Introduction

Kennedy Publishing are committed to conducting its business in accordance with data protection regulations.

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “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.

Kennedy Publishing needs to process certain information about its staff and customers and other individuals with whom we have a relationship.

To comply with various legal obligations, including the obligations imposed on it by the General Data Protection Regulation (GDPR) we must ensure that all personal information about individuals is collected and used fairly, stored safely and securely and not disclosed to any third party unlawfully.

General Data Protection Regulation (GDPR)

The GDPR regulates the processing of personal data, and protects the rights and privacy of all living individuals (including children), for example by giving all individuals who are the subject of personal data a general right of access to the personal data which relates to them. Individuals can exercise the right to gain access to their information by means of a ‘subject access request’. Personal data is information relating to an individual and may be in hard or soft copy (paper/manual files; electronic records; photographs; CCTV images), and may include facts or opinions about a person.

Responsibilities under the GDPR

Kennedy Publishing will be the ‘data controller’ under the terms of the legislation – this means it is ultimately responsible for controlling the use and processing of the personal data. The company appoints a Data Protection Officer (DPO), currently the Managing Director, who is available to address any concerns regarding the data held by the company and how it is processed, held and used. The Kennedy Publishing board is also responsible for all day-to-day data protection matters, and will be responsible for ensuring that all members of staff and relevant individuals abide by this policy, and for developing and encouraging good information handling within the company.

Individuals who provide personal data to the company are responsible for ensuring that the information is accurate and up to date.

Individuals Rights

The main rights for individuals under the GDPR will be:

• Subject access
• To have inaccuracies corrected
• To have information erased
• To prevent direct marketing
• To prevent automated decision making and profiling
• Data portability

Data Protection Principles

The legislation places a responsibility on every data controller to process any personal data in accordance with the eight principles. More detailed guidance on how to comply with these principles can be found in the DPCoP. Please follow this link to the ICO’s website: www.ico.org.uk

In order to comply with its obligations, Kennedy Publishing undertakes to adhere to the eight principles:

• Process personal data fairly and lawfully.

We will make all reasonable efforts to ensure that individuals who are the focus of the personal data (data subjects) are informed of the identity of the data controller, the purposes of the processing, any disclosures to third parties that are envisaged, given an indication of the period for which the data will be kept, and any other information which may be relevant.

• Process the data for the specific and lawful purpose for which it collected that data and not further process the data in a manner incompatible with this purpose.

We will ensure that the reason for which the company collected the data originally is the only reason for which we process that data, unless the individual is informed of any additional processing before it takes place.

• Ensure that the data is adequate, relevant and not excessive in relation to the purpose for which it is processed.

We will not seek to collect any personal data which is not strictly necessary for the purpose for which it was obtained. Forms for collecting data will always be drafted with this mind. If any irrelevant data is provided by individuals, they will be destroyed immediately.

• Keep personal data accurate and, where necessary, up to date.

We will review and update all data on a regular basis. It is the responsibility of the individuals giving their personal data to ensure that this is accurate, and each individual should notify the company if their personal data needs updating. It is the responsibility of the company to ensure that any notification regarding the change is noted and acted on.

• Only keep personal data for as long as is necessary.

We undertake not to retain personal data for longer than is necessary to ensure compliance with the legislation, and any other statutory requirements. This means the company will undertake a regular review of the information held and implement a cleansing process in accordance with our data retention policy. We will dispose of any personal data in a way that protects the rights and privacy of the individual concerned (e.g., secure electronic deletion, shredding and disposal of hard copy files as confidential waste).

• Process personal data in accordance with the rights of the data subject under the legislation.

Individuals have various rights under the legislation, including a right to:

• Be told the nature of the information the company holds and any parties to whom this may be disclosed.
• Prevent processing likely to cause damage or distress.
• Prevent processing for purposes of direct marketing.
• Be informed about the mechanics of any automated decision-making process that will significantly affect them.
• Not have significant decisions that will affect them taken solely by automated process.
• Sue for compensation if they suffer damage by any contravention of the legislation.
• Take action to rectify, block, erase or destroy inaccurate data.
• Request that the Office of the Information Commissioner assess whether any provision of the Act has been contravened.

We will only process personal data in accordance with individuals’ rights.

• Put appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data, and against accidental loss or destruction of data.

All members of staff are responsible for ensuring that any personal data which they hold is kept securely and not disclosed to any unauthorised third parties. We will ensure that all personal data is accessible only to those who have a valid reason for using it. The company will have in place appropriate security measures:

• Keeping all personal data in a lockable cabinet with key-controlled access.
• Password protecting personal data held electronically.
• Archiving personal data which are then kept securely (lockable cabinet).
• Placing any PCs or terminals, CCTV camera screens etc. that show personal data so that they are not visible except to authorised staff.
• Ensuring that PC screens are not left unattended without a password protected screen-saver being used.

In addition, we will put in place appropriate measures for the deletion of personal data – manual records will be shredded or disposed of as ‘confidential waste’ and appropriate contract terms will be put in place with any third parties undertaking this work. Hard drives of redundant PCs will be wiped clean before disposal or, if that is not possible, destroyed physically. This policy also applies to staff who process personal data ‘off-site’, e.g., when working at home, and in those circumstances additional care must be taken regarding the security of the data.

• Ensure that no personal data is transferred to a country or a territory outside the European Economic Area (EEA) unless that country or territory ensures adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

We will not transfer data to such territories without the explicit consent of the individual.

This also applies to publishing information on the Internet – because transfer of data can include placing data on a website that can be accessed from outside the EEA – so we will always seek the consent of individuals before placing any personal data (including photographs) on its website. If the company collects personal data in any form via its website, it will provide a clear and detailed privacy statement prominently on the website, and wherever else personal data is collected.

Lawful, Fair and Transparent Processing

Under GDPR we will obtain personal data by lawful and fair means and, where appropriate, with the knowledge and consent of the individual concerned. Where a need exists to request and receive the consent of an individual prior to the collection, use or disclosure of their personal data, the company is committed to seeking such consent.

Subject Access Rights (SARs)

Data subjects may make access request (SARs) at any time to find out more about their personal data which the company holds about them, what it is doing with that personal data, and why.

Data Subjects wishing to make a SAR should send their request to the Company’s Data Protection Officer by e-mail on dataprotection@kennedypublishing.co.uk.

Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

All SARs received shall be handled by the Company’s Data Protection Officer.

The Company does not charge a fee for handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

Data Protection Impact Assessments

The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.

Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

• The type(s) of personal data that will be collected, held, and processed;
• The purpose(s) for which personal data is to be used;
• The Company’s objectives;
• How personal data is to be used;
• The parties (internal and/or external) who are to be consulted;
• The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
• Risks posed to data subjects;
• Risks posed both within and to the Company; and
• Proposed measures to minimise and handle identified risks.

Data Breach Notification

All personal data breaches must be reported immediately to the Company’s Data Protection Officer.

If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g., financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described above) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

Data breach notifications shall include the following information:

• The categories and approximate number of data subjects concerned;
• The categories and approximate number of personal data records concerned;
• The name and contact details of the Company’s Data Protection Officer (or other contact point where more information can be obtained);
• The likely consequences of the breach;
• Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.