Inform Communications Ltd (IC) are committed to ensuring the security and protection of the personal information that we process, and to provide 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 program to meet the demands of the GDPR and the [UK’s Data Protection Bill/insert relevant country DP law]. Law yet to be finalised.
IC are dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
Our preparation includes:
Information Audit – carrying 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.
Policies & Procedures – Implementing data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including: –
Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are 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.
Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
Data Breaches – our 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.
International Data Transfers & Third-Party Disclosures – where IC stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.
Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. 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.
Legal Basis for Processing – we have reviewed all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain 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.
Privacy Notice/Policy – we have revised our Privacy Notice(s) to comply with the GDPR, ensuring that clients advise all relevant individuals who choose to review how IC processes the personal information we process on behalf of the client, are 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. The privacy notice is created by the client, and updated as necessary from time-to-time and provided to IC along with confirmation of where and how this information is/should be made available to the client’s customers.
Obtaining Consent – we [have revised/are revising] our consent mechanisms for obtaining personal 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 an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
Direct Marketing – we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we have developed stringent 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).
Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.
Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. 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.
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via our website, in the office, and during induction, of an individual’s right to access any personal information that IC processes about them and to request information about: –
What personal data we hold about them
The purposes of the processing
The categories of personal data concerned
The recipients to whom the personal data has/will be disclosed
How long we intend to store your personal data for
If we did not collect the data directly from them, information about the source
The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
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
The right to lodge a complaint or seek judicial remedy and who to contact in such instances
Information Security & Technical and Organisational Measures
IC takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures, including:
The following defines the specific elements that relate to IC and the relationship between IC and clients.
IC only collects customer personal information on behalf of the client, for the sole purpose of transcribing the agreed information, collected via the clients agreed IVR and digital services, that IC provides to the customers on the client’s behalf, creating data files in a format agreed with the client, and transfer the data to the Client’s agreed target systems, databases or any other specified and agreed client location or systems.
Scripts to define the specific information requested from the client’s customers are agreed in advance of service provision and updated fro time-to-time. Where updates or additions to the information collected, a risk assessment is conducted to identify any potential security issues and resolves them.
IC warrants that, at no time in the process, from data collection to successful transfer to the client, does the date reside anywhere other than within the UK.
IC Data processing
The management software/system is based on an in-house designed system under the control of the DC.
The secure management system is only accessible to authorised CSA’s under the direct supervision of the DM, with password protection and physical and technical monitoring.
No data forwarding, copying, or transferring of data files is possible within the data management system.
Relevant client customer Data collected by IC
The personal data collected from the client’s customers, via the agreed customer information access methods, IVR telephone, web forms or any other agreed method, is defined within the contract and service specification, which may vary from time-to-time, subject to prior agreement between IC and the client, with corresponding authorised contract/agreements being put in place.
This may vary subject the agreed script and date collection points, but may include:
Customer’s personal data;
Full address – including postcode
Personal telephone number
Account number – where relevant
Choice of payment arrangement terms
Other – Per contact/service specification
Personal data during transfer between the IC data management system and the client
Any breaches of data security, during the transfer of the data from IC and arriving at the clients’ agreed/requested location, whether that be by digital transfer, excel spreadsheet, email or any other method requested by the client, the responsibility of the security rests solely on the client.
All transfers are sent via egress, providing a further layer of security.
The client needs to ensure that the location and method of data transfer, and the location, systems or client processing team where the data is received by the client is secure.
Once the data has arrived successfully with the client, then full responsibility for the security of the data rests solely with the client, and IC will not accept any responsibility, whatsoever, for any breach of the security levels set by the client and any associated regulatory bodies, within their own in-house systems, management processes, or data storage and security arrangements, and resting in the client’s domain.
a. How would we deal with an individual’s right to erasure?
Any request for erasure from one of your clients, will be directed, initially to you as the client, as IC doesn’t place any data into the public domain. However, in the highly unlikely event of a direct request being received by IC directly, then we would immediately engage with you as the client and follow the same criteria and provide the same support as described below.
b. Can the IC system delete individual fields?
In the event that you receive a customer request to erase their personal data, there are 4 elements for providing support to the client in responding to the request;
1. If the personal customer data has been received and transcribed into the IC system, and has been identified as not having being already destroyed, during the on-going destruction process, IC can, provided with full details of the data requested to be erased, locate, identify and permanently erase the specific full record or individual field(s).
2. If the data, at the time of the request, has been identified as having already been erased as part of the IC , or IC has erased the data following a request to do so by the client, then IC , at this point, will provide a written, full incident report to the client to support the clients response to the customer’s request, if requested to do so by the client.
3. In the event that, following one of your customer providing their data via any of the data collection methods within IC systems and your service, and subsequently advises the client that they wish to have this data erased, then IC will work with the client in the investigation into the incident, identify what remedial actions should be taken and, if the breach involves IC, agree and deploy any remedial action required to avoid a similar breach occurring.
4. Once the data has been successfully been received, transcribed and processed within the IC system and successfully forwarded to the clients agreed location and systems, and in the agreed format/process, and then erased by IC , IC cannot engage further other than to provide IC’s full support as defined in 2. above.
Client customer breach claims/alerts
During the brief period when IC has the relevant data held within the IC secure systems, and prior to the data being fully and successfully transferred to the client target location, no customer data breach occurrences will occur, as the data is not, and cannot made available into the public domain.
During this period, and prior to successful data transfer to the client and/or the point at which destruction occurs, a query from the client in regard to any specific information, MAY be possible to provide a response, if the date still exists within the IC data management system. However, full details of the data in question and the reason for the breach occurring will need to be provided to IC. See Destruction programme below.
Data Destruction programme
The IC data destruction programme, commences immediately following the successful transfer of data to the client. This programme follows an order of date and time. Therefore, depending on the volumes of data collected by IC clients, at any given time, the period between customer data being collected by the IC data management system, transcribed into the IC data management system and successfully transferred to the client, may be a period of days, or up to a maximum of 30 calendar days.
This programme is automatic, so, continually delete relevant data without prompting.
In the event of a data breach
In the highly unlikely event of client customer identifying a personal data breach, and the client advising IC of such a breach, this can only have occurred occur during the period defined above where the data may be in transit from one system to another. In this case, we would not have data to search for historical events and IC would not be able to provide support to the client, or engage in any rectification/compensation claims against the client, as IC has no control over the data from this point onwards.
GDPR and promoting your services to your customers
IC recommends that the clients’ IC IVR service(s), are, where data collection forms part of the customer process, that the option is provided to the customer, only at the beginning of any data collection sections, to choose to listen to a summary statement regarding their data protection rights and/or to listen to the client’s website address where further/full GDPR information can be found, with the customer then having the option to proceed with completing the data collection service.