The Data Protection policy details arrangements to ensure the company fulfils its legal responsibilities to protect the rights and privacy of individuals when processing personal information.
This policy applies to all individuals working for, or contracted to, Dolby Medical HRC Ltd. (Dolby Vivisol). This includes permanent staff, temporary / fixed term contract staff, vendor staff and any other persons who access the company’s information assets.
Users of this document are all employees of Dolby Medical Home Respiratory Care Ltd (Dolby Vivisol), as well as relevant external parties.
The General Data Protection Regulation updates the Data Protection Act 1998 which enhanced and broadens the scope of the Data Protection Act 1984. Its purpose is to protect the rights and privacy of living individuals and to ensure that personal data is not processed without their knowledge, and, wherever possible, is processed with their consent.
Dolby Vivisol is committed to a policy of protecting the rights and privacy of individuals including staff, customers and others, in accordance with the Data Protection Act and the General Data Protection Regulation. The company needs to process certain information about its staff, customers and other individuals it has dealings with for administrative purposes (eg. to recruit and pay staff, for order processing, to record progress, to collect payment and to comply with legal obligations to the NHS and government. To comply with the law, information about individuals must be collected and used fairly, stored safely and securely and not disclosed to any third party unlawfully.
Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.
For the purposes of this document the following terms apply
|Personal Data||Data relating to a living individual who can be identified from that information or from that data and other information in possession of the data controller. Includes name, address, telephone number, id number. Also includes expression of opinion about the individual, and of the intentions of the data controller in respect of that individual.|
|Sensitive Data||Different from ordinary personal data (such as name, address, telephone) and relates to racial or ethnic origin, political opinions, religious beliefs, trade union membership, health, sex life, criminal convictions. Sensitive data are subject to much stricter conditions of processing.|
|Data Controller||Any person (or organisation) who makes decisions with regard to particular personal data, including decisions regarding the purposes for which personal data are processed and the way in which the personal data are processed.|
|Data Subject||Any living individual who is the subject of personal data held by an organisation.|
|Processing||Any operation related to organisation, retrieval, disclosure and deletion of data and includes:
Obtaining and recording data Accessing, altering, adding to, merging, deleting data Retrieval, consultation or use of data Disclosure or otherwise making available of data.
|Third Party||Any individual/organisation other than the data subject, the data controller or its agents.|
|Relevant Filing System||Any paper filing system or other manual filing system which is structured so that information about an individual is readily accessible. Please note that this is the definition of "Relevant Filing System" in the Act. Personal data as defined, and covered, by the Act can be held in any format, electronic (including websites and emails), paper-based, photographic etc. from which the individual's information can be readily extracted.|
The Data Protection policy is endorsed by the Senior Management Team and the Board of Dolby Medical HRC Ltd. This ensures the correct management commitment and signals to the organisation the importance of good data protection.
The Technology Management Group (TMG) has overall responsibility for Data Protection. TMG is composed of senior representatives from across the organisation and reports in to the senior management team.
The Finance Director is the TMG member responsible for Data Protection. The role and responsibility for managing Data protection, referred to as the Data Protection Officer, will be performed by the Caldicott Guardian as part of their governance remit. The Data Protection Officer has responsibility for creating and maintaining the policy and supporting procedure documents.
Directors/Managers are responsible for implementing the policy within their business areas, and for ensuring adherence by their staff.
The Data Protection Officer is responsible for ensuring the following DP issues are addressed;
All processing of personal data must be done in accordance with the eight data protection principles.
Wherever possible, personal data or sensitive data should not be obtained, held, used or disclosed unless the individual has given consent. Dolby Medical understands "consent" to mean that the data subject has been fully informed of the intended processing and has signified their agreement, whilst being in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing. There must be some active communication between the parties such as signing a form and the individual must sign the form freely of their own accord. Consent cannot be inferred from non-response to a communication. For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.
In most instances consent to process personal and sensitive data is obtained routinely (eg a new member of staff signs a contract of employment, or a customer places an order). Any company forms or websites that gather data on an individual should contain a statement explaining what the information is to be used for and to whom it may be disclosed.
If an individual does not consent to certain types of processing (eg direct marketing), appropriate action must be taken to ensure that the processing does not take place.
If any member of staff is in any doubt about these matters, they should consult the Data Protection Officer.
All staff are responsible for ensuring that any personal data (on others) which they hold is kept securely and that it is not disclosed to any unauthorised third party (see Disclosure of Data for more detail).
All personal data should be accessible only to those who need to use it. You should form a judgement based upon the sensitivity and value of the information in question, but always consider keeping personal data:
Care should be taken to ensure that PCs and terminals are not visible except to authorised staff and that computer passwords are kept confidential. PC screens should not be left unattended without password protected screen-savers and manual records should not be left where they can be accessed by unauthorised personnel.
Care must be taken to ensure that appropriate security measures are in place for the deletion or disposal of personal data. Manual records should be shredded or disposed of as "confidential waste". Hard drives of redundant PCs should be wiped clean before disposal.
Members of staff have the right to access any personal data which are held by the company in electronic format and manual records which form part of a relevant filing system. This includes the right to inspect confidential personal references received by the company about that person.
Any individual who wishes to exercise this right should apply in writing to the Data Protection Officer. The company reserves the right to charge a fee for data subject access requests (currently £10). Any such request will normally be complied with within 40 days of receipt of the written request and, where appropriate, the fee.
In order to respond efficiently to subject access requests the company needs to have in place appropriate records management practices. See File & Records Management policy for details.
Dolby Medical must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, and colleagues. All staff should exercise caution when asked to disclose personal data held on another individual to a third party. For instance, it would usually be deemed appropriate to disclose a colleague's work contact details in response to an enquiry regarding a particular function for which they are responsible. However, it would not usually be appropriate to disclose a colleague's work details to someone who wished to contact them regarding a nonwork related matter. The important thing to bear in mind is whether or not disclosure of the information is relevant to, and necessary for, the conduct of the company’s business. Best practice, however, would be to take the contact details of the person making the enquiry and pass them onto the person concerned.
This policy determines that personal data may be legitimately disclosed where one of the following conditions apply:
The Act permits certain disclosures without consent so long as the information is requested for one or more of the following purposes and the request includes appropriate authorisation;
Unless consent has been obtained from the data subject, information should not be disclosed over the telephone. Instead, the enquirer should be asked to provide documentary evidence to support their request. Ideally a statement from the data subject consenting to disclosure to the third party should accompany the request.
Dolby Medical discourages the retention of personal data for longer than it is required. Considerable amounts of data are collected on current staff and customers. However, once someone leaves the organisation, or is no longer a customer, it will not be necessary to retain all the information held on them. Some data will be kept for longer periods than others. See the Files & Records policy for details.
Personal data must be disposed of in a way that protects the rights and privacy of data subjects (e.g. shredding, disposal as confidential waste, or secure electronic deletion). See the Files & Records policy for details.
Dolby Medical Home
Respiratory Care Ltd
North Suite, Lomond Court,
Castle Business Park, Stirling,
Registered in Scotland
Southpoint, Old Brighton Road,
Gatwick, West Sussex,
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