Introduction
Small Screen Talent is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
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 the personal data to which they have access in the course of their work. In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
Definitions
Business purposes
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and business 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
– Processing on behalf of our customers
Personal data
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal data we gather may include: individuals’ phone number, email address, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.
Special categories of personal data
Special categories of data include information 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, and genetic and biometric information – any use of special categories of personal data should be strictly controlled in accordance with this policy.
Data controller
‘Data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.
Data processor
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Processing
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Supervisory authority
This is the national body responsible for data protection. The supervisory authority for our organisation is the Information Commissioners Office.
Scope
This policy applies to all staff, who must be familiar with this policy and comply with its terms.
This policy supplements our other policies relating to internet and email use. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.
Who is responsible for this policy?
Our data protection officer (DPO), has overall responsibility for the day-to-day implementation of this policy. Should you require and further information about this policy you should speak to your usual contact to be put in touch with the DPO.
The principles
We shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:
- Lawful, fair and transparent Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
- Limited for its purpose Data can only be collected for a specific purpose.
- Data minimisation Any data collected must be necessary and not excessive for its purpose.
- Accurate The data we hold must be accurate and kept up to date.
- Retention We cannot store data longer than necessary.
- Integrity and confidentiality The data we hold must be kept safe and secure.
Accountability and transparency
We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. We are responsible for keeping a written record of how all the data processing activities we are responsible for comply with each of the Principles. This must be kept up to date and must be approved by the DPO.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. We are responsible for understanding our particular responsibilities to ensure we meet the following data protection obligations:
- Fully implement all appropriate technical and organisational measures
- Maintain up to date and relevant documentation on all processing activities
- Conducting Data Protection Impact Assessments
- Implement measures to ensure privacy by design and default, including:
o Data minimisation
o Pseudonymisation
o Transparency
o Allowing individuals to monitor processing
o Creating and improving security and enhanced privacy procedures on an ongoing basis
Our procedures
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful. Data subjects have the right to have any data unlawfully processed erased.
Controlling vs. processing data
Small Screen Talent is classified as a data controller and a data processor. We must maintain our appropriate registration with the Information Commissioners Office in order to continue lawfully controlling and processing data.
As a data processor, we must comply with our contractual obligations and act only on the documented instructions of the data controller. If we at any point determine the purpose and means of processing without the instructions of the controller, we shall be considered a data controller and therefore breach our contract with the controller and have the same liability as the controller. As a data processor, we must:
- Not use a sub-processor without written authorisation of the data controller
- Co-operate fully with the ICO or other supervisory authority
- Ensure the security of the processing
- Keep accurate records of processing activities
- Notify the controller of any personal data breaches
If you are in any doubt about how we handle data, contact the DPO for clarification.
Lawful basis for processing data We must establish a lawful basis for processing data. We will ensure that any data we are responsible for managing has a written lawful basis approved by the DPO. It is our responsibility to check the lawful basis for any data we are working with and ensure all of our actions comply with the lawful basis. At least one of the following conditions must apply whenever we process personal data:
- Consent Recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose must be held.
- Contract The processing is necessary to fulfil or prepare a contract for the individual.
- Legal obligation We have a legal obligation to process the data (excluding a contract).
- Vital interests Processing the data is necessary to protect a person’s life or in a medical situation.
- Public function Processing is necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
- Legitimate interest The processing is necessary for legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
Deciding which condition to rely on
In making an assessment of the lawful basis, we must first establish that the processing is necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose. We cannot rely on a lawful basis if we can reasonably achieve the same purpose by some other means.
More than one basis may apply, and we will rely on what will best fit the purpose, not what is easiest.
We will consider the following factors and document the answers:
- What is the purpose for processing the data?
- Can it reasonably be done in a different way?
- Is there a choice as to whether or not to process the data?
- Who does the processing benefit?
- After selecting the lawful basis, is this the same as the lawful basis the data subject would expect?
- What is the impact of the processing on the individual?
- Are you in a position of power over them?
- Are they a vulnerable person?
- Would they be likely to object to the processing?
- Are you able to stop the processing at any time on request, and have you factored in how to do this?
Our commitment to the first Principle requires us to document this process and show that we have considered which lawful basis best applies to each processing purpose, and fully justify these decisions.
We must also ensure that individuals whose data is being processed by us are informed of the lawful basis for processing their data, as well as the intended purpose. This should occur via a privacy notice. This applies whether we have collected the data directly from the individual, or from another source.
In making an assessment of the lawful basis and implementing the privacy notice for the processing activity, we will have this approved by the DPO.
Special categories of personal data
What are special categories of personal data? Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
- race
- ethnic origin
- politics
- religion
- trade union membership
- genetics
- biometrics (where used for ID purposes)
- health
- sexual orientation
In most cases where we process special categories of 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 (e.g. 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.
The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.