GDPR
General Data Protection Regulation of Active Photographic Ltd 2023
I. Context and overview key details
- Company Name: Active Photographic Ltd
- Company Address: Active Photographic Ltd, Unit 8, Sherwood Network Centre, Ollerton, Newark, Nottinghamshire.
I. Context and overview key details
- Company Name: Active Photographic Ltd
- Company Address: Active Photographic Ltd, Unit 8, Sherwood Network Centre, Ollerton, Newark, Nottinghamshire.
NG22 9FD
II. Introduction
Active Photographic Ltd (Active Photo) needs to gather and use certain information about individuals in the course of conducting their business.
These can include customers, suppliers, business contacts, employees and other people the business has a relationship with or may need to contact. This also includes names, admission numbers and sometimes dates of birth for staff, students and school children particularly to produce ID cards, data matched images on CD for use in schools IT systems and named group photographs.
This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law. Nothing within the following regulations relieves the processor of it's own direct responsibilities and liabilities under the current GDPR.
III. Why this policy exists
This General Data Protection Regulation 2023 Policy ensures that Active Photo:
• Follows good practice and complies with the data protection law
• Protects the rights of staff, customers and partners
• Is open about how it stores and processes individuals’ data
• Protects itself from the risks of a data breach
IV. General Data Protection Regulation 2023
The General Data Protection Regulation 2023 describes how organisations — including Active Photo — must collect, handle and store personal information.
These rules apply regardless of whether data is stored electronically, on paper or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully. We are Data Protection Registered with Information Commissioners Office (ICO) registration number ZA352681
The General Data Protection Regulation 2023 is underpinned by six important principles. These say that personal data must be:
1) Processed lawfully, fairly and in a transparent manner in relation to individuals;
2) 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 not be incompatible with the initial purposes;
3) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4) 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;
5) 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 subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals;
6) 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.
1) Processed lawfully, fairly and in a transparent manner in relation to individuals;
2) 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 not be incompatible with the initial purposes;
3) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4) 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;
5) 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 subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals;
6) 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.
V. Data protection risks
This policy helps to protect Active Photo from some very real data security risks,
including:
• Breaches of confidentiality. For instance, information being given out inappropriately.
• Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
• Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.
VI. People, risks and responsibilities policy scope
This policy applies to:
• The head office of Active Photo
• All branches of Active Photo
• All staff and volunteers of Active Photo
• All contractors, suppliers and others working on behalf of Active Photo
• All staff and volunteers of Active Photo
• All contractors, suppliers and others working on behalf of Active Photo
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the General Data Protection Regulation 2023. This can include:
• Names of individuals
• Postal addresses
• Email addresses
• Telephone numbers
• Photographs
• Plus any other information relating to individuals
VII. Responsibilities
Everyone who works for or with Active Photo has some responsibility for ensuring data is collected, stored and handled appropriately. All employees have received GDPR training.
Each team that handles personal data must ensure that it is handled and processed in line with this policy and General Data Protection Regulation 2023 principles.
However, these people have key areas of responsibility:
• The Board of Directors is ultimately responsible for ensuring that Active Photo meets it's legal obligations.
• The Data Protection Officer, Olivia Robinson, is responsible for:
o Keeping the board updated about data protection responsibilities, risks and issues.
o Reviewing all data protection procedures and related policies, in line with an agreed schedule.
o Arranging data protection training and advice for the people covered by this policy.
o Handling data protection questions from staff and anyone else covered by this policy.
o Dealing with requests from individuals to see the data Active Photo holds about them (also called ‘subject access requests’).
o Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
• The IT Director, Olivia Robinson, is responsible for:
o Ensuring all systems, services and equipment used for storing data meet acceptable security standards.
o Performing regular checks and scans to ensure security hardware and software is functioning properly. Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services.
• The Sales Director, Olivia Robinson, is responsible for:
o Approving any data protection statements attached to communications such as emails and letters.
o Addressing any data protection queries from journalists or media outlets like newspapers.
o Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.
o Approving any data protection statements attached to communications such as emails and letters.
o Addressing any data protection queries from journalists or media outlets like newspapers.
o Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.
VIII. Staff guidelines
• The only people able to access data covered by this policy should be those who need it for their work.
• Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.
• Active Photo will provide training to all employees to help them understand their
responsibilities when handling data.
• Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
• In particular, strong passwords must be used and they should never be shared.
• Personal data should not be disclosed to unauthorised people, either within the company or externally.
• Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
• Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection.
IX. Providing Information
Active Photo aims to ensure that individuals are aware that their data is being processed, and that they understand:
• How the data is being used
• How to exercise their rights
To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.
To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.
X. Disclosing data for other reasons
In certain circumstances, the General Data Protection Regulation 2023 allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, Active Photo will disclose the requested data.
However, the Data Controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.
XI. Security
We constantly review the encryption methods and levels of our digital files that are required to be transferred. We use security software to test our network for vulnerabilities. Data is stored on a closed network with no outside connection to prevent cyber attacks.
All individuals who are the subject of personal data held by Active Photo are entitled to:
• Ask what information the company holds about them and why.
• Ask how to gain access to it.
• Be informed how to keep it up to date.
• Be informed how the company is meeting it's data protection obligations.
• How Active Photo remove the personal data
If an individual contacts the company requesting this information, this is called a subject access request.
Subject access requests from individuals should be made by email, addressed to the Data Controller at admin@activephoto.co.uk. The Data Controller can supply a standard request form, although individuals do not have to use this.
The Data Controller will aim to provide the relevant data within 28 days.
