Contents
3 Privacy and Personal Data Protection Policy.. 3
3.1 The General Data Protection Regulation. 3
3.3 Principles Relating to Processing of Personal Data. 4
3.4 Rights of the Individual. 5
3.7 Transfer of Personal Data. 6
3.8 Data Protection Officer. 6
3.10 Addressing Compliance to the GDPR.. 7
List of Tables
Table 1 - Timescales for data subject requests. 5
In its everyday business operations INNOVO Denture Laboratories Ltd makes use of a variety of data about identifiable individuals, including data about:
In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps INNOVO Denture Laboratories Ltd is taking to ensure that it complies with it.
This control applies to all systems, people and processes that constitute the organisation’s internal manufacturing processes including information systems, including board members, directors, employees, suppliers and other third parties who have access to INNOVO Denture Laboratories Ltd systems.
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that INNOVO Denture Laboratories Ltd carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is INNOVO Denture Laboratories Ltd policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
There are a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all However, the most fundamental definitions with respect to this policy are as follows:
Personal data is defined as:
‘processing’ means: (INNOVO Denture Laboratories Ltd is a processor)
any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, 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;
‘controller’ means: (Dental Practice, other Dental Laboratories)
the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
There are a number of fundamental principles upon which the GDPR is based.
These are as follows:
(a) Processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
INNOVO Denture Laboratories Ltd must ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.
The data subject also has rights under the GDPR. These consist of:
Each of these rights must be supported by appropriate procedures of the controller, however INNOVO Denture Laboratories Ltd needs to be aware of the legal requirements and liaise with the controller. With the intention that this will allow the required action to be taken within the timescales stated in the GDPR.
These timescales are shown in Table 1.
Data Subject Request | Timescale |
The right to be informed | Within one month |
The right of access | One month |
The right to rectification | One month |
The right to erasure | Without undue delay |
The right to restrict processing | Without undue delay |
The right to data portability | One month |
The right to object | On receipt of objection |
Rights in relation to automated decision making and profiling. | Not specified |
Table 1 - Timescales for data subject requests
Consent is obtained by the Data Controllers; INNOVO Denture Laboratories Ltd is the data processor.
INNOVO Denture Laboratories Ltd has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.
The data protection impact assessment will include:
Use of techniques such as data minimization and pseudonymisation should be considered where applicable and appropriate.
Transfers of personal data outside the European Union must be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.
A defined role of Data Protection Officer (DPO) is required under the GDPR if an organisation is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Based on these criteria, INNOVO Denture Laboratories Ltd does not require a Data Protection Officer to be appointed.
It is INNOVO Denture Laboratories Ltd policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant Data Protection Authority (DPA) will be informed within 72 hours. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security incidents. This is also covered in section 2.
The following actions are undertaken to ensure that INNOVO Denture Laboratories Ltd complies at all times with the accountability principle of the GDPR:
These actions will be reviewed on a regular basis as part of the management review process of the information security management system.
