The General Data Protection Regulation (GDPR) 2018 regulates the collection, use, disclosure and processing of personal information of individuals in the EU. It replaces existing European legislation, such as Data Protection Directive (officially Directive 95/46/EC), and introduces new requirements, it alters existing concepts, which means that businesses will need to review their existing processes to make sure they are compliant.
Private investigative businesses and services they provide (be that plain investigations, background checks, due diligence, insurance claims, etc) can involve significant personal data processing, so complete adoption of GDPR compliance is crucial. It is important for businesses to raise awareness of the changes, review current privacy notices, background screening policies and in general, their approach to this new age of data protection regulations and requirements, which GDPR 2018 certainly is.
CONTEXT AND OVERVIEW
|Replaces current policy on:||25th of May 2018||Policy prepared by:||Maria Tanase|
|Approved on:||08th of May 2018||Becomes operational on:||25th of May 2018|
CIDP “Maria Tanase” (also trading as Romania Investigations) needs to gather and use certain information about individuals and / or businesses.
These can include customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact.
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.
WHY THIS POLICY EXISTS
This data protection policy ensures CIDP “Maria Tanase” (also trading as Romania Investigations) shall:
- Comply with data protection law and follow good practice
- Protect the rights of staff, customers and partners
- Be opened on about how it stores and processes individuals’ data
- Protect itself from the risks of a data breach
DATA PROTECTION LAW
The GDPR 2018 describes how organisations — including CIDP “Maria Tanase” (also trading as Romania Investigations) — must collect, handle and store personal information.
These rules apply regardless of whether data is stored electronically, on paper or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
The GDPR 2018 is underpinned by eight important principles. These say that personal data must:
- Be processed fairly and lawfully
- Be obtained only for specific, lawful purposes
- Be adequate, relevant and not excessive
- Be accurate and kept up to date
- Not be held for any longer than necessary
- Processed in accordance with the rights of data subjects
- Be protected in appropriate ways
- Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection
PEOPLE, RISKS AND RESPONSIBILITIES
This policy applies to the head office of CIDP “Maria Tanase” (also trading as Romania Investigations) and also to (if existing):
- All branches of CIDP “Maria Tanase” (also trading as Romania Investigations)
- All staff and volunteers of CIDP “Maria Tanase” (also trading as Romania Investigations)
- All contractors, suppliers and other people working on behalf of CIDP “Maria Tanase” (also trading as Romania Investigations)
It also applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the GDPR 2018. This can include, but may not be limited, as follows:
- Names of individuals
- Postal addresses
- Email addresses
- Telephone numbers
DATA PROTECTION RISKS
This policy helps to protect CIDP “Maria Tanase” (also trading as Romania Investigations) from some very real data security risks, including:
- Breaches of confidentiality. For instance, information being given out inappropriately.
- Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
- Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.
Everyone who works for or with CIDP “Maria Tanase” (also trading as Romania Investigations) has some responsibility for ensuring data is collected, stored and handled appropriately, as follows:
- Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.
- However, these people have key areas of responsibility:
- Keeping the board updated about data protection responsibilities, risks and issues.
- Reviewing all data protection procedures and related policies, in line with an agreed schedule.
- Arranging data protection training and advice for the people covered by this policy.
- Handling data protection questions from staff and anyone else covered by this policy.
- Dealing with requests from individuals to see the data CIDP “Maria Tanase” (also trading as Romania Investigations) holds about them (also called ‘subject access requests’).
- Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
- Ensuring all systems, services and equipment used for storing data meet acceptable security standards.
- Performing regular checks and scans to ensure security hardware and software is functioning properly.
- Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services.
- Approving any data protection statements attached to communications such as emails and letters.
- Addressing any data protection queries from journalists or media outlets like newspapers.
- Where necessary, working with other staff to ensure marketing initiatives abide by data protection principal
GENERAL STAFF GUIDELINES
The following are general guidelines, which are mandatory to be observed and applied as per case may be:
- The only people able to access data covered by this policy should be those who need it for their work.
- Data should not be shared informally.
- Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
- In particular, strong passwords must be used and they should never be shared.
- Personal data should not be disclosed to unauthorised people, either within the company or externally.
- Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.
- When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
- These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
- When not required, the paper or files should be kept in a locked drawer or filing cabinet.
- Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
- Data printouts should be shredded and disposed of securely when no longer required.
- When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
- Data should be protected by strong passwords that are changed regularly and never shared between employees.
- If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
- Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services.
- Servers containing personal data should be sited in a secure location, away from general office space.
- Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
- Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
- All servers and computers containing data should be protected by approved security software and a firewall.
Personal data is of no value to CIDP “Maria Tanase” (also trading as Romania Investigations) , unless the business can make use of it. However, it is our resolve and policy as follows:
- When personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:
- When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
- Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
- Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.
- Personal data should never be transferred outside of the European Economic Area.
- Employees should not save copies of personal data to their own computers.
- Always access and update the central copy of any data.
The law requires CIDP “Maria Tanase” (also trading as Romania Investigations) to take reasonable steps to ensure data is kept accurate and up to date.
The more important it is that the personal data is accurate, the greater the effort CIDP “Maria Tanase” (also trading as Romania Investigations) should put into ensuring its accuracy.
