Steer Evaluation Procedure - Data Protection Policy

Introduction

(1.1) Steer needs to gather and use certain information about individuals.
(1.2) These can include customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact, such as the subject of surveys we conduct on behalf of clients.
(1.3) This policy describes how this Personal Data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law.
(1.4) It is important to understand what constitutes ‘Personal Data’ and ‘Special Category Personal Data’.
(1.5) Personal Data is any information identifying an individual (the Data Subject) that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behaviour. It could be in the form, for example, of a photograph, a car registration, a postcode, an IP address, or a job title.
(1.6) Special Category Personal Data is Sensitive Personal Data revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.
(1.7) Data protection laws, and particularly the General Data Protection Regulation (GDPR), govern the ‘Processing’ of Personal Data, that is any activity that involves the use of Personal Data (e.g. obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it). Processing also includes transmitting or transferring Personal Data to third parties.

Why this policy exists

(1.8) This Data Protection Policy ensures Steer:

  • Complies with data protection law and follow good practice

  • Protects the rights of employees, customers and partners

  • Is open about how it stores and processes individuals’ data

  • Protects itself from the risks of a data breach

(1.9) You must read, understand and comply with this Policy when Processing Personal Data on our behalf and attend training on its requirements when required to do so. This Policy must be read in conjunction with the Data Processing Toolkit which is available on ERIC provides further guidance on the processing of Personal Data for example for market research and surveys, recruitment and employment, and marketing.
(1.10) This Policy sets out what we expect from you in order for the Company to comply with applicable law. Your compliance with this Policy is mandatory. Any breach of this Policy may result in disciplinary action.
(1.11) This Policy is an internal document and cannot be shared without prior authorisation from the Privacy Manger (privacy@steergroup.com).

Scope

(1.12) We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. The Company is exposed to potential fines of up to EUR20 million depending on the breach, for failure to comply with the provisions of the GDPR.
(1.13) The Executive, as well as individual business areas, are responsible for ensuring all company employees, contractors and temporary workers, comply with this Policy.
(1.14) The Data Privacy Manager is responsible for overseeing this Policy. That post is held by Rebekah Mantle, Rebekah.mantle@sdgworld.net or privacy@steergroup.com.

Personal Data protection principles

(1.15) We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:
a. Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
b. Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
c. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
d. Accurate and where necessary kept up to date (Accuracy).
e. Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
f. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
g. Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
h. Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).
(1.16) We are responsible for and must be able to demonstrate compliance with the data protection principles listed above.

Lawfulness, fairness, transparency

Lawfulness and fairness

(1.17) Personal Data must be processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
(1.18) You may only collect, process and share Personal Data fairly and lawfully and for specified purposes. The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.
(1.19) The GDPR allows Processing for specific purposes, some of which are set out below:
a. the Data Subject has given his or her Consent;
b. the Processing is necessary for the performance of a contract with the Data Subject;
c. to meet our legal compliance obligations;
d. to protect the Data Subject’s vital interests;
e. to pursue our legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects.

The purposes for which we process Personal Data for legitimate interests need to be set out in applicable Privacy Notices.

In conjunction with the Data Privacy Manager, you must identify and document the legal ground being relied on for each Processing activity. 

How we collect Personal Data

(1.20) We may only process Personal Data on the basis of one or more of the lawful grounds set out in the GDPR, which include Consent, our Legitimate Interests and to meet our legal compliance obligations. We must identify and document the legal ground being relied on for each Processing activity.
(1.21) If you are intending on collecting or processing Personal Data, you must refer to and apply the Data Processing Toolkit before you begin the collection. If in any doubt, you must contact the Data Privacy Manager.

Transparency (notifying data subjects)

(1.22) Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, or to conduct market research, we must provide the Data Subject with all the information required by the GDPR (e.g. including our identity and that of any third party Processing Personal Data on our behalf, and the identity of the Data Privacy Manager, how and why we will use, Process, disclose, protect and retain that Personal Data), through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.
(1.23) When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.
(1.24) Again, if you are collecting Personal Data, you must refer to the Data Processing Toolkit before you begin the collection. If in any doubt, you must contact the Data Privacy Manager.

Purpose limitation

(1.25) Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.
(1.26) You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes (and if the data has been collected on the basis of Consent, renewed Consent is obtained).

Data minimisation

(1.27) Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed. In other words, we cannot collect more than we need for the intended purpose.
(1.28) You may only Process Personal Data when performing your job duties require it and in accordance with this Policy and the Data Processing Toolkit. You cannot Process Personal Data for any reason unrelated to your job duties.
(1.29) You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the company’s Records Retention Policy.

Accuracy

(1.30) Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
(1.31)  You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

Storage limitation

(1.32) Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
(1.33) You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purpose or purposes for which we originally collected.
(1.34) The company has a Records Retention Policy which is aimed to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time. You must comply with the Records Retention Policy and ensure that any third party who obtains Personal Data from us, only keeps Personal Data as long as necessary.
(1.35) You will ensure Data Subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice and refer to the Data Processing Toolkit in this regard.

