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Data Protection Policy

Contents

Description
Introduction
Purpose
Scope
Policy Statement
Privacy Policy – Data Protection Principles:
1. Processed lawfully, fairly and in a transparent manner
2. Collected for specified, explicit and legitimate purpose
3. Adequate, relevant and limited to what is necessary
4. Accurate and where necessary, kept up to date
5. Retained only for as long as necessary
6. Processed in an appropriate manner to maintain security
Demonstrating Compliance with GDPR’s other Principles (Accountability)
Consent
Data Subjects Rights
Subject Access Requests
Security of Data
Retention and Disposal of Data
Data Flow
Data Protection Risks
1. Data Storage
2. Data Usage
3. Data Accuracy
4. Providing Information
Roles and Responsibilities
Definitions

Introduction

‘‘Nurse-Ireland’’ needs to gather and use certain information about individuals. 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, stored and erased, to meet the company’s data protection standards thus complying with the legislation.

Purpose

This data protection policy ensures ‘Nurse-Ireland’:

Scope

The General Data Protection Regulation 2016 (GDPR) replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e., living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.

Policy Statement

‘Nurse-Ireland’, located at Nurse-Ireland 57 Clontarf Road, Dublin 3, Ireland. Eircode: D03 A7P0  is committed to compliance with all relevant EU and Irish law in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information we collect and process in accordance with the (GDPR). We are committed to protecting and respecting personal data. We wish to be transparent on how we process personal data and demonstrate that we are accountable with the GDPR in relation to our processing of the data.  

The GDPR describes how organisations 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.

Privacy Policy – Data Protection Principles

The GDPR is underpinned by six important principles requiring that personal data be:

  1. Processed lawfully, fairly and in a transparent manner;
  2. Collected for specified, explicit and legitimate purpose;
  3. Adequate, relevant and limited to what is necessary;
  4. Accurate and where necessary, kept up to date;
  5. Retained only for as long as necessary;
  6. Processed in an appropriate manner to maintain security.

The GDPR and this policy are applicable to all personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organisation processes from any source.

‘Nurse-Ireland’’ is responsible for reviewing the register of data processing annually, in light of any changes to ‘Nurse-Ireland’’ activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments (DPIA’s).

Partners and any third parties working with or for ‘Nurse-Ireland’, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy.

No third party may access personal data held by ‘Nurse-Ireland’ without having first entered into a data confidentiality agreement which imposes obligations on the third party no less onerous than those to which we are committed, and which gives us the right to audit compliance with the agreement.

  1. Personal Data must be processed lawfully, fairly and in a transparent manner

‘Nurse-Ireland’ will not process any personal data unless there is a legal basis to do so (under GDPR) such as consent, or it is necessary for the performance of a contract 1. 

Therefore, processing will be lawful if:

  1. The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; or
  2. the data subject has given consent to the processing of his or her personal data for one or more specific purposes (e.g., for marketing purposes).

The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.  See GDPR Regulation (EU) 2016/679.  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:

1The other four lawful basis are in short; 1) legitimate interest, 2) it is necessary for compliance with a legal
obligation, 3) it is in the public interest and 4) to protect the vital interests of the data subject.

Data obtained for specified purposes must not be used for a purpose that differs

‘Nurse-Ireland’ is responsible for ensuring that ‘Nurse-Ireland’ do not collect information that is not strictly necessary for the purpose for which it is obtained.

All data collection forms, e.g., proposal forms/application forms (electronic or paper-based), must include a fair processing statement or link to a privacy statement and be approved by ‘Nurse-Ireland’. Callers should be advised that the privacy statement is available on the website[2].

‘Nurse-Ireland’ will ensure that, on an (annual) basis all data collection methods are reviewed by (internal audit/external experts) to ensure that collected data continues to be adequate, relevant and not excessive.

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.

‘Nurse-Ireland’ is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.

It is also the responsibility of the data subject to ensure that data held by ‘Nurse-Ireland’ 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.

‘Nurse-Ireland’ is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date considering the volume of data collected, the speed with which it might change and any other relevant factors.

On an annual basis, ‘Nurse-Ireland’ will review the retention dates of all the personal data processed by ‘Nurse-Ireland’ , by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose. 

Where personal data is retained beyond the processing date, it will be minimised, encrypted/pseudonymised, in order to protect the identity of the data subject, in the event of a data breach.

Personal data will be retained in line with the Retention of Records Procedure/Schedule and, once its retention date has passed, it must be securely destroyed, as set out in this procedure.

2‘Nurse-Ireland’ must specifically approve any data retention that exceeds the retention periods defined in the Retention of Records Procedure and must ensure that the justification is clearly identified, and in line with the requirements of the data protection legislation.  This approval must be in written format.

In determining appropriateness, ‘Nurse-Ireland’, 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 ‘Nurse-Ireland’ itself, and any likely reputational damage, including the possible loss of customer trust.

When assessing appropriate technical measures, ‘Nurse-Ireland’ will consider the following:

When assessing appropriate organisational measures, ‘Nurse-Ireland’ will consider the following:

These controls have been selected, based on identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.

Demonstrating compliance with the GDPR’s other Principles (Accountability)

The GDPR includes provisions that promote accountability and governance. These compliment the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires ‘Nurse-Ireland’ to demonstrate that we comply with the principles and states explicitly that this is our responsibility.

Consent

‘Nurse-Ireland’ understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.

‘Nurse-Ireland’ also understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the grounds of misleading information will not be a valid basis for processing.

