DATA PROTECTION POLICY
- This policy sets out how Klasko Immigration Law Partners LLP (the “Firm”) handles the personal data of clients, suppliers, employees, workers, and other third parties who are based in the UK and/or the European Economic Area or “EEA” (“personal data”). The Firm anticipates that this policy will apply in particular to personal data received from clients based in the UK and/or the EEA in relation to their employees in respect of whom the Firm is providing advice in relation to obtaining U.S. visas. This policy to all employees, workers, and self-employed contractors, and sets out what the Firm expects from you in order for the Firm to comply with applicable law (an EU law known as the General Data Protection Regulations or “GDPR”). You must read, understand, and comply with this policy when processing personal data on the Firm’s behalf and attend training on its requirements when requested. If you have any questions about the content of this policy, please speak to the Firm’s Executive Director. Any breach of this policy may result in disciplinary action.
- This policy applies to all personal data the Firm processes that relates to past or present employees, workers, clients, employees of clients, prospective employees of clients, suppliers, shareholders, website users or any other living, identified or identifiable individual who is based in the UK and/or the EEA (known as a “data subject”).
- The correct and lawful treatment of personal data will maintain confidence in the Firm and will provide for successful business operations. Protecting the confidentiality and integrity of personal data is a critical responsibility that the Firm takes seriously at all times.
- All directors, partners, and persons with management responsibilities are responsible for ensuring that all members of their team comply with this policy and need to implement appropriate practices, processes, controls, and training to ensure such compliance. Some responsibilities contained in this policy will not be applicable to all employees. Nevertheless, the policy will apply to all employees to some degree.
- If you have any concerns that this policy is not being or has not been followed, please contact your Manager. In particular, you must always contact the Firm’s Executive Director in the following circumstances:
- if you are unsure of the lawful basis which you are relying on to process personal data;
- if you need to rely on consent and/or need to capture explicit consent;
- if you need to draft privacy notices;
- if you are unsure about the retention period for the personal data being processed;
- if you are unsure about what security or other measures you need to implement to protect personal data;
- if there has been a personal data breach;
- if you are unsure on what basis to transfer personal data outside the UK and/or the EEA;
- if you need any assistance dealing with any rights invoked by a data subject;
- whenever you are engaging in a significant new, or change in, processing activity which is likely to require a DPIA (defined below) or plan to use personal data for purposes others than what it was collected for;
- If you plan to undertake any activities involving automated processing including profiling or automated decision-making;
- if you need help complying with applicable law when carrying out direct marketing activities; or
- if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including the Firm’s vendors).
What is personal data and processing?
- Personal data is any information identifying or relating to a data subject that the Firm can identify (directly or indirectly) from that data alone or in combination with other identifiers the Firm possess or can reasonably access. Personal data includes:
- sensitive personal information (known as “special categories of personal data”) revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and personal data relating to criminal offences and convictions; and
- pseudonymized personal data (where the individual cannot be identified without the use of additional information which is meant to be kept separately and secure) but excludes anonymous data or data that has had the identity of an individual permanently removed.
- Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behavior.
- The term ‘processing’ means any activity that involves the use of personal data including but not limited to, obtaining, recording or holding the information or data or carrying out any operation or set of operations on the data (for example, organizing, amending, retrieving, using, disclosing, erasing or destroying the data).
Data protection principles
- The principles relating to processing of personal data are set out in the GDPR and require personal data to be:
- Processed lawfully, fairly, and in a transparent manner.
- Collected only for specified, explicit, and legitimate purposes.
- Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
- Accurate and where necessary kept up to date.
- Not kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the data is processed.
- Processed in a manner that ensures its security using appropriate technical and organizational measures to protect against unauthorized or unlawful processing and against accidental loss, destruction or damage.
- Not transferred to another country without appropriate safeguards being in place.
- Made available to data subjects and data subjects allowed to exercise certain rights in relation to their personal data.
- the Firm are responsible for and must be able to demonstrate compliance with the data protection principles listed above.
Lawfulness, fairness, transparency
Lawfulness and fairness
- You may only collect, process, and share personal data fairly and lawfully and for specified purposes. The GDPR restricts the Firm’s actions regarding personal data to specified lawful purposes. These restrictions are not intended to prevent processing, but to ensure that the Firm processes personal data fairly and without adversely affecting the data subject.
- The GDPR allows processing for specific purposes, some of which are set out below:
- the data subject has given his or her consent;
- the processing is necessary for the performance of a contract with the data subject;
- to meet the Firm’s legal compliance obligations;
- to protect the data subject’s vital interests;
- to pursue the Firm’s legitimate interests for purposes where they are not overridden because the processing prejudices the interests or fundamental rights and freedoms of data subjects. The purposes for which the Firm processes personal data for legitimate interests need to be set out in applicable privacy notices, which are sometimes called fair processing notices.
- You must identify and document the legal ground(s) being relied on for each processing activity. Please speak to the Firm’s Executive Director for guidance.
- Consent must be freely given, specific, informed, and be an unambiguous indication of the data subject’s wishes. The consent must signify the data subject’s agreement to the processing by a clear statement or positive action. Silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If consent is given in a document which deals with other matters, then the consent must be kept separate from those other matters.
- Consent must be able to be easily withdrawn at any time and withdrawal must be promptly honored. Consent may need to be refreshed if you intend to process personal data for a different and incompatible purpose which was not disclosed when the data subject first consented.
- Unless the Firm can rely on another legal basis of processing, explicit consent (which requires a very clear and specific statement, not just action) is usually required for processing sensitive personal information, for automated decision-making, and for cross border data transfers. Usually the Firm will rely on another legal basis to process most types of sensitive personal information. Where explicit consent is required, you must issue a privacy notice to the data subject to capture explicit consent.
- You must evidence consent captured and keep records of all consents so that the Firm can demonstrate compliance with consent requirements.
Transparency (notifying data subjects)
- The GDPR requires the Firm to provide detailed, specific information to data subjects:
- Whenever the Firm collects personal data directly from data subjects, including for human resources or employment purposes, the Firm must provide the data subject with all the information required by the GDPR including the identity of the data controller (which will usually be the Firm) and the Data Protection Officer (“DPO”) (if there is one), how and why the Firm will use, process, disclose, protect, and retain that personal data through a privacy notice. The privacy notice must be presented when the data subject first provides the personal data.
- When personal data is collected indirectly (for example, from a third party or publicly available source), you must provide the data subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the personal data was collected by the third party in accordance with the GDPR and on a basis which contemplates the Firm’s proposed processing of that personal data.
- Such information must be provided through appropriate privacy notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a data subject can easily understand them.
- Personal data must be collected only for specified, explicit, and legitimate purposes. You cannot use personal data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the data subject of the new purposes and they have consented where necessary.
- Personal data must be adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed. You must not process personal data for any reason unrelated to your job duties. You may only collect personal data that you require for your job duties: do not collect excessive data. Ensure any personal data collected is adequate and relevant for the intended purposes.
- You must ensure that when personal data is no longer needed for specified purposes, it is deleted or anonymized in accordance with the Firm’s data retention guidelines.
- You must ensure that the personal data the Firm uses and holds is accurate, complete, kept up to date, and relevant to the purpose for which the Firm collected it. You must check the accuracy of any personal data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date personal data without delay.
- Personal data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed or where there is a legitimate and/or legal requirement to do so.
- The Firm will maintain retention policies and procedures to ensure personal data is deleted after a reasonable time for the purposes for which it was being held unless a law requires such data to be kept for a minimum time. You must comply with the Firm’s guidelines on data retention as may be published from time to time.
- You will take all reasonable steps to destroy or erase from the Firm’s systems all personal data that the Firm no longer requires in accordance with all the Firm’s applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable.
- You will ensure data subjects are informed of the period for which data is stored and how that period is determined in any applicable privacy notice.
Security integrity and confidentiality
Protecting Personal Data
- Personal data must be secured by appropriate technical and organizational measures against unauthorized or unlawful processing, and against accidental loss, destruction or damage. the Firm draw your attention to the Firm’s IT and data security policies.
- The Firm will develop, implement, and maintain safeguards appropriate to the Firm’s size, scope, and business, the Firm’s available resources, the amount of personal data that the Firm owns or maintains on behalf of others and identified risks (including use of encryption and pseudonymization where applicable). The Firm will regularly evaluate and test the effectiveness of those safeguards to ensure security of the Firm’s processing of personal data.
