SIG Data Protection Policy

Introduction

SIG is fully committed to compliance with the requirements of the Data Protection Act 1998 (“the Act”), which came into force on the 1st March 2000. SIG will therefore follow procedures that aim to ensure that all employees, contractors, agents, consultants or other servants of SIG who have access to any personal data held by or on behalf of SIG, are fully aware of and abide by their duties and responsibilities under the Act.

Statement of policy

In order to operate efficiently, SIG has to collect and use information about people with whom it works. These may include members of the public, current, past and prospective employees, clients and customers, and suppliers. This personal information must be handled and dealt with properly, regardless of how it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means, and there are safeguards within the Act to ensure this. SIG regards the lawful and correct treatment of personal information as very important to its successful operations and to maintaining confidence between SIG and those with whom it carries out business. SIG will ensure that it treats personal information lawfully and correctly. To this end SIG fully endorses and adheres to the Principles of Data Protection as set out in the Data Protection Act 1998.

The principles of data protection

The Act stipulates that anyone processing personal data must comply with Eight Principles of good practice.  These Principles are legally enforceable.

The Principles require that personal information is:

• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than necessary
• Processed in line with your rights
• Secure
• Not transferred to other countries without adequate protection

The Act provides conditions for the processing of any personal data.

Personal data is defined as, data relating to a living individual who can be identified from:

• That data;
• That data and other information which is in the possession of, or is likely to come into the possession of the data controller; and includes any expression of opinion about the individual and any indication of the intentions of the data controller, or any other person in respect of the individual.

Handling of personal information

SIG will, through appropriate management and the use of strict criteria and controls:-

• Observe fully conditions regarding the fair collection and use of personal information;
• Meet its legal obligations to specify the purpose for which information is used;
• Collect and process appropriate information and only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements;
• Ensure the quality of information used;
• Apply strict checks to determine the length of time information is held;
• Take appropriate technical and organisational security measures to safeguard personal information;
• Ensure that personal information is not transferred abroad without suitable safeguards;
• Ensure that the rights of people about whom the information is held can be fully exercised under the Act.

 These rights include:

• The right to be informed that processing is being undertaken;
• The right to receive a copy of one’s personal information within the statutory 40 days;
• The right to prevent processing in certain circumstances;
• The right to correct, rectify, block or erase information regarded as wrong information.

Roles and Accountabilities

All Employees

Employees are responsible for:

• Checking that any personal data provided in connection with their employment is accurate and up to date;
• Notifying SIG in writing if this information changes to ensure personal data provided is accurate and up to date, for example, change of address, name, etc;
• Ensuring they are familiar with and follow this policy, the eight data protection principles at all times.

Data Security

Employees are also responsible for ensuring that any personal data, whether in electronic or paper format, is held and processed securely including:

• Appropriately password/screen saver protection is in place prior to going home or leaving your workstation for any length of time;
• Not disclosing passwords to anyone;
• A suitable secure environment is in place for the storage of information on portable disks/manual records;
• Personal data is not disclosed either verbally or in writing, accidentally or otherwise, to any unidentified or unauthorised third party.

If an employee is in any doubt about what they may or may not do under data protection legislation, they must seek advice from their Manager. If they are in doubt and cannot get in touch with him/her, they must not disclose any personal data. 

Failure on the part of any employee to comply with any of the requirements set out in this policy and associated guidance is a disciplinary offence and may result in disciplinary action.  In some cases this could result in dismissal and also a criminal prosecution.

All Managers

In addition to the above, all Managers are responsible for ensuring:

• Their direct reports are aware of the employee’s obligations under the DPA, this policy and  of any local security protocols/requirements for the holding and processing of personal data (including any other users of SIG’s information systems that they are responsible for);
• Any personal data they hold for day to day operational management purposes (for example, notes that may be needed in relation to formal proceedings) is kept to a minimum, processed for a specific purpose and held confidentially in accordance with the eight data protection principles;
• Paper files and other records or documents containing personal/sensitive data are kept in a secure environment;
• Personal data held on computers and computer systems is protected by the use of secure passwords, which where possible have forced changes periodically;
• Individual passwords should be such that they are not easily compromised.

