjects LIA template 20180319 v1.0 4
b) Past data has been used to provide information on products, services, important reminder information and marketing communication.
c) Yes. The data subject was asked to opt-in to each of the various communication contact options.
d) Any 3rd party information obtained complies with all GDPR and Data Protection regulations.
e) Some data has been obtained a number of years ago, routine data cleansing has been in action to maintain the most up to date information and any individual instances of data update actioned.
i) Not known at this time.
a) What are the possible impacts of the processing on people?
b) Will individuals lose any control over the use of their personal data?
c) What is the likelihood and severity of any potential impact?
d) Are some people likely to object to the processing or find it intrusive?
e) Would you be happy to explain the processing to individuals?
f) Can you adopt any safeguards to minimise the impact?
a) The processing will not impact other than for its intended use
b) No, the data subject will have the right to access, rectify, get copies or erase any personal data
c) There is limited likelihood of impact and the severity minimal based on the information and intended use.
d) No – all rights of the data subject will be followed
f) All safeguards, including training, systems, personnel and 3rd party companies are maintained to minimise risk and impact.
Can you offer individuals an opt-out?
Making the decision
This is where you use your answers to Parts 1, 2 and 3 to decide whether or not you can apply the legitimate interests basis.
Can you rely on legitimate interests for this processing?
Do you have any comments to justify your answer? (optional)
All answers to the above questions have been answered to the best of knowledge and information held at the time and with the interests of the data subjects in mind.
LIA completed by
Keep a record of this LIA, and keep it under review.
Do a DPIA if necessary.
Include details of your purposes and lawful basis for processing in your privacy information, including an outline of your legitimate interests.
Employee Privacy Notice (All companies)
Threeways Garage, Data Controller, Faenol Avenue, Abergele, Conwy, LL22 7HT Tel No. 01745 825847
The organisation collects and processes personal data relating its employees to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does the organisation collect?
The organisation collects and processes a range of information about you. This includes but not limited to:
• your name, address and contact details, including email address and telephone number, date of birth and gender;
• the terms and conditions of your employment;
• details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with the organisation;
• information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
• details of your bank account and national insurance number;
• information about your marital status, next of kin, dependants and emergency contacts;
• information about your nationality and entitlement to work in the UK;
• information about your criminal record;
• details of your schedule (days of work and working hours) and attendance at work;
• details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
• details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
• assessments of your performance, including appraisals, performance reviews and ratings, performance improvement plans and related correspondence;
• information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments; and
• equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
The organisation may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of or during employment (such as benefit nomination forms); from correspondence with you; or through interviews, meetings or other assessments.
In some cases, the organisation may collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, information from credit reference agencies and information from criminal records checks permitted by law.
Data will be stored in a range of different places, including in your personnel file, in the organisation's HR management systems and in other IT systems (including the organisation's email system).
Why does the organisation process personal data?
The organisation needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefit, pension and insurance entitlements.
In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee's entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled.
In other cases, the organisation has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the organisation to:
• run recruitment and promotion processes;
• maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights;
• operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
• operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
• operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which they are entitled;
• obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled;