GDPR PRIVACY STATEMENT

In relation to any processing activity that involves personal data, we will before the processing starts for the first time:

• review the purposes of the particular processing activity, and select the most appropriate lawful basis for that processing, that is:
• that the EU Data Subject has consented to the processing;
• that the processing is necessary for the performance of a contract to which the EU Data Subject is party or in order to take steps at the request of the EU Data Subject prior to entering into a contract;
• that the processing is necessary for compliance with a legal obligation to which DESC is subject;
• that the processing is necessary for the protection of the vital interests of the EU Data Subject or of another natural person;
• that the processing is necessary for the performance of a task carried out in the public interest or exercise of official authority by DESC; or
• where DESC is not carrying out tasks as a public authority, that the processing is necessary for the purposes of the legitimate interests DESC or a third party, except where those interests are overridden by the interests of fundamental rights and freedoms of the EU Data Subject.
• except where the processing is based on consent, satisfy ourselves that the processing is necessary for the purpose of the relevant lawful basis;
• document our decision as to which lawful basis applies, to help demonstrate our compliance with the data protection principles;
• include information about both the purposes of the processing and the lawful basis for it in our privacy notices to you; and
• in the event that DESC processes sensitive personal data, DESC will identify a lawful special condition for processing that information (see paragraph 4 below), and document it.

Sensitive personal data (sometimes referred to as ‘special categories of personal data’) are personal data, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data.

In DESC, at the present moment the processing of sensitive personal data is prohibited regardless of the legal basis set out in section (3), above.

We will keep records of processing activities in accordance with the requirements of the GDPR.

We will conduct regular reviews of the personal data we process and update our documentation accordingly. This may include:

• carrying out information audits to find out what personal data DESC holds;
• distributing questionnaires and talking to staff across DESC to get a more complete picture of our processing activities; and
• reviewing our policies, procedures, contracts and agreements to address areas such as retention, security and data sharing.

DESC will issue privacy notices from time to time, informing the people from whom we collect information about the personal data that we collect and hold relating to them, how they can expect their personal data to be used and for what purposes.

We will take appropriate measures to provide information in privacy notices in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

EU Data Subjects have the following rights in relation to their personal data:

• to be informed about how, why and on what basis that data is processed;
• to obtain confirmation that their data is being processed and to obtain access to it and certain other information, by making a subject access request;
• to have data corrected if it is inaccurate or incomplete;
• to have data erased if it is no longer necessary for the purpose for which it was originally collected/processed, or if there are no overriding legitimate grounds for the processing (this is sometimes known as ‘the right to be forgotten’);
• to restrict the processing of personal data where the accuracy of the information is contested, or the processing is unlawful (but the EU Data Subject does not want the data to be erased), or where DESC no longer needs the personal data but the EU Data Subject requires the data to establish, exercise or defend a legal claim; and
• to object to the processing of personal data based on the legal basis stated in section (3) unless DESC demonstrates compelling legitimate grounds for the processing which override the EU Data Subject’s interests or for the establishment, exercise or defense of legal claims.

DESC will use appropriate technical and organizational measures in accordance with the DESC’s IT Security Policy and related policies to keep personal data secure, and in particular to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage. These may include:

• making sure that, where possible, personal data is password-protected or pseudonymised or encrypted;
• ensuring the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• ensuring that, in the event of a physical or technical incident, availability and access to personal data can be restored in a timely manner; and
• a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

Where DESC uses external organizations to process personal data on its behalf, if necessary and where appropriate, additional security arrangements shall be implemented in contracts with those organizations to safeguard the security of personal data. In particular, contracts with external organizations shall provide that:

• the organization may act only on the written instructions of DESC;
• those processing the data are subject to a duty of confidence;
• appropriate measures are taken to ensure the security of processing;
• sub-contractors are only engaged with the prior consent of DESC and under a written contract;
• the organization will assist DESC in providing subject access and allowing individuals to exercise their rights in relation to data protection;
• the organization will assist DESC in meeting its obligations in relation to the security of processing, the notification of data breaches and data protection impact assessments;
• the organization will delete or return all personal data to DESC as requested at the end of the contract; and
• the organization will provide DESC with whatever information it reasonably needs to ensure that they are both meeting their data protection obligations.

Personal data will be kept securely for no longer than is necessary for the purposes for which the data are processed.

Personal data would not be retained for any longer than necessary. The length of time over which data would be retained will depend upon the circumstances, including the reasons why the personal data was obtained.

Personal data that is no longer required will be deleted permanently from our information systems and any hard copies will be destroyed securely.

A data breach may take many different forms, for example:

• loss or theft of data or equipment on which personal data is stored;
• unauthorized access to or use of personal data either by a member of staff or third party;
• loss of data resulting from an equipment or systems (including hardware and software) failure;
• human error, such as accidental deletion or alteration of data;
• unforeseen circumstances, such as a fire or flood;
• deliberate attacks on IT systems, such as hacking, viruses or phishing scams; and/or
• where information is obtained by deception.

DESC will:

• investigate any reported actual or suspected data security breach;
• where applicable, make the required report of a data breach to the relevant supervisory authority without undue delay and, where possible within 72 hours of becoming aware of it, if it is likely to result in a risk to the rights and freedoms of individuals; and
• notify the affected individuals if a data breach is likely to result in a high risk to their rights and freedoms and notification is required by law.

DESC may transfer personal data to a third country or an international organization only if the recipient has provided appropriate safeguards (for example, by way of standard data protection clauses) or where we obtain the EU Data Subjects’ explicit consent to such transfers after they have been informed of the possible risks of such transfers.

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