There must be some active communication between the parties to demonstrate “active consent”. Consent cannot be inferred from non-responsive communications. We must be able to demonstrate that consent was obtained for the processing operation.

For sensitive data, explicit consent from data subjects must be obtained unless an alternative legitimate basis for processing exists.

Data Subjects’ Rights

Data subjects have the following rights regarding data processing, and the data that is recorded about them:

Data Subject Access Requests

All individuals who are the subject of personal data held by ‘Nurse-Ireland’ are entitled to:

Should an Individual contact the Nurse-Ireland requesting this information, this is called a Subject Access Request.

Subject Access Requests from individuals should be made by email, if possible, addressed to ‘Nurse-Ireland’ at hello@nurse-ireland.com. ‘Nurse-Ireland’ can supply a standard request form, although individuals do not have to use this.

We will aim to provide the relevant data within 30 days.  Where we are unable to provide the requested data to the data subject within 30 days, we will advise the data subject and provide the reason why. 

We will always verify the identity of anyone making a subject access request before handing over any information.

Security of Data

All Employees/Staff are responsible for ensuring that any personal data that ‘Nurse-Ireland’ holds and for which we are responsible, is kept securely and is not, under any conditions, disclosed to any third party unless that third party has been specifically authorised by ‘Nurse-Ireland’ to receive that information and has entered into a confidentiality agreement.

All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy.

All personal data should be treated with the highest security and must be kept:

Care must be taken to ensure that PC screens and terminals are not visible except to authorised employees/staff of ‘Nurse-Ireland’. All employees/staff are required to enter into a Confidentiality Agreement before they are given access to organisational information of any sort, which details rules on screen time-outs etc.

Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with our policies, provided that this removal does not infringe our other legal responsibilities and obligations.  Personal data may only be deleted or disposed of in-line with the data retention period listed in our Privacy Policy.

Records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed, as required before disposal.

Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site.

Retention and Disposal of Data

‘Nurse-Ireland’ shall not retain personal data for a longer period than is necessary, in relation to the purpose(s) for which the data was originally collected, except where it is required to be retained to meet other legislative or regulatory obligations.

‘Nurse-Ireland’ may also store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.

Personal data must be disposed of securely, in accordance with the sixth principle of the GDPR.  Thus, processed in an appropriate manner, to maintain security, thereby, protecting the “rights and freedoms” of data subjects.  Any disposal of data will be done in accordance with the data retention period listed in our Privacy Policy.

Data flow

‘Nurse-Ireland’ has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance regime namely;

‘Nurse-Ireland’ assesses the level of risk to individuals associated with the processing of their personal data. 

‘Nurse-Ireland’ will manage any risks identified by the risk assessment, to reduce the likelihood of a non-conformance with this policy.

Where a type of processing, particularly using new technologies and considering the nature, scope, context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, we will, prior to the processing, carry out a Data Protection Impact Assessment (DPIA) on the impact the envisaged processing operations will have on the protection of personal data. A single Data Protection Impact Assessment (DPIA) may address a set of similar processing operations that present similar high risks.

Data Protection Risks

This policy helps to protect ‘Nurse-Ireland’ from potentially, serious data security risks, including:

  1. Data Storage

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 in paper format, 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:

  1. Data Usage   

Personal data is of no value to ‘Nurse-Ireland’ unless the business can make use of it.  However, it is when personal data is accessed and used, that it can be at the greatest risk of loss, corruption or theft. For example:

  1. Data Accuracy

The law requires ‘Nurse-Ireland’ to take reasonable steps to ensure data is kept accurately and up to date. The higher the importance, that the personal data is accurate, the greater the effort ‘Nurse-Ireland’ 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:

  1. Providing Information

‘Nurse-Ireland’ aims to ensure that individuals are aware that their data is being processed, and that they understand:

To this end, the Nurse-Ireland has a Privacy Policy setting out how data relating to individuals is used by the company. 

General Staff Guidelines

Roles and Responsibilities

‘Nurse-Ireland’ is a Data Controller and/or Data Processor under the GDPR. 

‘Nurse-Ireland’ has specific responsibilities in respect of data protection policies and procedures and is the first point of call for employees/staff, seeking clarification on any aspect of data protection compliance.

All Employees/Staff

Management and all those in managerial or supervisory roles throughout ‘Nurse-Ireland’ are responsible for developing and encouraging good information handling practices within ‘Nurse-Ireland’; responsibilities are set out in individual job descriptions.  Compliance with data protection legislation is the responsibility of all employees/staff of ‘Nurse-Ireland’ who process personal data.

Employees/staff of ‘Nurse-Ireland’ are responsible for ensuring that any personal data about them and supplied by them to ‘Nurse-Ireland’ is accurate and up to date.

Everyone who works for or with ‘Nurse-Ireland’ has some responsibility for ensuring data is collected, stored and handled appropriately.

Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

However, the following have key areas of responsibility:

Staff awareness training is mandatory for anyone who handles personal data or who is responsible for overseeing data protection practices.

‘Nurse-Ireland’ will also ensure that training is relevant to the work that employees do. For example, those responsible for processing personal data should be taught about their responsibilities and the threats that come with that.

Definitions

Definitions used by the Nurse-Ireland drawn from the General Data Protection Regulation (GDPR)

Personal Data

Any information relating to an identified or identifiable natural person (‘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.

Data Subject

Any living individual who is the subject of personal data held/processed by our organisation.

Processing

Any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means or not, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Personal Data Breach

A breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

Data Subject Consent

Any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.

Contacts

GDPR Owner, (Nurse-Ireland) email: hello@nurse-ireland.com

Policy Review