4. Data protection principles
All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. Wiitrans’ policies and procedures are designed to ensure compliance with the principles.
4.1 Personal data must be processed lawfully, fairly and transparently
Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent.
Fairly – in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources.
The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.
Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language.
The specific information that must be provided to the data subject must, as a minimum, include:
•4.1.1 The identity and the contact details of the controller and, if any, of the controller's representative;
•4.1.2 The purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
•4.1.3 The period for which the personal data will be stored;
•4.1.4 The existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;
•4.1.5 The categories of personal data concerned;
•4.1.6 The recipients or categories of recipients of the personal data, where applicable;
•4.1.7 Where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
•4.1.8 Any further information necessary to guarantee fair processing.
4.2 Personal data can only be collected for specific, explicit and legitimate purposes
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the data subject.
4.3 Personal data must be adequate, relevant and limited to what is necessary for processing
•4.3.1 The Wiitrans is responsible for ensuring that Wiitrans does not collect information that is not strictly necessary for the purpose for which it is obtained.
•4.3.2 All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must include a fair processing statement or link to privacy statement.
•4.3.3 The Wiitrans will ensure that, on an annual basis all data collection methods are reviewed by internal audit to ensure that collected data continues to be adequate, relevant and not excessive.
4.4 Personal data must be accurate and kept up-to-date with every effort to erase or rectify without delay
•4.4.1 Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
•4.4.2 The Wiitrans is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.
•4.4.3 It is also the responsibility of the data subject to ensure that data held by Wiitrans is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.
•4.4.4 Employees/Staff and others should be required to notify Wiitrans of any changes in circumstance to enable personal records to be updated accordingly.
•4.4.5 Wiitrans ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
•4.4.6 On at least an annual basis, Wiitrans will review the retention dates of all the personal data processed by Wiitrans, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose.
•4.4.7 The Wiitrans is responsible for responding to requests for rectification from data subjects within one month (Subject Access Request Procedure). This can be extended to a further two months for complex requests. If Wiitrans decides not to comply with the request, the Wiitrans must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
•4.4.8 The Wiitrans is responsible for making appropriate arrangements that, where third-party organizations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
4.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
•4.5.1 Where personal data is retained beyond the processing date, it will be minimized and encrypted in order to protect the identity of the data subject in the event of a data breach.
•4.5.2 Personal data will be retained in line with the Privacy Notice and, once its retention date is passed, it must be securely destroyed as set out in this procedure.
•4.5.3 Wiitrans must specifically approve any data retention that exceeds the retention periods defined in Privacy Notice, 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.
4.6 Personal data must be processed in a manner that ensures the appropriate security
Wiitrans will carry out a risk assessment taking into account all the circumstances of Wiitrans’ controlling or processing operations.
In determining appropriateness, Wiitrans should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on Wiitrans itself, and any likely reputational damage including the possible loss of customer trust.
When assessing appropriate technical measures, Wiitrans will consider the following:
•Automatic locking of idle terminals;
•Removal of access rights for USB and other memory media
•Virus checking software and firewalls
•Role-based access rights including those assigned to temporary staff;
•Encryption of devices that leave the organisations premises such as laptops;
•Security of local and wide area networks;
•Privacy enhancing technologies such as pseudonym and anonymization;
•Identifying appropriate international security standards relevant to Wiitrans.
When assessing appropriate organizational measures the Wiitrans will consider the following:
•The appropriate training levels throughout Wiitrans;
•Measures that consider the reliability of employees (such as references etc.);
•The inclusion of data protection in employment contracts;
•Identification of disciplinary action measures for data breaches;
•Monitoring of staff for compliance with relevant security standards;
•Physical access controls to electronic and paper based records;
•Adoption of a clear desk policy;
•Storing of paper based data in lockable fire-proof cabinets;
•Restricting the use of portable electronic devices outside of the workplace;
•Restricting the use of employee’s own personal devices being used in the workplace;
•Adopting clear rules about passwords;
•Making regular backups of personal data and storing the media off-site;
•The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.
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.
4.7 The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)
The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires Wiitrans to demonstrate that Wiitrans comply with the principles and states explicitly that this is Wiitrans responsibility.
Wiitrans will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, breach notification procedures and incident response plans.