DATA PROTECTION POLICY

Last Updated: 27/10/2023

A) INTRODUCTION
We may have to collect and use information about people with whom we work. These may include members, current, past and prospective employees, clients, and suppliers. This personal information must be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means.

We regard the lawful and correct treatment of personal information as very important to our successful operation and to maintaining confidence between us and those with whom we carry out business. We will ensure that we treat personal information lawfully and correctly.

To this end we fully endorse and adhere to the principles of the General Data Protection Regulation (GDPR).
This policy applies to the processing of personal data in manual and electronic records kept by us in connection with its human resources function as described below. It also covers our response to any data breach and other rights under the GDPR.

This policy applies to the personal data of job applicants, apprentices, volunteers, placement students, workers and self-employed contractors, members, current, past and prospective employees, clients, and suppliers. These are referred to in this policy as relevant individuals.

B) DEFINITIONS
“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymous data. “Special categories of personal data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes). “Criminal offence data” is data which relates to an individual’s criminal convictions and offences. “Data processing” is 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.

C) DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

a) processing will be fair, lawful and transparent

b) data be collected for specific, explicit, and legitimate purposes

c) data collected will be adequate, relevant and limited to what is necessary for the purposes of processing

d) data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay

e) data is not kept for longer than is necessary for its given purpose

f) data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures

g) we will comply with the relevant GDPR procedures for international transferring of personal data

D) TYPES OF DATA HELD
We keep several categories of personal data on relevant individuals in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each relevant individual and we also hold the data within our computer systems, for example, data files.
Specifically, we hold the following types of data:
a) personal details such as name, address, phone numbers
b) information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter, references from former employers, details on your education and employment history etc
c) details relating to pay administration such as PPS numbers, bank account details and tax codes
d) medical or health information
e) information relating to your employment with us, including:
i) job title and job descriptions
ii) your salary
iii) your wider terms and conditions of employment
iv) details of formal and informal proceedings involving you such as letters of concern, disciplinary and grievance proceedings, your annual leave records, appraisal and performance information
v) internal and external training modules undertaken
f) information of clients or service users such as care plans, personal details (name, age, address, contact details, PPS number, medical card number), medical reports, emergency contact information, next of kin details, daily notes and information gathered during assessment of service requirements etc
g) information of suppliers such as contact details, vendor account details, bank account details, services/products, costs etc
All of the above information is required for our processing activities. More information on those processing activities are included in our privacy notice for relevant individuals.

E) RELEVANT INDIVIDUALS’ RIGHTS
You have the following rights in relation to the personal data we hold on you:
a) the right to be informed about the data we hold on you and what we do with it;
b) the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”;
c) the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
d) the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
e) the right to restrict the processing of the data;
f) the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
g) the right to object to the inclusion of any information;
h) the right to regulate any automated decision-making and profiling of personal data.
More information can be found on each of these rights in our separate policy on relevant individuals rights under GDPR.

F) RESPONSIBILITIES
In order to protect the personal data of relevant individuals, which it holds or to which it has access, we have designated employees with specific responsibilities for the processing and controlling of data.
We have also appointed employees with responsibility for reviewing and auditing our data protection systems.

G) LAWFUL BASES OF PROCESSING
We acknowledge that processing may only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity. Where no other lawful basis applies, we may seek to rely on the relevant individual’s consent in order to process data. However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis where appropriate. Relevant individuals will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.

H) ACCESS TO DATA
As stated above, relevant individuals have a right to access to access the personal data that we hold on them. To exercise this right, relevant individuals should make a Subject Access Request. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit. No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the relevant individuals making the request. In these circumstances, a reasonable charge will be applied. Further information on making a subject access request is contained in our Subject Access Request policy.
I) DATA DISCLOSURES The Company may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include:
a) any employee benefits operated by third parties;
b) disabled individuals – whether any reasonable adjustments are required to assist them at work or other places of work and/or appointments;
c) individuals’ health data – to comply with health and safety or occupational health obligations towards the relevant individuals;
d) for sick pay purposes;
e) HR management and administration – to consider how an individual’s health affects his or her ability to do their job;
f) The smooth operation of any employee insurance policies or pension plans;
g) to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders or to assess or collect any tax or duty.
h) Any client information operated by third parties like clinics, medical centers, other necessary appointments These kinds of disclosures will only be made when strictly necessary for the purpose.