- You must follow all procedures and technologies the Firm puts in place to maintain the security of all personal data from the point of collection to the point of destruction. You may only transfer personal data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested. You are responsible for protecting the personal data the Firm holds. You must implement reasonable and appropriate security measures against unlawful or unauthorized processing of personal data and against the accidental loss of, or damage to, personal data. You must exercise particular care in protecting sensitive personal information from loss and unauthorized access, use or disclosure.
- You must maintain data security by protecting the confidentiality, integrity, and availability of the personal data:
- Confidentiality means that only people who have a need to know and are authorized to use the personal data can access it.
- Integrity means that personal data is accurate and suitable for the purpose for which it is processed.
- Availability means that authorized users are able to access the personal data when they need it for authorized purposes.
- You must comply with and not attempt to circumvent the administrative, physical, and technical safeguards the Firm implements and maintains in accordance with the GDPR and relevant standards to protect personal data.
Reporting a Personal Data Breach
- The GDPR requires the Firm to notify any act or omission that compromises the security, confidentiality, integrity or availability of personal data, or the physical, technical, administrative or organizational safeguards that the Firm or the Firm’s third-party service providers put in place to protect it. The loss, unauthorized access, disclosure or acquisition of personal data is known as a “personal data breach”.
- You must comply with any policies and procedures put in place by the Firm to deal with any suspected personal data breach. The Firm will notify data subjects or any applicable regulator where the Firm is legally required to do so.
- If you know or suspect that a personal data breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the Firm’s Executive Director. You should preserve all evidence relating to the potential personal data breach.
- The GDPR restricts data transfers to countries outside the UK and/or the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. Personal data is transferred when you transmit, send, view or access that data in or to a different country.
- You may only transfer personal data outside the UK and/or the EEA if one of the following conditions applies:
- the European Commission has issued a decision confirming that the country to which the Firm transfers the personal data ensures an adequate level of protection for the data subjects’ rights and freedoms;
- appropriate safeguards are in place such as binding corporate rules, standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism;
- the data subject has provided explicit consent (see above) to the proposed transfer after being informed of any potential risks; or
- the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between the Firm and the data subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the data subject where the data subject is physically or legally incapable of giving consent and, in some limited cases, for the Firm’s legitimate interest.
- Please speak to the Firm’s Executive Director if you are unsure about transferring data.
Data subject’s rights and requests
- Data subjects have rights when it comes to how the Firm handles their personal data. These include rights to:
- withdraw consent to processing at any time;
- receive certain information about the Firm’s processing activities;
- request access to their personal data that the Firm holds;
- prevent the Firm’s use of their personal data for direct marketing purposes;
- ask the Firm to erase personal data if it is no longer necessary in relation to the purposes for which it was collected or processed or to rectify inaccurate data or to complete incomplete data;
- restrict processing in specific circumstances;
- challenge processing which has been justified on the basis of the Firm’s legitimate interests or in the public interest;
- request a copy of an agreement under which personal data is transferred outside of the UK and/or the EEA;
- object to decisions based solely on automated processing and automated decision making;
- prevent processing that is likely to cause damage or distress to the data subject or anyone else;
- be notified of a personal data breach which is likely to result in high risk to their rights and freedoms;
- make a complaint to the supervisory authority; and
- in limited circumstances, receive or ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format.
- You must verify the identity of an individual requesting data under any of the rights listed above. Do not allow third parties to persuade you into disclosing personal data without proper authorization.
- You must immediately forward any data subject request you receive to the Firm’s Executive Director .
Privacy by design and Data Protection Impact Assessments (DPIAs)
- the Firm are required to implement privacy by design measures when processing personal data by implementing appropriate technical and organizational measures (like pseudonymization) in an effective manner, to ensure compliance with data privacy principles. “Privacy by design” means implementing appropriate technical and organizational measures in an effective manner to ensure compliance with data protection principles.
- You must assess what privacy by design measures can be implemented on all programs/systems/processes you use and create that process personal data by taking into account the following:
- the state of the art;
- the cost of implementation;
- the nature, scope, context, and purposes of processing; and
- the risks of varying likelihood and severity for rights and freedoms of data subjects posed by the processing.