The Data Controller will always verify the identity of anyone making a subject access request before handing over any information.
XII. Payments
Any visa, credit card and cheque payments that are handed in to the school are collected by one or our employees in a secured bag and taken directly to our secure head office. They are stored in our electronically secured safe until processed in a secure office with key pad entry system which only authorised employees have access to. Visa and credit card slips are then stored in the safe for a period of three months when they are securely destroyed.
Any visa, credit card and cheque payments that are handed in to the school are collected by one or our employees in a secured bag and taken directly to our secure head office. They are stored in our electronically secured safe until processed in a secure office with key pad entry system which only authorised employees have access to. Visa and credit card slips are then stored in the safe for a period of three months when they are securely destroyed.
XIII. Online Ordering
Active Photo are unique in the way they produce online orders. Every image is stored on our secure in-house server. Only when entering a unique 14 digit access code does the proof image become available to view. Images are never uploaded until the parent’s request to place an online order.
Our server is located within our secure laboratory; this includes a electronic fob entry and is monitored through Yale’s alarm system, along with monitored gates and security camera system to the premises.
Card payments are provided by Tyl by Natwest who deal with the complete process of handling the card payments. This means that we do not process payment information and do not store it ourselves. The payment is transacted through Secure Server Software, which encrypts all the information so that it can’t be intercepted.
Orders that are sent to home addresses are not sent with any identifiable data other than name and address of the person who placed the order.
Digital images are available online for 12 months after which we archive them indefinitely on separate disk drives kept securely within the laboratory with the sole purpose of retrieval only in special circumstances, should these arise in the future.
XIV. Data Retention
Active Photo collects and uses personal data to administer orders and deliver photographs. We also use it to anticipate and resolve queries.
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT Director or Data Protection Officer.
When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
These guidelines also apply to data stored on physical copies
• When not required, the paper or files are kept in a locked drawer or filing cabinet.
• Employees make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
• Data printouts are shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
• Data is protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (like a CD or DVD), these are kept locked away securely when not being used. CD and DVD images are securely disposed of by use of a Data Destruction Company.
• Data is only stored on password protected designated drives and servers.
• Data is backed up frequently. Those backups are tested regularly, in line with the company’s standard backup procedures.
• Data is never saved directly to laptops or other mobile devices like tablets or smart phones.
• All servers and computers containing data are protected by approved security software and a firewall.
Personal data is of no value to Active Photo unless the business can make use of it.
However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:
• When working with personal data, employees ensure the screens of their computers are always locked when left unattended.
• Personal data is not shared informally.
• Data must be encrypted before being transferred electronically. The IT Director can explain how to send data to authorised external contacts.
• Personal data should never be transferred outside of the European Economic Area.
• Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.
The law requires Active Photo to take reasonable steps to ensure data is kept accurate and up to date. The more important it is that the personal data is accurate, the greater the effort Active Photo should put into ensuring it's accuracy.
• Data printouts are shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
• Data is protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (like a CD or DVD), these are kept locked away securely when not being used. CD and DVD images are securely disposed of by use of a Data Destruction Company.
• Data is only stored on password protected designated drives and servers.
• Data is backed up frequently. Those backups are tested regularly, in line with the company’s standard backup procedures.
• Data is never saved directly to laptops or other mobile devices like tablets or smart phones.
• All servers and computers containing data are protected by approved security software and a firewall.
Personal data is of no value to Active Photo unless the business can make use of it.
However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:
• When working with personal data, employees ensure the screens of their computers are always locked when left unattended.
• Personal data is not shared informally.
• Data must be encrypted before being transferred electronically. The IT Director can explain how to send data to authorised external contacts.
• Personal data should never be transferred outside of the European Economic Area.
• Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.
The law requires Active Photo to take reasonable steps to ensure data is kept accurate and up to date. The more important it is that the personal data is accurate, the greater the effort Active Photo should put into ensuring it's accuracy.
Digital images are available online for 12 months after which we archive them indefinitely on separate disk drives kept securely within the laboratory with the sole purpose of retrieval only in special circumstances, should these arise in the future. Personal data associated with these images is removed up to 3 years later. We feel this is sufficient time to complete any additional support enquiries. Images stored longer than 3 years will contain no identifying data. We do not hold any hard copies of children's images.
XV. Freelance and Fulltime Photographers
All of our photographers are DBS checked and carry an up to date certificate. They also carry a signed copy of Active Photo Duty of care booklet. They all carry and display up to date photo ID cards.
Occasionally Active Photo may need to employ a freelance photographer in the course of completing an assignment. All freelance photographers sign our standard contract terms, which includes references to the latest GDPR regulations and adhere to the same security checks and measures as our full time staff.
XVI. Office and Laboratory
Only authorised employees have access to personal data. Files are kept in locked filing cabinets.
Computers are password protected. Any printouts are shredded when no longer required.
We have a key fob entry system to our lab which is located in our secure head office, where all of the images are produced internally and then packed by our own internal packing department within the same building. We have alarm control and also have a separate key fob entry system to sensitive areas of the building. Key fob entry is monitored by Yale. We also have internal and external CCTV and monitors gates by our landlord Indurent Propco B1 Ltd
XVII. Personal Data Breaches and Impact Assessments
On the rare occasion of a personal data breach the controller will receive a notification via a telephone call regarding the incident. At which point the controller and processor (Active Photo)
will work in accordance to resolve such issue. A personal data breech will aim to be resolved within a standard timeframe of 72 hours. Active Photo are open to audit and inspection by the controller and will provide whatever information required to ensure they are meeting their article 28 obligations.