ISMS-DOC-A18-5 Privacy and Personal Data Protection Policy
1 Introduction
In its everyday business operations Otto IT makes use of a variety of data about identifiable individuals, including data about:
- Current, past and prospective employees
- Customers
- Users of its websites
- Subscribers
- Other stakeholders
In collecting and using this data, the organization 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 Otto IT is taking to ensure that it complies with it.
This control applies to all systems, people and processes that constitute the organization’s information systems, including board members, directors, employees, suppliers and other third parties who have access to Otto IT systems.
The following policies and procedures are relevant to this document:
- Information Classification Procedure
- Information Labelling Procedure
- Acceptable Use policy
- Electronic Messaging Policy
- Internet Acceptable Use Policy
- Information Security Incident Response Procedure
- Information Security Roles, Responsibilities and Authorities
2 Privacy and personal data protection policy
2.1 The Privacy Act 1988
The Privacy Act 1988 is one of the most significant pieces of legislation affecting the way that Otto IT carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the Privacy Act, which is designed to protect the personal data of citizens Australia. It is Otto IT’s policy to ensure that our compliance with the Privacy Act and other relevant legislation is clear and demonstrable at all times.
2.2 Definitions
Personal data is defined as: 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.
Processing means: 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: 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.
2.3 Principles relating to processing of personal data
There are several fundamental principles upon which the Privacy Act is based.
These dictate that personal data shall be:
- Processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’).
- 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’).
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’).
- 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’)
- 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’).
- 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’).
In addition, the controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Otto IT must ensure that it complies with all 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 operation of an information security management system (ISMS) that conforms to the ISO/IEC 27001 international standard is a key part of that commitment.
2.4 Rights of the individual
The data subject also has rights under the Privacy Act. These consist of:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling.
Each of these rights must be supported by appropriate procedures within ###b Your Company ### that allow the required action to be taken within the timescales stated in the GDPR.
| DATA SUBJECT REQUEST | TIMESCALE |
|---|---|
| The right to be informed | When data is collected (if supplied by data subject) or within one month (if not supplied by data subject) |
| 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
2.5 Consent
Explicit consent must be obtained from a data subject to collect and process their data. In case of children below the age of 16, parental consent must be obtained. Transparent information about our usage of their personal data must be provided to data subjects at the time that consent is obtained and their rights regarding their data explained, such as the right to withdraw consent. This information must be provided in an accessible form, written in clear language and free of charge.
If the personal data are not obtained directly from the data subject, then this information must be provided within a reasonable period after the data are obtained and definitely within one month.
2.6 Privacy impact
Otto IT 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 privacy impact assessments.
The privacy impact assessment will include:
- Consideration of how personal data will be processed and for what purposes
- Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
- Assessment of the risks to individuals in processing the personal data
- What controls are necessary to address the identified risks and demonstrate compliance with legislation
Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.
2.7 Transfer of personal data
Transfers of personal data must be carefully reviewed prior to the transfer taking place.
2.8 Data protection officer
A defined role of Data Protection Officer (DPO) is required if an organization 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, Otto IT does not require a Data Protection Officer to be appointed.
2.9 Breach notification
It is Otto IT’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. 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 supervisory authority 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.
2.10 Addressing compliance
The following actions are undertaken to ensure that Otto IT complies at all times with the accountability expected.
The legal basis for processing personal data is clear and unambiguous
- All staff involved in handling personal data understand their responsibilities for following good data protection practice
- Training in data protection has been provided to all staff
- Rules regarding consent are followed
- Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
- Regular reviews of procedures involving personal data are carried out
- Privacy by design is adopted for all new or changed systems and processes
- The following documentation of processing activities is recorded:
- Organization name and relevant details
- Purposes of the personal data processing
- Categories of individuals and personal data processed
- Categories of personal data recipients
- Agreements and mechanisms for transfers of personal data including details of controls in place
- Personal data retention schedules
- Relevant technical and organisational controls in place
These actions will be reviewed on a regular basis as part of the management review process of the information security management system.