- The Firm must also conduct DPIAs in respect to high risk processing. You should conduct a DPIA (and discuss your findings with the Firm’s Executive Director when implementing major system or business change programs involving the processing of personal data including:
- use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
- automated processing including profiling and automated decision making;
- large scale processing of sensitive personal information (special categories of personal data); and
- large scale, systematic monitoring of a publicly accessible area.
- A DPIA must include:
- a description of the processing, its purposes, and the Firm’s legitimate interests if appropriate;
- an assessment of the necessity and proportionality of the processing in relation to its purpose;
- an assessment of the risk to individuals; and
- the risk mitigation measures in place and demonstration of compliance.
- The Firm is responsible for, and must be able to demonstrate, compliance with the data protection principles.
- The Firm must have adequate resources and controls in place to ensure and to document GDPR compliance including:
- appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
- implementing privacy by design when processing personal data and completing DPIAs where processing presents a high risk to the rights and freedoms of data subjects;
- integrating data protection into internal documents including this policy, privacy notices and any related policies or privacy notices that may be issued from time to time;
- regularly training employees, workers, and self-employed contractors on the GDPR, this policy (and any related policies as may be issued from time to time) and data protection matters including, for example, data subject’s rights, consent, legal basis, DPIAs, and personal data breaches. The Firm must maintain a record of training attendance by employees, workers, and self-employed contractors; and
- regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
- The GDPR requires the Firm to keep full and accurate records of all the Firm’s data processing activities. Therefore, you must keep and maintain accurate corporate records reflecting the Firm’s processing including records of data subjects’ consents and procedures for obtaining consents in accordance with the Firm’s record keeping guidelines as may be issued from time to time.
- These records should include, at a minimum, the name and contact details of the Firm, clear descriptions of the personal data types, data subject types, processing activities, processing purposes, third-party recipients of the personal data (if any), personal data storage locations, personal data transfers, the personal data’s retention period and a description of the security measures in place. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows.
Training and audit
- The Firm is required to ensure all employees, workers, and self-employed contractors have undergone adequate training to enable them to comply with data privacy laws. The Firm must also regularly test the Firm’s systems and processes to assess compliance.
- You must therefore attend all mandatory data privacy related training and ensure your team attend similar mandatory training.
- You must also regularly review all the systems and processes under your control to ensure they comply with this policy and check that adequate governance controls and resources are in place to ensure proper use and protection of personal data.
Automated Processing (including profiling) and Automated Decision-Making
- Generally, automated decision-making is prohibited when a decision has a legal or similar significant effect on an individual unless:
- a data subject has explicitly consented;
- the processing is authorized by law; or
- the processing is necessary for the performance of or entering into a contract.
- If certain types of special categories of personal data are being processed, then grounds 53.2 or 53.3 will not be allowed but such data can be processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.
- If a decision is to be based solely on automated processing (including profiling), then data subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the data subject’s rights and freedoms and legitimate interests.
- The Firm must also inform the data subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the data subject the right to request human intervention, express their point of view or challenge the decision.
- A DPIA must be carried out before any automated processing (including profiling) or automated decision-making activities are undertaken.
- The Firm is subject to certain rules and privacy laws when marketing to the Firm’s clients. For example, a data subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing clients known as “soft opt in” allows organizations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
- The right to object to direct marketing must be explicitly offered to the data subject in an intelligible manner so that it is clearly distinguishable from other information.
- A data subject’s objection to direct marketing must be promptly honored. the Firm should only retain just enough information to ensure that marketing preferences are respected in the future.
Sharing Personal Data
- Generally, the Firm is not allowed to share personal data with third parties unless certain safeguards and contractual arrangements have been put in place.
- You may only share the personal data the Firm holds with another employee, agent or representative of the Firm if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.
- You may only share the personal data the Firm holds with third parties, such as the Firm’s service providers if:
- they have a need to know the information for the purposes of providing the contracted services;
- sharing the personal data complies with the privacy notice provided to the data subject and, if required, the data subject’s consent has been obtained;
- the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
- the transfer complies with any applicable cross border transfer restrictions; and
- a fully executed written contract that contains GDPR approved third party clauses has been obtained.
Changes to this Policy
- The Firm reserves the right to change this policy at any time without notice to you so please check back regularly to obtain the latest copy of this policy.
- This policy does not override any applicable national data privacy laws and regulations in countries where the Firm operates.