J) DATA SECURITY
All our employees are aware that personal information of relevant individuals should be kept in a locked filing metal cabinet, drawer, or safe.
Employees are aware of their roles and responsibilities when their role involves the processing of data. All employees are instructed to store files or written information of a confidential nature in a secure manner so that are only accessed by people who have a need and a right to access them and to ensure that screen locks are implemented on all PCs, laptops etc when unattended. No files or written information of a confidential nature are to be left unattended where they can be read by unauthorised people.
Where data is computerised, it should be coded, encrypted or password protected both on a local hard drive and on a network drive that is regularly backed up. Where client information is used, the clients are addressed by their initials. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.
Employees must always use the passwords provided to access the computer system and not abuse them by passing them on to people who should not have them.
Personal data relating to relevant individuals should not be kept or transported on laptops, USB sticks, or similar devices, unless prior authorisation has been received. Where personal data is recorded on any such device it should be protected by:

a. ensuring that data is recorded on such devices only where absolutely necessary.
b. using an encrypted system — a folder should be created to store the files that need extra protection and all files created or moved to this folder should be automatically encrypted.
c. ensuring that laptops or USB drives are not left where they can be stolen.
Secure Network from Unauthorised Access:
We use Office 365 security features and implement several protective measures to safeguard data.
a. Multi-factor authentication is enabled that requires users to input a code received to their phones in order to log in to Office 365 applications.
b. Ongoing awareness training to all employees about strong passwords and education about cyber threats.
c. Manage user accounts and permissions only by staff authorised to access relevant information.
d. Protection on all devices used for work purposes
e. Monitoring and annual audit of security policies
Mobile Device Management:

Mobile device management solution includes:
a. Wiping a device remotely
b. Block unsupported devices from accessing Exchange email using Exchange ActiveSync
c. Set up device policies like password requirements and security settings
d. Remove users so their devices are no longer managed by Basic Mobility and Security
e. Unblock noncompliant or unsupported device for a user or group of users
Password Policy: A password policy is a set of rules designed to enhance computer security by encouraging users to employ strong passwords and use them properly. This password policy is part of the organization’s official regulations and is taught as part of security awareness training.

All employees are required to follow the password guidelines as indicated below:
a. Maintain an 8-character minimum length requirement.
b. Use of multiple character sets that includes mix of uppercase characters, lowercase characters and alphanumeric characters.
c. Common passwords have been banned.
d. Users are advised not to reuse organisation passwords anywhere else.
e. Multi-factor authentication registration has been enforced.
Failure to follow the Company’s rules on data security may be dealt with via the Company’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.

K) THIRD PARTY PROCESSING
Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Company’s commitment to protecting data.

L) INTERNATIONAL DATA TRANSFERS
The Company does not transfer personal data to any recipients outside of the EEA.

M) REQUIREMENT TO NOTIFY BREACHES
All data breaches will be recorded on our Data Breach Register. A breach may include inappropriate access controls (not using pass codes) which allow unauthorized use; equipment failure; human error; unforeseen circumstances such as fire/ flood, and hacking attack.
Where legally required, we will report a breach to the Data Protection Commission within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.
More information on breach notification is available in our Breach Notification policy.

N)TRAINING
New employees must read and understand the policies on data protection as part of their induction.
All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.
The nominated data controller/auditors/protection officers for the Company are trained appropriately in their roles under the GDPR.
All employees who need to use the computer system are trained to protect individuals’ private data, to ensure data security, and to understand the consequences to them as individuals and the Company of any potential lapses and breaches of the Company’s policies and procedures.

O) RECORDS
The Company keeps records of its processing activities including the purpose for the processing and retention periods in its Data Record. These records will be kept up to date so that they reflect current processing activities.

P) DATA PROTECTION COMPLIANCE
Our Data Protection Officer is:
Romeo Bonaobra (Name)
Email: rbonaobra@tnpa.ie Ph- 01 525 3214 Contact details).

PRIVACY NOTICE FOR RELEVANT INDIVIDUALS

Last Updated: 13/11/2023

In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, relevant individuals, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
This notice applies to job applicants, apprentices, volunteers, placement students, workers and self-employed contractors, members, current, past and prospective employees, clients, and suppliers.

A) DATA PROTECTION PRINCIPLES
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

a)processing is fair, lawful and transparent
b) data is collected for specific, explicit, and legitimate purposes
c) data collected is adequate, relevant and limited to what is necessary for the purposes of processing
d) data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
e) data is not kept for longer than is necessary for its given purpose
f) data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
g) we comply with the relevant GDPR procedures for international transferring of personal data

B) TYPES OF DATA HELD
We keep several categories of personal data on relevant individuals in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each relevant individual and we also hold the data within our computer systems, for example, data files.

