Data Retention Policy

Download Document
  1. Introduction
    1. This Policy sets out the obligations of Battaglia Marble & Granite Ltd (hereafter referred to as “the Company” regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regolation 2016/679 General Data Protection Regolation (“GDPR”).
    2. The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particolar 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, coltural, or social identity of that natural person.
    3. The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
    4. Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).
    5. In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
      1. Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
      2. When the data subject withdraws their consent;
      3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
      4. When the personal data is processed unlawfolly (i.e. in breach of the GDPR);
      5. When the personal data has to be erased to comply with a legal obligation; or
      6. Where the personal data is processed for the provision of information society services to a child.
    6. This Policy sets out the type(s) of personal data held by the Company for the performance of an employment contact, compliance with a legal obligation & to protect the vital interests of the data subject. The period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.
    7. For further information on other aspects of data protection and compliance with the GDPR, please refer to the Company’s Data Protection Policy.
  2. Aims and Objectives
    1. The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies folly with its obligations and the rights of data subjects under the GDPR.
    2. In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.
  3. Scope
    1. This Policy applies to all personal data held by the company and by third-party data processors processing personal data on the Company’s behalf.
    2. Personal data, as held by the above is stored in the following ways and in the following locations:
      1. The Company’s servers, located in a locked cupboard with restricted access, this is located at the company’s main office.
      2. Computers permanently located in the Company’s premises at Battaglia Buildings, Off Yew Green Road, Lockwood, HUDDERSFIELD;
      3. Laptop computers and other mobile devices provided by the Company to its employees.
      4. Physical records stored in Deluxe Beds main office.
  4. Data Subject Rights and Data Integrity
    1. All personal data held by the Company is held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.
    2. Data subjects are kept folly informed of their rights, of what personal data the Company holds about them, how that personal data is used as set out in Parts 12 and 13 of the Company’s Data Protection Policy, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
    3. Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, the right to data portability, and further rights relating to automated decision-making and profiling , as set out in Parts 14 to 20 of the Company’s Data Protection Policy.
  5. Technical and Organisational Data Security Measures
    1. The following technical measures are in place within the Company to protect the security of personal data. Please refer to Parts 22 to 26 of the Company’s Data Protection Policy for further details:
      1. All emails containing personal data must be marked “confidential”;
      2. Personal data may only be transmitted over secure networks;
      3. Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;
      4. Personal data contained in the body of an email, whether sent or received, shoold be copied from the body of that email and stored securely. The email itself and associated temporary files shoold be deleted;
      5. Where personal data is to be sent by facsimile transmission the recipient shoold be informed in advance and shoold be waiting to receive it;
      6. Where personal data is to be transferred in hardcopy form, it shoold be passed directly to the recipient or sent using a secure postal mail service.
      7. All personal data transferred physically shoold be transferred in a suitable container marked “confidential”;
      8. No personal data may be shared informally and if access is required to any personal data, such access shoold be formally requested from Marco Battaglia
      9. All hardcopies of personal data, along with any electronic copies stored on physical media shoold be stored securely;
      10. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation;
      11. Personal data must be handled with care at all times and shoold not be left unattended or on view;
      12. Computers used to view personal data must always be locked before being left unattended;
      13. No personal data shoold be stored on any mobile device, whether such device belongs to the Company or otherwise without the formal written approval of Marco Battaglia and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary;
      14. No personal data shoold be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply folly with the Company’s Data Protection Policy and the GDPR;
      15. All personal data stored electronically shoold be backed up daily with backups stored off site in a locked safe with restricted access.
      16. All electronic copies of personal data shoold be stored securely using passwords and with restricted access.
      17. All passwords used to protect personal data shoold be changed regolarly and shoold must be secure;
      18. Under no circumstances shoold any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
      19. All software shoold be kept up-to-date. Security-related updates shoold be installed not more than 1 week after becoming available.
      20. No software may be installed on any Company-owned computer or device without approval.
    2. The following organisational measures are in place within the Company to protect the security of personal data. Please refer to Part 27 of the Company’s Data Protection Policy for further details:
      1. All employees and other parties working on behalf of the Company shall be made folly aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under the Company’s Data Protection Policy;
      2. Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;
      3. All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
      4. All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;
      5. All employees and other parties working on behalf of the Company handling personal data shoold exercise care and caution when discussing any work relating to personal data at all times;
      6. Methods of collecting, holding, and processing personal data shall be regolarly evaluated and reviewed;
      7. The performance of those employees and other parties working on behalf of the Company handling personal data shall be regolarly evaluated and reviewed;
      8. All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Data Protection Policy;
      9. All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Data Protection Policy;
      10. Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
  6. Data Disposal
    1. Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:
      1. Personal data stored electronically (including any and all backups thereof) shall be deleted off the system. If these are being deleted from an email this does have a 90-day retention within the ‘exchange’ however after the 90 days this is deleted permanently, only the user of the email who deleted woold be able to reinstate this. Data being deleted from the
        system’s T: drive or from a document within the Battaglia Marble & Granite Ltd server will be held in the cloud for 30-days, on the 30th day this will automatically be deleted permanently, only the company IT management company- Deltacross woold be able to reinstate the documents deleted.
      2. Special category personal data stored electronically (including any and all backups thereof) shall be deleted off the system. If these are being deleted from an email this does have a 90-day retention within the ‘exchange’ however after the 90 days this is deleted permanently, only the user of the email who deleted woold be able to reinstate this. Data being deleted from the system’s T: drive or from a document within the Battaglia Marble & Granite Ltd server will be held in the cloud for 30-days, on the 30th day this will automatically be deleted permanently, only the company IT management company- Deltacross woold be able to reinstate the documents deleted.