All Human Resources Personnel

In addition to the above, all employees who work in Human Resources Departments and handle personal data are responsible for:

• Ensuring all employment records are kept up to date and accurate;
• Limiting internal access to HR records to authorised users only (i.e. on the need to know principle, by restricting confidential personal data only to those who need to have access in order to carry out their duties/role effectively.  Other designated employees with a legitimate need, including Audit, Investigation and Legal Services are also granted access as appropriate);
• Obtaining written requests from management representatives prior to providing employee personal information;
• Verifying employee identification prior to facilitating personal data requests;
• Holding all manual HR records confidentially and securely in lockable storage, (which are only left open during normal office hours and files leaving the area will be booked in and out by an authorised HR employees only).

Disclosure Requests From and to External Organisations

• Disclosure requests are requests made from third parties to SIG for information about employees containing personal data. 
• You should not disclose any personal data to a third party without the consent of the employee, unless the disclosure is permitted by law under statute or is necessary for the prevention or detection of crime.
• Where a request by a third party for disclosure is made, which requires the consent of the employee to be given, then the employee must be informed as soon as is practicable and their consent obtained, unless SIG is prevented by law from doing so or if obtaining consent would prejudice a criminal or tax investigation.  Where a disclosure request is received, the identity and the authority of the person/organisation making it will be verified before any disclosure is made.

In addition, SIG will ensure that:

• There is someone with specific responsibility for data protection in the organisation;
• Everyone managing and handling personal information understands that they are contractually responsible for following good data protection practice;
• Everyone managing and handling personal information is appropriately trained to do so;
• Everyone managing and handling personal information is appropriately supervised;
• Anyone wanting to make enquiries about handling personal information, whether a member of staff or a member of the public, knows what to do;
• Queries about handling personal information are promptly and courteously dealt with;
• Methods of handling personal information are regularly assessed and evaluated;
• Performance with handling personal information is regularly assessed and evaluated;
• Data sharing is carried out under a written agreement, setting out the scope and limits of the sharing. Any disclosure of personal data will be in compliance with approved procedures.

All contractors, consultants, partners or other servants or agents of SIG must:

• Ensure that they and all of their staff who have access to personal data held or processed for or on behalf of SIG, are aware of this policy and are fully trained in and are aware of their duties and responsibilities under the Act.  Any breach of any provision of the Act will be deemed as being a breach of any contract between SIG and that individual, company, partner or firm;
• Allow data protection audits by SIG of data held on its behalf (if requested);
• Indemnify SIG against any costs arising from prosecutions, claims, proceedings, actions or payments of compensation or damages, without limitation.

All contractors who are users of personal information supplied by SIG will be required to confirm that they will abide by the requirements of the Act with regard to information supplied by SIG. 

Implementation

SIG has appointed a Data Protection Officer (Mark Smith). This officer and senior management will be responsible for instigating the implementation of this policy throughout the company.  The Data Protection Officer and senior management will also ensure that:

• Sufficient data protection training is provided, for staff within SIG.
• Best practice guidelines are developed.
• Compliance checks are conducted to ensure adherence, throughout the company, with the Data Protection Act.

Notification to the Information Commissioner

The Information Commissioner maintains a public register of data controllers. SIG is registered as such.

The Data Protection Act 1998 requires most data controllers that process personal data, to notify and renew their notification, on an annual basis.  Failure to do so is a criminal offence.

To this end the Data Protection Officer will be responsible for notifying and updating the Information Commissioner of the processing of personal data, within the company.

The Data Protection Officer will review the Data Protection Registration annually, prior to notification to the Information Commissioner.

Any changes to the registration will be notified to the Information Commissioner, within 28 days.

To this end, any changes made between reviews must be brought to the attention of the Data Protection Officer immediately.

The Group Chief Executive has lead responsibility for policy implementation within the Group and this policy is signed by the CEO to demonstrate the Board’s commitment. A copy of this policy is also posted on the SIG plc web site www.sigplc.com.
 

Chris Davies 

Group Chief Executive

Issue No: 1
Issue Date: October 2009
Document Ref: SIG-DPP