Specifically, we hold the following types of data:

a) personal details such as name, address, phone numbers

b) name and contact details of your next of kin

c) your photograph

d) your gender, civil status,
information of any disability you have or other medical or health information

e) right to work documentation

f) information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter

g) references from former employers

h) details on your education and employment history etc

i) PPS number

j) bank account details

k) tax codes

l)  driving licence

m)  criminal convictions

n)  information relating to your
employment with us, including:

i)  job title and job descriptions

ii) your salary

iii) your wider terms and conditions of employment

iv) details of formal and informal proceedings involving you such as letters of concern, disciplinary and grievance proceedings, your annual leave records, appraisal and performance information

v) internal and external training modules undertaken

vi) information on time off from work including sickness absence, family related leave etc

o) CCTV footage
p) building access card records

q) IT equipment use including telephones and internet access

r) information of clients or service users such as care plans, personal details (name, age, address, contact details, PPS number, medical card number), medical reports, emergency contact information, next of kin details, daily notes and information gathered during assessment of service requirements etc

s) information of suppliers such as contact details, vendor account details, bank account details, services/products, costs etc.

C) COLLECTING YOUR DATA
You provide several pieces of data to us directly during different periods of engagement with us.
In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.
Personal data is kept in personnel files or within the Company’s HR and IT systems.

D) LAWFUL BASIS FOR PROCESSING
The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement or in order to manage effective and efficient processes.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.

 

Activity requiring your data – Employees Lawful basis
Carry out the employment contract that we have entered into with you e.g. using your name, contact details, education history, information on any disciplinary, grievance procedures involving you
Performance of the contract
Ensuring you are paid
Performance of the contract
Ensuring tax and PRSI is paid
Legal obligation
Carrying out checks in relation to your right to work in the Republic of Ireland
Legal obligation
Making reasonable adjustments for disabled employees
Legal obligation
Making recruitment decisions in relation to both initial and subsequent employment e.g. promotion
Our legitimate interests
Making decisions about salary and other benefits
Our legitimate interests
Ensuring efficient administration of contractual benefits to you
Our legitimate interests
Effectively monitoring both your conduct, including timekeeping and attendance, and your performance and to undertake procedures where necessary
Our legitimate interests
Maintaining comprehensive up to date personnel records about you to ensure, amongst other things, effective correspondence can be achieved and
Our legitimate interests
appropriate contact points in the event of an emergency are maintained
Implementing grievance procedures
Our legitimate interests
Assessing training needs
Our legitimate interests
Assessing training needs
Our legitimate interests
Implementing an effective sickness absence management system including monitoring the amount of leave and subsequent actions to be taken including the making of reasonable adjustments
Our legitimate interests
Managing statutory leave and pay systems such as maternity leave and pay etc
Our legitimate interests
Business planning and restructuring exercises
Our legitimate interests
Dealing with legal claims made against us
Our legitimate interests
Preventing fraud
Our legitimate interests
Ensuring our administrative and IT systems are secure and robust against unauthorised access
Our legitimate interests
Activity requiring your data – Clients Lawful basis
Client assessment forms
Performance and provision of services
Care plans
Performance and provision of services
Medical records, reports and history
Legal obligation
Daily logs
Performance and provision of services
Observation charts
Legal obligation
Personal information such as name, date of birth, contact details, address, PPS number, medical card number, next of kin, emergency contact details, multi-disciplinary team contact details, GP contact details, family contact details
Legal obligation
Contact details of previous service providers
Legal obligation
Concerned case manager within HSE
Legal obligation
Concerned social worker with TUSLA
Legal obligation
Activity requiring your data – Suppliers Lawful basis
Description of products and services
Performance and provision of services
Contact details
Performance and provision of services
Costs
Legal obligation
User manuals, description, instruction book
Performance and provision of services
Bank account details
Legal obligation

E)
SPECIAL CATEGORIES OF DATA
Special categories of data are data relating to your:

a)health

b)sex life

c)sexual orientation

d)race

e)ethnic origin

f)political opinion

g)religion

h)trade union membership

i)genetic and biometric data.

We carry out processing activities using special category data:

a)
for the purposes of equal opportunities monitoring
b)in our sickness absence management procedures
c)
to determine reasonable adjustments
Most commonly, we will process special categories of data when the following applies:

a) you have given explicit consent to the processing
b) we must process the data in order to carry out our legal obligations

c) we must process data for reasons of substantial public interest

d) you have already made the data public.

F) FAILURE TO PROVIDE DATA
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract with you. This could include being unable to offer you employment, or administer contractual benefits, or provide services or access services.