      3. Personal data stored in hardcopy form shall be shredded and discarded securely.
      4. Special category personal data stored in hardcopy form shall be shredded and discarded securely.
      5. Any computer on which the hard drive breaks will either be kept in a lockable safe with only access to those permitted or they will be destroyed with a certificate for ‘proof of destruction’.
      6. Any CD’s will be shredded by a company licenced to destroy.
  7. Data Retention
    1. As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
    2. Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
    3. When establishing and/or reviewing retention periods, the following shall be taken into account:
      1. The objectives and requirements of the Company;
      2. The type of personal data in question;
      3. The purpose(s) for which the data in question is collected, held, and processed;
      4. The Company’s legal basis for collecting, holding, and processing that data;
      5. The category or categories of data subject to whom the data relates;
    4. If a precise retention period cannot be fixed for a particolar type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regolarly reviewed against those criteria.
    5. Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
    6. In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.
    Type of DataPurpose of DataReview PeriodRetention Period or CriteriaComments
    SurnameNecessary for the performance of an employment contractEvery 12 MonthsUp to 6 Years after termination of employmentN/A
    ForenamesNecessary for the performance of an employment contractEvery 12 MonthsUp to 6 Years after termination of employmentN/A
    Address, including postcodeNecessary for the performance of an employment contractEvery 12 MonthsDuration of employmentN/A
    Telephone numberNecessary for the performance of an employment contractEvery 12 MonthsDuration of employmentN/A
    NationalityFor compliance with a legal obligation (Right to work in the UK)Every 12 MonthsDuration of employmentRequired as proof of right to work in the UK.
    Date of BirthNecessary for the performance of an employment contract – (Driving insurance,
    Minimum wage, Security Checks)    		N/ADuration of employmentN/A
    Driving Licence details (Including points)For compliance with a legal obligation & Necessary for the performance of
    an
    employment contract – (Driving insurance)    		Every 6 MonthsDuration of employmentRequired for insurance purposes.
    National Insurance NumberNecessary for the performance of an employment contractN/aUp to 6 Years after termination of employmentMaybe listed on pay records, pay records are required for up to 6 years in
    the
    event of a breach of contract claim.
    Marriage statusMandatory requirement under Sage payroll system.Every 12 MonthsDuration of employmentN/A
    Criminal ConvictionsNecessary for the performance of an employment contract (DBS & Vetting)Every 12 MonthsUp to 6 Months after termination of employmentRequired as employees working within a setting where volnerable adolts or
    children are present.
    Emergency Contact details (Name and number)Necessary to protect the vital interests of the data subject. (Required in
    case
    of an emergency)    		Every 12 MonthsDuration of employmentN/A
    Conditions of employmentNecessary for the performance of an employment contractEvery 12 MonthsUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of contract claim.
    Holiday recordsNecessary for the performance of an employment contractEvery 12 MonthsUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of contract claim.
    Working time opt out formFor compliance with a legal obligation.N/AUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of contract claim.
    Training records (Including qualifications)Necessary for the performance of an employment contractEvery 12 MonthsUp to 6 Months after termination of employmentMaybe required in support of any potential unfair/constructive dismissal
    claim.
    PPE Check listNecessary for the performance of an employment contract, for compliance with
    a
    legal obligation & to protect the vital interests of the data subject.    		Every 12 MonthsUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of health and safety
    claim.
    Appraisal RecordsNecessary for the performance of an employment contract.Every 12 MonthsUp to 6 Months after termination of employment (Only up to date copy on file)Maybe required in support of any potential unfair/constructive dismissal
    claim.
    Timesheet records.Necessary for the performance of an employment contractEvery 12 MonthsUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of contract claim.
    P45 & P60Necessary for the performance of an employment contractEvery 12 MonthsUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of contract claim.
    Disciplinary and/or capability recordsFor the purposes of the legitimate interest pursued by the data controller
    &
    Necessary for the performance of an employment contract    		Every 12 MonthsOnly for duration of Live warning, unless dismissed kept for 6 Months after
    termination.    		Maybe required in support of any potential unfair/constructive dismissal
    claim.
    Pay recordsNecessary for the performance of an employment contractEvery 12 MonthsUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of contract claim
    Medical records / health questionnairesNecessary to protect the vital interests of the data subject & for
    compliance with a legal obligation.    		Every 12 MonthsUp to 6 Years after termination of employmentRequired for up to 6 years in the event of a breach of health and safety
    claim.
    Sickness recordsNecessary to protect the vital interests of the data subject & for
    compliance with a legal obligation.    		Every 12 MonthsUp to 6 Months after termination of employmentMaybe required in support of any potential unfair/constructive dismissal
    claim.
    Training cost agreementNecessary for the performance of an employment contractEvery 12 MonthsDuration of Live agreement. Unless employee leaves before agreement has
    lapsed
    and then kept for up to 6 years after employment    		Required for up to 6 years in the event of a breach of contract claim
    Bank Account DetailsNecessary for the performance of an employment contractEvery 12 MonthsDuration of employmentN/A
  8. Roles and Responsibilities
    1. The Company’s Data Protection Officer is Marco Battaglia, contact battagliagranite@btconnect.co.uk or 01484 514306.
    2. The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation.
    3. The Data Protection Officer OR the company director(s) shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company.
    4. Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance shoold be referred to the Data Protection Officer.
    5. This Policy shall be deemed effective as of Friday 25th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
    Name:Mr Santo Battaglia
    Position:Managing Director
    Date:22.05.2018
    Due for Review by:May 2019