Data Protection Policy
Introduction
1. Liberating Brilliance is a business consultant company providing organisational development, performance optimisation, and cultural analysis services to a wide range of clients.
2. he personal data that Liberating Brilliance processes to provide these services relates to its clients and other individuals as necessary, including staff and sub-consultant staff.
3. This policy sets out Liberating Brilliance commitment to ensuring that any personal data, including special category personal data, which Liberating Brilliance processes, is carried out in compliance with data protection law. Liberating Brilliance ensures that good data protection practice is imbedded in the culture of our staff and our organisation.
4. Liberating Brilliance other data protection policies and procedures are:
a. Privacy notices (website, clients, employees),
b. Personal data breach reporting process and a breach register,
c. Data retention policy, and
d. Data subject rights procedure.
5. ‘Data Protection Law’ includes the General Data Protection Regulation 2016/679; the UK Data Protection Act 2018 and all relevant EU and UK data protection legislation.
Scope
6. This policy applies to all personal data processed by Liberating Brilliance and is part of Liberating Brilliance approach to compliance with data protection law. All Liberating Brilliance staff and contractors are expected to comply with this policy and failure to comply may lead to disciplinary action for misconduct, including dismissal.
Data Protection Principles
7. Liberating Brilliance complies with the data protection principles set out below. When processing personal data, it ensures that:
a. It is processed lawfully, fairly and in a transparent manner in relation to the data subject,
b. It is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes,
c. It is all adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed,
d. It is all accurate and, where necessary, kept up to date and that reasonable steps will 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,
e. It is 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 (‘storage limitation’), and
f. It is 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.
8. Liberating Brilliance will facilitate any request from a data subject who wishes to exercise their rights under data protection law as appropriate, always communicating in a concise, transparent, intelligible and easily accessible form and without undue delay.
Process/Procedures/Guidance
9. Liberating Brilliance will:
a. Ensure that the legal basis for processing personal data is identified in advance and that all processing complies with the law,
b. Not do anything with your data that you would not expect given the content of this policy and the fair processing or privacy notice,
c. Ensure that appropriate privacy notices are in place advising staff and others how and why their data is being processed, and, in particular, advising data subjects of their rights,
d. Only collect and process the personal data that it needs for purposes it has identified in advance,
e. Ensure that, as far as possible, the personal data it holds is accurate, or a system is in place for ensuring that it is kept up to date as far as possible,
f. Only hold onto your personal data for as long as it is needed, after which time Liberating Brilliance will securely erase or delete the personal data – Liberating Brilliance data retention policy sets out the appropriate period of time,
g. Ensure that appropriate security measures are in place to ensure that personal data can only be accessed by those who need to access it and that it is held and transferred securely, and
h. Will ensure that all staff who handle personal data on its behalf are aware of their responsibilities under this policy and other relevant data protection and information security policies, and that they are adequately trained and supervised.
10. Breaching this policy may result in disciplinary action for misconduct, including dismissal. Obtaining (including accessing) or disclosing personal data in breach of Liberating Brilliance data protection policies may also be a criminal offence.
Data Subject Rights
11. Liberating Brilliance has processes in place to ensure that it can facilitate any request made by an individual to exercise their rights under data protection law. All staff have received training and are aware of the rights of data subjects. Staff can identify such a request and know who to send it to.
12. All requests will be considered without undue delay and within one month of receipt as far as possible.
13. Subject Access: The right to request information about how personal data is being processed, including whether personal data is being processed and the right to be allowed access to that data and to be provided with a copy of that data along with the right to obtain the following information:
a. The purpose of the processing,
b. The categories of personal data,
c. The recipients to whom data have been disclosed or which will be disclosed,
d. The retention period,
e. The right to lodge a complaint with the Information Commissioner’s Office,
f. The source of the information if not collected direct from the subject, and
g. The existence of any automated decision making.
14. Rectification: The right to allow a data subject to rectify inaccurate personal data concerning them.
15. Erasure: The right to have data erased and to have confirmation of erasure, but only where:
a. The data is no longer necessary in relation to the purpose for which it was collected, or
b. Where consent is withdrawn, or
c. Where there is no legal basis for the processing, or
d. There is a legal obligation to delete data.
16. Restriction of processing: The right to ask for certain processing to be restricted in the following circumstances:
a. If the accuracy of the personal data is being contested, or
b. If our processing is unlawful but the data subject does not want it erased, or
c. If the data is no longer needed for the purpose of the processing but it is required by the data subject for the establishment, exercise or defence of legal claims, or
d. If the data subject has objected to the processing, pending verification of that objection.
17. Data portability: The right to receive a copy of personal data which has been provided by the data subject and which is processed by automated means in a format which will allow the individual to transfer the data to another data controller. This would only apply if Liberating Brilliance was processing the data using consent or on the basis of a contract.
18. Object to processing: The right to object to the processing of personal data relying on the legitimate interests processing condition unless Liberating Brilliance can demonstrate compelling legitimate grounds for the processing which override the interests of the data subject or for the establishment, exercise or defence of legal claims.
Responsibility for The Processing of Personal Data
19. The Directors of Liberating Brilliance take ultimate responsibility for data protection.
20. If you have any concerns or wish to exercise any of your rights under the GDPR, then you can email the data protection lead:
Name: Alex Wolf
Email: alex@liberating-brilliance.com
Law and Jurisdiction
21. The Data Protection Policy shall be governed by and interpreted according to the law of England and Wales and all disputes arising under this Policy (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Review Date: This policy will be reviewed and updated regularly to reflect relevant changes in Liberating Brilliance and UK legislation.
Disclaimer
Our website contains general information based on English law. Although we try to ensure it is accurate and up-to-date, you should seek and take appropriate advice before taking or refraining from any action. We do not accept liability for any loss, damage or inconvenience that occurs as a result of you using this website or its contents.