G) CRIMINAL CONVICTION DATA
We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, however, may also be collected during your employment. We use criminal conviction data to determine your suitability, or your continued suitability for the role. We rely on the lawful basis of Section 55(1)(b)(iv) of the Data Protection Act 2018, which makes lawful the processing of such data, where “necessary to prevent injury or other damage to the data subject or another person or loss in respect of, or damage to, property or otherwise to protect the vital interests of the data subject or another person”, to process this data.

H) WHO WE SHARE YOUR DATA WITH
Employees within our company who have responsibility for recruitment, administration of payment and contractual benefits and the carrying out performance related procedures, providing services, responsible for procurement as relevant will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.

Data is shared with third parties for the following reasons:

a) any employee benefits operated by third parties;

b) disabled individuals – whether any reasonable adjustments are required to assist them at work or other places of work and/or appointments;

c) individuals’ health data – to comply with health and safety or occupational health obligations towards the relevant individuals;

d) for sick pay purposes;

e) HR management and administration – to consider how an individual’s health affects his or her ability to do their job;

f) The smooth operation of any employee insurance policies or pension plans;

g) to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders or to assess or collect any tax or duty.

h) Any client information operated by third parties like clinics, medical centres, other necessary appointments
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.

We do not share your data with bodies outside of the European Economic Area.
I) PROTECTING YOUR DATA

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.

J) RETENTION PERIODS
We only keep your data for as long as we need it for, which will be at least for the duration of your employment or engagement with us though in some cases we will keep your data for a period after your employment or engagement has ended. Some data retention periods are set by the law. Retention periods can vary depending on why we need your data, as set out below:

Nature of data – Employees Retention period Final action
Application forms and interview notes
1 year (recommended)
Destroy under confidential conditions
Children/young persons
3 years
Destroy under confidential conditions
Employee files
7 years after end of employment
Destroy under confidential conditions
Employment Permits
5 years
Destroy under confidential conditions
Health and Safety Records of Major Incidents
10 years from the date of the accident
Destroy under confidential conditions
Maternity Leave (period of employment and dates and times of the leave)
1 year
Destroy under confidential conditions
National Minimum Wage
3 years from the date any record is made
Destroy under confidential conditions
Parental & Force majeure leave
8 years
Destroy under confidential conditions
Payroll details and payslips
6 years after end of employment
Destroy under confidential conditions
Retirement Benefits Schemes
6 years from the end of the scheme year
Destroy under confidential conditions
Settlement Agreements
6 years
Destroy under confidential conditions
Statutory Sick Pay records, calculations, certificates, self- certificates
at least 3 months after the end of the period of sick leave, but 6 years after the employment ceases advisable
Destroy under confidential conditions
Tax records
6 years
Destroy under confidential conditions
Trade Disputes
3 years
Destroy under confidential conditions
Wage/salary (overtime, bonuses, expenses)
3 years from the date any record is made
Destroy under confidential conditions
Working hours
3 years
Destroy under confidential conditions
Table Header Retention period Final action
All other clients
Up to 1 year after termination of service
Return all information to the relevant client upon termination of service and destroy under confidential conditions
Service user records endorsed by HSE
Up to 1 year after termination of service
Return all information to HSE upon termination of service and destroy under confidential conditions
Service user records endorsed by TUSLA
Up to 3 months after termination of service
Return all information to TUSLA upon termination of service and destroy under confidential conditions
Nature of data – Suppliers Retention period Final action
Supplier information
Up to 1 year after termination of service
Destroy under confidential conditions

K) AUTOMATED DECISION MAKING
Automated decision-making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.

L) RELEVANT INDIVIDUALS’ RIGHTS
You have the following rights in relation to the personal data we hold on you:
a) the right to be informed about the data we hold on you and what we do with it;
b) the right of access to the data we hold on you. More information on this can be found in our separate policy on Subject Access Requests;
c) the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
d) the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
e) the right to restrict the processing of the data;
f) the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
g) the right to object to the inclusion of any information;
h) the right to regulate any automated decision-making and profiling of personal data.

More information can be found on each of these rights in our separate policy on relevant individuals’ rights under GDPR.

M) CONSENT
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.

N) MAKING A COMPLAINT
If you think your data rights have been breached, you are able to raise a complaint with the Office of the Data Protection Commissioner. You can contact the ODPC at Data Protection Commissioner, Canal House, Station Road, Portarlington, R32 AP23, Co. Laois or by telephone on +353 57 8684800 or +353 (0)761 104 800 or Lo Call 1890 252 231 or email info@dataprotection.ie.

O) DATA PROTECTION COMPLIANCE
Our Data Protection Officer is:

Romeo Bonaobra (Name)
Email: rbonaobra@tnpa.ie Ph- 01 525 3214 Contact details).