LM Education Limited (T/A Leadership Matters)
The EU General Data Protection Regulation (“GDPR”) came into force across the European Union on 25th May 2018, bringing with it significant changes to data protection law in the UK. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age and to ensure that all organisations take appropriate care with individuals’ personal data.
The 21st Century has brought with it a broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The new Regulation aims to standardise data protection laws and processing across the EU, affording individuals stronger, more consistent rights to access and control their personal information.
We are committed to ensuring the security and protection of the personal information that we process, and to providing a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place, which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this programme to meet the demands of the GDPR and the UK’s Data Protection Act 2018.
We are dedicated to safeguarding the personal information under our remit and to developing a data protection regime that is effective, fit for purpose and which demonstrates an understanding of, and appreciation for the new Regulations. The work we have done to achieve GDPR compliance is summarised in this statement and has included the implementation of new data protection roles, policies, procedures, controls and measures to ensure ongoing compliance.
ACTIONS TAKEN TO ACHIEVE GDPR COMPLIANCE
We have followed the Information Commissioner's Office GDPR 12 step guide to ensure full compliance, as follows:
• We familiarised ourselves with the laws, attended GDPR Seminars, took professional advice and delivered internal training for everyone. We developed and implemented an awareness action plan based on the Information Commissioner's Office guidelines.
• Policies & Procedures – We revised and implemented new data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws.
2.INFORMATION WE HOLD
• Information Audit -We carried out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
• Data Protection Impact Assessments (DPIA)- Where we process personal information we have developed procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
• Special Categories Data- Where we may obtain and process any special category information, we do so in complete compliance with the Article 9 requirements. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.
3.COMMUNICATING PRIVACY INFORMATION
• We take the privacy and security of individuals and their personal information very seriously and takes every reasonable measure and precaution to protect and secure the personal data that we process.
• Privacy Notice/Policy – We have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
• We ensure individuals can enforce their data protection rights, we provide easy to access information via our website of an individual’s right to access any personal information that we process about them and to request information about:
o What personal data we hold about them o The purposes of the processing o The categories of personal data concerned
o The recipients to whom the personal data has/will be disclosed o How long we intend to store your personal data for o If we did not collect the data directly from them, information about the source o The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
o The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
o The right to lodge a complaint or seek judicial remedy and who to contact in such instances
5.DATA SUBJECT ACCESS REQUESTS
• We have revised the DSAR procedures in line with current legislation. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.
• The data subject would need to send a subject access request in writing, either in a letter format or email requesting to see their personal data. We will respond to the request within 1 month, if the request is more complex and detailed it can take up to 2 months for this. We will transmit the ‘data subjects’ personal information in a folder format only. Only the ‘Data Subject’ and the Data protection officer will only have access to this folder.
6.LAWFUL BASIS FOR PROCESSING PERSONAL DATA
• We have reviewed all the processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to.
• We have conducted a Data Protection Impact Assessment to help identify and minimise the data protection risks of personal/sensitive data. We have records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
• Legitimate interests- We have determined that the processing of personal data is necessary for us to pursue our legitimate interests. We rely on ‘Legitimate interest’ as the lawful basis for processing personal data.
• We have considered the legitimate interests of the data subjects and do not believe that the interests or fundamental rights and freedoms of the data subject are overridden by this processing
• We have revised our consent mechanisms for obtaining personal/sensitive data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence with date records; and an easy to see and access way to withdraw consent at any time.
• We do not presently store or transfer personal information about children where parental or guardian consent is required for processing the data. However, should this requirement develop, we will have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data and safeguard the child in question.
9 DATA BREACHES
• Data breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
• The ‘Data Protection Officer’ will undertake a short period of investigation in order to establish whether a breach has in fact occurred. During that period of investigation, the data controller may not be regarded as being aware of the breach. However, the initial investigation will begin as soon as possible and will establish, with a reasonable degree of certainty, whether a breach has taken place and the possible consequences for individuals - a more detailed investigation can then follow.
• Following the investigation into a reported data breach the Data Protection Officer will decide if the data breach is serious enough to inform Information Commissioners Office.
10.DATA PROTECTION BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENTS
• We have adopted the ‘privacy by design and by default’ approach to data protection. Under the GDPR regulations we have implemented measures and procedures that adequately protect the privacy of the data subject and ensure that data protection is integral to all processing activities.
• We have accountability and governance measures in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities with a dedicated focus on privacy by design and the rights of individuals.
11.DATA PROTECTION OFFICER
• We have appointed a Data Protection Officer to ensure continuing and constituent compliance with the new data protection Regulations. The Data Protection Officer is responsible for promoting awareness of the GDPR across the organisation, assessing our GDPR compliance, identifying any gap areas and implementing the new policies, procedures and measures required to maintain full GDPR compliance.
• We understand that continuous employee awareness and understanding is vital to the continued compliance with the GDPR. We have updated our induction process for all new employees to make them aware of their personal responsibility to comply with our GDPR data protection policy and processes.
• We do not presently store or transfer personal information outside the EU (International Data Transfers & Third-Party Disclosures).
DATA PROTECTION OFFICER CONTACT DETAILS
If you have any questions about GDPR or our procedures, please contact our Data Protection Officer.
ICO Number: ZA373843