DATA PROTECTION POLICY

Adaro Optics Ltd, needs to collect and use certain types of information about staff, clients and other individuals who come into contact with the company in order to operate. In addition, it may be required by law to collect and use certain types of information to comply with statutory obligations of Local Authorities, government agencies and other bodies. We ensure that our Organisation treats personal information lawfully and correctly.

Adaro Optics Ltd are strongly committed to the rights of individuals whose data they collect and process and will comply with UK and EU laws related to personal information in- line with the EU General Data Protection Regulation (GDPR).

To comply with the requirements of GDPR Adaro Optics Ltd will:

  • Process personal information only where this is strictly necessary for legitimate organisational purposes
  • Collect only the minimum personal information required for these purposes and not process excessive amounts of personal information
  • Provide clear information to individuals about how their personal information will be used and who will be using the information
  • Only process relevant and adequate personal information
  • Process personal information fairly and lawfully
  • Keep all personal information secure
  • Maintain an inventory of the categories of personal information that is processed
  • Ensure they keep personal information accurate and up to date
  • Retain personal information only for as long as is necessary for legal or regulatory reasons or, for legitimate organisational purposes
  • Respect individuals’ rights in relation to their personal information as defined in the GDPR
  • Only transfer personal information outside the EU Member States in circumstances where it can be adequately protected and aligned with EU GDPR Regulations
  • Only apply exemptions permitted by data protection legislation
  • Identify internal and external stakeholders and the degree to which these stakeholders are involved in the governance of the organisation’s stored or processed personal information
  • Identify staff with specific responsibility and accountability for the ongoing maintenance and support of the requirements of the GDPR

The policy applies to all Employees and Processors of the Organisation such as outsourced suppliers. Any breach of the GDPR will be considered as a breach of the disciplinary policy and could also be considered a criminal offence, potentially resulting in prosecution.
All third parties working with or for Adaro, and who have or may have access to personal information, will be expected to comply with this policy. All third parties who require access to personal data will be required to sign a confidentiality agreement before access is permitted. This agreement will ensure that the third party has the same legal obligations as Adaro.

GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behaviour of data subjects who are resident in the EU.

The location, for the purposes of GDPR, of any data controller located in the EU will be the place where the controller makes the key decisions related to the data processing purpose. This is likely to be Adaro’s office in Kent.

Key Definitions

Personal data – this is defined as 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.

Special categories of personal data (i.e. sensitive data) – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

Data controller – 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 Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Data subject – any living individual who is the subject of personal data held by an organisation.

Processing – 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.

Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse, or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.

Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority (usually the Information Commissioner’s Office) where the breach is likely to adversely affect the personal data or privacy of the data subject.

Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.

Child – the GDPR defines a child as anyone under the age of 16 years old. The processing of personal data of a child under 13 years of age is only lawful if parental or custodian consent has been obtained.

Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Filing system – any structured set of personal data which is accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

Principles of Data Protection

Personal data must be processed lawfully, fairly and transparently. GDPR introduces the requirement for transparency whereby the controller has transparent and easily accessible policies relating to the processing of personal data and the exercise of individuals’ ‘rights and freedoms’.

Personal data can only be collected for specified, explicit and legitimate purposes. Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the Information Commissioner as part of Adaro’s GDPR registration.

Personal data must be adequate, relevant and limited to what is necessary for processing. The (Data Protection Officer/data protection owner) is responsible for ensuring that information, which is not strictly necessary for the purpose for which it is obtained, is not collected.
All data collection methods (electronic or paper-based), including data collection requirements in new information systems, must be approved by the (Data Protection Officer/data protection owner) and approval recorded.

The (Data Protection Officer/data protection owner) will ensure that all data collection methods are reviewed annually by internal audit or external experts to ensure that collection continues to be adequate, relevant and not excessive.

Personal Data Considerations

Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.

Where personal data is retained beyond the processing date, it will be encrypted in order to protect the identity of the data subject in the event of a data breach.

Personal data will be retained in line with the retention of records procedure and, once its retention date is passed, it must be securely destroyed as set out in the Retention of Records Procedure.

The (DPO/dpo) must specifically approve any data retention that exceeds the retention periods defined in the Retention of Records procedure and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.

Personal data must be processed in a manner that ensures its security. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed. Security controls will be subject to audit and review.

Adaro’s compliance with this principle is contained in its Information Security Management System (ISMS), which has been developed in line with ISO/IEC 27001:2013 and the Security Policy set out in the ISMS Manual.

Personal data shall not be transferred to a country or territory outside the European Union Member States unless that country or territory ensures an adequate level of protection for the ‘rights and freedoms’ of data subjects in relation to the processing of personal data.

The transfer of personal data outside of the EU Member States is prohibited unless one or more of the specified safeguards or exceptions apply.

Data subjects’ rights

Data subjects have the following rights regarding data processing, and the data that is recorded about them:

  • To make subject access requests regarding the nature of information held and to whom it has been disclosed
  • To prevent processing likely to cause damage or distress
  • To prevent processing for purposes of direct marketing

Data subjects may make data access requests as described in the Subject Access Requests procedure. This procedure also describes how Adaro will ensure that its response to the data access request complies with the requirements of the Regulation.

Disclosure of data

Adaro must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise utmost caution when asked to disclose personal data held on another individual to a third party. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of Adaro’s business.

GDPR permits a number of exemptions where certain disclosure without consent is permitted, as long as the information is requested for one or more of the following purposes:

  • To safeguard national security
  • Prevention or detection of crime including the apprehension or prosecution of offenders
  • Assessment or collection of tax duty
  • Discharge of regulatory functions (includes health, safety and welfare of persons at work)
  • To prevent serious harm to a third party
  • To protect the vital interests of the individual, this refers to life and death situations.

All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the (Data Protection Officer/data protection owner).

Disposal of records

Personal data must be disposed of in a way that protects the “rights and freedoms” of data subjects (e.g. shredding, disposal as confidential waste, secure electronic deletion).