1. The purpose of this policy
The Data Protection Acts 1988 and 2003 (as amended) (the DPA) and, from the 25th of May 2018, the General Data Protection Regulation (the GDPR) impose obligations on us, as a Data Controller, to process personal data in a fair manner which notifies data subjects of the purposes of data processing and to retain the data for no longer than is necessary to achieve those purposes.
Under these rules, individuals have a right to be informed about how their personal data is processed. The GDPR sets out the information that we should supply to individuals and when individuals should be informed of this information. We are obliged to provide individuals with information on our retention periods or criteria used to determine the retention periods.
1.1. Grounds for processing
Under the DPAs and the GDPR, Securitas are required to provide data subjects with the legal grounds or lawful basis that they are relying on for processing personal data.
The legal grounds for processing personal data are as follows:
- Performance of a contract;
- Legal obligation;
- Vital interest;
- Public interest; or Legitimate interests.
Explicit consent is required where special categories, also known as sensitive personal data are being processed.
Securitas may be able to rely a number of legal bases for collecting personal data. For example, as employers, Securitas can justify processing an employee’s personal data as necessary for the performance of a contract and as part of a statutory requirement.
If there is no justification for retaining personal information, then that information should be routinely deleted. Information should never be kept "just in case" a use can be found for it in the future. If we want to retain information about our clients to help us to provide a better service to them in the future, we must obtain their consent in advance.
1.2. Further processing
Further retention of the personal data should be lawful only when it is compatible with the purposes for which it was originally collected. In this case no separate legal basis is required - it should be relied on where it is necessary, for exercising the right of freedom of expression and information, for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller, on the grounds of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defence of legal claims.
1.3. Right of erasure
Individuals have the right to have their personal data erased and no longer processed in the following circumstances:
- Where the personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed, or
- Where a data subject has withdrawn his or her consent or objects to the processing of personal data concerning him or her,
- Where the processing of his or her personal data does not otherwise comply with the GDPR.
That right is relevant in particular where the data subject has given his or her consent as a child and is not fully aware of the risks involved by the processing, and later wants to remove such personal data, especially on the internet.
The data subject should be able to exercise that right notwithstanding the fact that he or she is no longer a child.
2. Document Retention Procedure
As a company, we are required to retain certain records, usually for a specific amount of time. The accidental or intentional destruction of these records during their specified retention periods could result in the following consequences:
- Fines and penalties.
- Loss of rights.
- Obstruction of justice charges.
- Contempt of court charges.
- Serious disadvantages in litigation.
We must retain certain records because they contain information that:
- Serves as Securitas’ corporate memory.
- Have enduring business value (for example, they provide a record of a business transaction, evidence Securitas’ rights or obligations, protect our legal interests or ensure operational continuity.
- Must be kept in order to satisfy legal, accounting or other regulatory requirements.
We must balance these requirements with our statutory obligation to only keep records for the period required and to comply with data minimisation principles. The retention schedule below sets out the relevant periods for the retention of Securitas’ documents.
3. Types of Documents
This policy explains the differences among records, disposable information, personal data and confidential information belonging to others.
A record is any type of information created, received or transmitted in the transaction of Securitas’ business, regardless of physical format. Examples of where the various types of information are located are:
- Appointment books and calendars.
- Audio and video recordings.
- Computer programs.
- Electronic files.
- Handwritten notes.
- Letters and other correspondence.
- Magnetic tape.
- Memory in mobile phones and PDAs.
- Online postings, such as on Facebook, Twitter, Vine and other sites.
- Performance reviews.
Therefore, any paper records and electronic files, that are part of any of the categories listed in the Records Retention Schedule contained in the Appendix to this policy, must be retained for the amount of time indicated in the Records Retention Schedule.
A record must not be retained beyond the period indicated in the Record Retention Schedule, unless a valid business reason (or a litigation hold or other special situation) calls for its continued retention.
If you are unsure whether to retain a certain record, contact the Data Protection Officer.
