In accordance with the General Data Protection Regulation (GDPR), Peninsula has implemented this privacy notice to inform you, our client’s employee, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
This notice applies to current and former employees, workers and contractors of our clients about whom they seek our employment law or health and safety advice.
A) DATA PROTECTION COMPLIANCE
The Group has a Data Protection Officer, Andrew Martin, who can be contacted at:
The Peninsula, Victoria Place, Manchester, M4 4FB.
Telephone: 0844 892 2779
B) DATA PROTECTION PRINCIPLES
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
a) processing is fair, lawful and transparent
b) data is collected for specific, explicit, and legitimate purposes
c) data collected is adequate, relevant and limited to what is necessary for the purposes of processing
d) data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
e) data is not kept for longer than is necessary for its given purpose
f) data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
g) we comply with the relevant GDPR procedures for international transferring of personal data
C) TYPES OF DATA HELD
We may keep several categories of personal data about you in order to carry out effective and efficient processes and to provide advice to your employer. We keep this data within our secure computer systems.
Specifically, we may hold the following types of data:
a) personal details such as name, job title, age, salary, length of service, gender,
b) information relating to your employment with your employer, including:
i) job title and job descriptions
ii) your salary
iii) your wider terms and conditions of employment
iv) details of formal and informal proceedings involving you such as letters of concern, disciplinary and grievance proceedings, your annual leave records, appraisal and performance information
v) internal and external training modules undertaken
vi) information on time off from work including sickness absence, family related leave etc
D) LAWFUL BASIS FOR PROCESSING
The law on data protection allows us to process your data for certain reasons only. We process your data for our legitimate interests in order to provide your employer with employment law or health and safety advice. We may also process personal data in connection with the establishment, exercise or defence of legal claims.
E) SPECIAL CATEGORIES OF DATA
We may collect special categories of data are data relating to your:
b) sex life
c) sexual orientation
e) ethnic origin
f) political opinion
h) trade union membership
i) genetic and biometric data.
We may carry out processing activities using special category data:
a) for the purposes of providing advice to your employer for the purposes of providing employment law and health and safety advice to ensure that they meet their legal obligations to you.
Most commonly, we will process special categories of data when the following applies:
a) where it is necessary for the purposes of carrying out the obligations and exercising specific rights in the field of employment.
b) Where it is necessary for the establishment, exercise or defence of legal claims
c) we must process data for reasons of substantial public interest
d) you have already made the data public.
F) WHO WE SHARE YOUR DATA WITH
Employees within our company who have responsibility for the provision of employment law and health and safety advice will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.
We may share your data with third parties to comply with a legal obligation upon us.
We will not share your data with bodies outside of the European Economic Area.
G) PROTECTING YOUR DATA
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
H) RETENTION PERIODS
We only keep your data for as long as we need it for, which will be at least for the duration of your employer’s contract with us for the provision of services and 7 years after that contract is terminated. This is to facilitate statutory requirements and the establishment, exercise or defence of legal claims.
I) AUTOMATED DECISION MAKING
Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
J) INDIVIDUAL’S RIGHTS
You have the following rights in relation to the personal data we hold on you:
a) the right to be informed about the data we hold on you and what we do with it;
b) the right of access to the data we hold on you.
c) the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
d) the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
e) the right to restrict the processing of the data;
f) the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
g) the right to object to the inclusion of any information;
h) the right to regulate any automated decision-making and profiling of personal data.
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.
L) MAKING A COMPLAINT
If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.