Security integrity and confidentiality

Protecting Personal Data

(1.36) Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage. You must exercise particular care in protecting Special Categories of Personal Data from loss and unauthorised access, use or disclosure. Our Data Security and Acceptable Use Policies set out ways in which we can protect Personal Data and you must comply with these policies.
(1.37) You must maintain data security yourself by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
a. Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
b. Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
c. Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.

Reporting a Personal Data breach

(1.38) The GDPR requires us to notify any Personal Data breach to the regulator and, in certain instances, the Data Subject. You must familiarise yourself with the Data Breach Notification Plan.
(1.39) If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Please immediately notify the Data Privacy Manager and your Business Unit Head.

Transfer Limitation

(1.40) The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined.
(1.41) We have put appropriate safeguards in place with all our Offices outside the EU that allow us to send certain types of Personal Data to them, in certain circumstances. For example, for the purposes of sending information about secondees, or for the cross-office project work.
(1.42) Before you send any Personal Data outside the EEA, you must check with the Data Privacy Manager that the transfer is permitted.

Data subject’s rights and requests

(1.43) Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
a. withdraw Consent to Processing at any time;
b. receive certain information about the Data Controller’s Processing activities;
c. request access to their Personal Data that we hold;
d. prevent our use of their Personal Data for direct marketing purposes;
e. ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
f. restrict Processing in specific circumstances;
g. challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
h. request a copy of an agreement under which Personal Data is transferred outside of the EEA;
i. object to decisions based solely on Automated Processing[1], including profiling (ADM);
j. prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
k. be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
l. make a complaint to the Information Commission’s Office (which regulates Data Protection in the UK) or the equivalent in other European countries; and
m. in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine-readable format.
(1.44) You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
(1.45) You must immediately forward any Data Access Subject request you receive to the Data Privacy Manager, and it will be handled in accordance with our Subject Access Request Procedure. You must familiarise yourself with that procedure.

Accountability

Record keeping

(1.46) The GDPR requires us to keep full and accurate records of all our data Processing activities.
(1.47) If you are collecting Personal Data, you must keep and maintain accurate records reflecting our Processing including records of Data Subjects’ Consents and procedures for obtaining Consents. You must refer to the Data Processing Toolkit in this regard, and also inform the Data Privacy Manager of any such Processing in order that it can be added to our Records of Processing.

Training and audit

(1.48) You must undergo all mandatory data privacy related training and ensure your team undergo similar mandatory training.
(1.49) We will regularly review all the systems and processes to ensure they comply with this Policy, the Data Security Policy, the Acceptable Use Policy and the Record Retention Policy. The Information Governance Committee is responsible for ensuring that regular data privacy audits take place.

Privacy by design and data protection impact assessment (DPIA)

(1.50) We are required to consider the privacy of Data Subjects when we process their data. We must consider whether we need to process Personal Data (and could avoid doing so), whether we could anonymise that data or whether we could pseudonymise (i.e. replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person cannot be identified without the use of additional information which is meant to be kept separately and secure). We must consider whether we can limit access to that data. We must conduct a Data Privacy Impact Assessment (DPIA) in respect to high risk Processing such as the processing of large volumes of sensitive Personal Data. You should conduct a DPIA (and discuss your findings with the Data Privacy Manager) when implementing major system or business change programs involving the Processing of Personal Data including:
a. use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
b. Automated Processing including profiling and Automated Decision Making[2];
c. large scale Processing of Sensitive Data; and
d. large scale, systematic monitoring of a publicly accessible area (e.g. CCTV, ANPR)
(1.51) You must refer to, and follow, the DPIA sections of the Data Processing Toolkit whenever conducting any of the above activities.

Sharing Personal Data

(1.52) Generally, we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
(1.53) You may only share the Personal Data we hold with another employee, agent or representative of our group (which includes our subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.
(1.54) You may only share the Personal Data we hold with third parties, such as our service providers if:
a. they have a need to know the information for the purposes of providing the contracted services;
b. sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;
c. the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place; or
d. a fully executed written contract that contains GDPR approved third party clauses has been obtained; and
e. there is no transfer of Personal Data outside the EEA.

(1.55) If in any doubt as to whether you should share the Personal Data, you must check with our Data Privacy Manager.

Changes to this policy

(1.56) We reserve the right to change this Policy at any time so please check back regularly to obtain the latest copy of this Policy.
(1.57) This Policy does not override any applicable national data privacy laws and regulations in countries where the Company operates.

Questions

(1.58) Please contact the Data Privacy Manager at privacy@steergroup.com with any questions about the operation of this Policy or the GDPR or if you have any concerns that this Policy is not being or has not been followed.

 [1] Automated Processing is the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.

[2] Automated Decision Making is decision making which significantly affects an individual on the basis of Automated Processing.