Our Data Protection Officer is: Paul Leonard firstname.lastname@example.org
If Paul Leonard is out of the office or is not available, you can contact:
- Joe Kenny - email@example.com
- Brian Doyle - firstname.lastname@example.org
- Michelle Collins - email@example.com
3.2. Disposable Information
Disposable information consists of data that may be discarded or deleted at the discretion of the user once it has served its temporary useful purpose and/or data that may be safely destroyed because it is not a record as defined by this policy. Examples may include:
- Duplicates of originals that have not been annotated.
- Preliminary drafts of letters, memoranda, reports, worksheets and informal notes that do not represent significant steps or decisions in the preparation of an official record.
- Books, periodicals, manuals, training binders and other printed materials obtained from sources outside of Securitas and retained primarily for reference purposes.
- Spam and junk mail.
3.3. Personal Data
Personal Data is defined as any data which can identify an individual either on its own or when combined with other data which we possess. Some examples of personal data include names and addresses, email addresses, CVs, details of previous employment, medical records and references. We have specific obligations relating to personal data as set out in the DPA.
3.4. Confidential Information Belonging to Others
Any confidential information that an employee may have obtained from a source outside of Securitas, such as a previous employer, must not, so long as such information remains confidential, be disclosed to or used by Securitas. Unsolicited confidential information submitted to Securitas should be refused, returned to the sender where possible and deleted, if received via the internet.
4. The role of the Data Protection Officer in Records Management
Our Data Protection Officer, in conjunction with senior management, is responsible for identifying the documents that Securitas must or should retain, and determining, in collaboration with the Legal Department, the proper period of retention. The responsibilities of the Data Protection Officer include:
- Arranging for the proper storage and retrieval of records, coordinating with outside vendors where appropriate.
- Handling the destruction of records whose retention period has expired.
- Planning, developing and prescribing document disposal policies, systems, standards and procedures.
- Monitoring departmental compliance so that employees know how to follow the document management procedures and the Legal Department has confidence that Securitas’ records are controlled.
- Ensuring that senior management is aware of their departments' document management responsibilities.
- Developing and implementing measures to ensure that the Legal Department knows what information Securitas has and where it is stored, that only authorised users have access to the information, and that Securitas keeps only the information it needs, thereby efficiently using space.
- Establishing standards for filing and storage equipment and recordkeeping supplies.
- In cooperation with department heads, identifying essential records and establishing a disaster plan for each office and department to ensure maximum availability of Securitas’ records in order to re-establish operations quickly and with minimal interruption and expense.
- Determining the practicability of and, if appropriate, establishing a uniform filing system and a forms design and control system.
- In conjunction with the Legal Department, periodically reviewing the records retention schedules and legislation to determine if Securitas’ document management program and its Records Retention Schedule is in compliance with legislation.
- In conjunction with the Legal Department, informing the various department heads of any laws and administrative rules relating to corporate records.
- In conjunction with the HR Department explaining to employees their duties relating to the document management program.
- Ensuring that the maintenance, preservation, microfilming, computer disk storage, destruction or other disposition of Securitas’ records is carried out in accordance with this policy, the procedures of the document management program and our legal requirements.
- Planning the timetable for the annual records destruction exercise and the annual records audit, including setting deadlines for responses from departmental staff.
- Evaluating the overall effectiveness of the document management program.
- Reporting annually to the Legal Department on the implementation of the document management program in each of [Insert client name]’s departments.
5. How to Store and Destroy Records
Securitas’ records must be stored in a safe, secure and accessible manner. Any documents and financial files that are essential to our business operations during an emergency must be duplicated and/or backed up at least once per week and maintained off site.
Securitas is responsible for the continuing process of identifying the records that have met their required retention period and supervising their destruction. The destruction of personal data, confidential, financial and personnel-related records must be conducted by shredding. The destruction of electronic records must be coordinated with the IT Department /Manager.
The destruction of records must stop immediately upon notification from the Legal Department that a litigation hold is to begin because Securitas may be involved in a litigation or an official investigation. Destruction may begin again once the Legal Department lifts the relevant litigation hold.
6. Questions About the Policy
Any questions about this policy should be referred to the Data Protection Officer who is in charge of administering, enforcing and updating this policy.