It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible. Therefore:
- Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
- Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
- CIDP “Maria Tanase” (also trading as Romania Investigations) will make it easy for data subjects to update the information CIDP “Maria Tanase” (also trading as Romania Investigations) holds about them. For instance, via the company website.
- Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
SUBJECT ACCESS REQUESTS
All individuals who are the subject of personal data held by CIDP “Maria Tanase” (also trading as Romania Investigations) are entitled to:
- Ask what information the company holds about them and why.
- Ask how to gain access to it.
- Be informed how to keep it up to date.
- Be informed how the company is meeting its data protection obligations.
- If an individual contacts the company requesting this information, this is called a subject access request.
Subject access requests from individuals should be made by email, addressed to the data controller / data processor at firstname.lastname@example.org . The data controller may supply a standard request form, although individuals do not have to use this.
The data controller / data processor will always verify the identity of anyone making a subject access request before handing over any information.
DISCLOSING DATA FOR OTHER REASONS
In certain circumstances, the GDPR 2018 allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, CIDP “Maria Tanase” (also trading as Romania Investigations) will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from a legal adviser where necessary.
CIDP “Maria Tanase” (also trading as Romania Investigations) aims to ensure that individuals are aware that their data is being processed, and that they understand:
- How the data is being used
- How to exercise their rights
For more information on our data protection policy, our GDPR Service Agreement addendum or about other additional steps implemented starting the 25th of May 2018, please contact us at:
DATA PROTECTION – We, at Romania Investigations, take extremely serious protection of any data we come in touch with. As such, we devised a solid privacy and compliance policy, which governs our business and relation with our clients since 1991, the year of our incorporation.
Consent – Wherever possible, we obtain a consent before acquiring, holding or using personal data. Our forms, whether paper or web-based, which are designed to gather personal data do contain a statement explaining what the information is to be used for and who it may be disclosed to.
Sensitive data – We are particularly careful with sensitive personal data (i.e. information relating to race, political opinion, physical or mental health, religious belief, trade union membership, sexuality, criminal offences etc).
Review files – We only create and retain personal data where absolutely necessary. Securely disposal of or deletion of any personal data which is out of date, irrelevant or no longer required is mandatory. We run regular reviews of old files and discard unnecessary or obsolete data systematically.
Disposal of records – When discarding paper records that contain personal data we treat them confidentially (i.e. shred such files rather than disposing of them as waste paper). Similarly any unnecessary or out-of-date electronic records are deleted. We do not give away or sell our computers unless Information Services have ensured that all information stored on it has been removed or deleted.
Accuracy – We keep all personal data up to date and accurate, noting any changes of data and other amendments. If there is any doubt about the accuracy of personal data then we do not use it.
Security – We keep all personal data as securely as possible (e.g. in lockable filing cabinets or in rooms that can be locked when unoccupied). We do not leave records containing personal data unattended in offices or areas accessible. We also keep in mind that e-mail is not necessarily confidential or secure so should be secured and/or encrypted to the best of our abilities.
Disclosing data – We never reveal personal data to third parties without the consent of the individual concerned, of the client, or other reasonable justification. We endeavor to co-operate with Inland Revenue, National Courts or the National Police, but steps are first taken to ensure that such requests are genuine and legitimate.
Our Service Agreement on terms and conditions is here. You are encouraged to read and download the document, or just simply contact us for questions on Service Agreement or Privacy and Compliance terms.
Ethics – We always conduct our own services honestly and honorably, and expect our clients and suppliers to do the same. Our advice, strategic assistance and the methods imparted through our training, take proper account of ethical considerations, together with the protection and enhancement of the moral position of our clients and suppliers. If there appears to be a conflict between our Code of Conduct and the law, we always obey the law. But, if our COC sets a higher standard than the law requires, we understand that it must be the standard for behavior.
Confidentiality – We are committed to maintaining the highest degree of integrity in all our dealings with potential, current and past clients, both in terms of normal commercial confidentiality, and the protection of all personal information received in the course of providing the business services concerned. We extend the same standards to all our customers, suppliers and associates.
Duty of care – Our actions and advice will always conform to relevant law, and we believe that all businesses and organizations, including this consultancy, should avoid causing any adverse effect on the human rights of people in the organizations we deal with, the local and wider environments, and the well-being of society at large.
Conflict of interest – Due to the sensitive nature of our particular consultancy services, we will not provide a service to a direct competitor of a client, and we generally try to avoid any dealings with competitor companies even after the cessation of services to a client. Started in 1991, we do maintain and keep a detailed database which enables us to identify any such possible conflicts of interest.
Quality assurance – We maintain the quality of what we do through constant ongoing review with our clients, of all aims, activities, outcomes and the cost-effectiveness of every activity. We encourage regular review meetings and provide regular progress reports. This consultancy has been accredited under a number of quality assurance schemes. Further details are available on request.
MEANS OF INQUIRY AND LAW COMPLIANCE – We always endeavor to make our research and work as legally-proof as possible. We never undertake anything even remotely linked to what it may appear to be a non-legit project and in any case, we do not engage in downright illegal operations of an kind, shape or form these may be. We are always striving to observe the legality of our work; we do not put our clients at risk due to non legit reports sent to client for which he will have to answer to a court of law for the legality of it all.
If you have any questions regarding this document, or any queries at all regarding our policies of privacy and compliance, do not hesitate to contact us.