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Data Protection

Data Protection Policy - The Channel Islands Co-operative Society Limited

1. Introduction

1.1 The Policy sets out the obligations of The Channel Islands Co-operative Society Limited, its subsidiaries and all affiliated entities, (the “Society”) regarding data protection and the rights of its data subjects.

1.2 The Society is registered under the Industrial & Provident Societies Act 1965 - 1978 (Industrial & Provident Societies (Channel Islands) Order 1965 - 1978) and has its registered office at Co-operative House, 57 Don Street, St Helier, Jersey JE2 4TR. The Society is registered with the Mutuals Section of the Financial Conduct Authority in the United Kingdom (Number 14672R). The Financial Conduct Authority acts as registrar for Industrial & Provident Societies (Co-operatives).

1.3 The Society is registered as a data controller with the Office of the Information Commissioner in Jersey, and our registration number is 15593. We are also registered as a data controller with the Office of the Data Protection Commissioner in Guernsey, and our registration number is 10219.

1.4 For the purposes of this Data Protection Policy, the “Data Protection Policy” shall mean The Data Protection (Jersey) Law 2018, as amended from time to time, or The Data Protection (Bailiwick of Guernsey) Law 2017, as amended from time to time, as the context dictates.

1.5 The Data Protection Law 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 particular 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, cultural, or social identity of that natural person.

1.6 This Policy sets the Society’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data.  The procedures and principles set out herein must be followed at all times by the Society, its employees, agents, contractors, or other parties working on behalf of the Society.

1.7 The Society is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

2. The Data Protection Principles

This Policy aims to ensure compliance with the Data Protection Law, which sets out the following principles with which any party handling personal data must comply. All personal data must be:

2.1 Processed lawfully, fairly, and in a transparent manner, in relation to the data subject.

2.2 Collected for specified, explicit, and legitimate purposes and not processed further 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 considered to be incompatible with the initial purposes.

2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

2.4 Accurate and where necessary kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.

2.5 Kept in a form which permits identification of data subjects for no longer than is necessary, for the purposes for which the personal data is 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 Data Protection Law in order to safeguard the rights and freedoms of the data subject.

2.6 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.

3. The Rights of Data Subjects

The Data Protection Law sets out the following rights applicable to data subjects (please refer to the Section of this Policy indicated for further details):

3.1 The right to be informed (Section 12).

3.2 The right of access (Section 13);

3.3 The right to rectification (Section 14);

3.4 The right to erasure (also known as the ‘right to be forgotten’) (Section 15);

3.5 The right to restrict processing (Section 16);

3.6 The right to data portability (Section 17);

3.7 The right to object (Section 18); and

3.8 Rights with respect to automated decision-making and profiling (Sections 19 and 20). 

4. Lawful, Fair, and Transparent Data Processing

4.1 The Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Data Protection Law states that processing of personal data shall be lawful if at least one of the following applies:

4.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes;

4.1.2 The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;

4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;

4.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person;

4.1.5 The processing is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the data controller; or

4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third-party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

4.2 If the personal data in question is “special category data” (for example, 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), at least one of the following conditions must be met:

4.2.1 The data subject has given their explicit consent to the processing of such data for one or more specified purposes;

4.2.2 The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law and is conducted in a way that provides for appropriate safeguards for the fundamental rights and interests of the data subject);

4.2.3 The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;

4.2.4 The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members, or former members of that body, or to persons who have regular contact with it in connection with its purposes, and that the personal data is not disclosed outside the body without the consent of the data subjects;

4.2.5 The processing relates to personal data which is clearly made public by the data subject;

4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;

4.2.7 The processing is necessary for substantial public interest reasons, which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;

4.2.8 The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services;

4.2.9 The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, and is conducted in such a manner as to safeguard the rights and freedoms of the data subject (in particular professional secrecy); or

4.2.10 The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes and is conducted in a way that respects the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

5. Specified, Explicit, and Legitimate Purposes

5.1 The Society collects and processes the personal data for the specific purposes set out in its Privacy Policies, and/or for purposes permitted by the Data Protection Law.

5.2 The Society’s Privacy Policies for:

5.1.1 employees is available on Select HR; and

5.1.2 all other purposes are available at www.channelislands.coop/YourRights

6. Adequate, Relevant, and Limited Data Processing

The Society will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Section 5 above and as set out in Section 21 below.

7. Accuracy of Data and Keeping Data Up-to-Date

The Society shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Section 14, below.

The accuracy of personal data shall be checked when it is collected and appropriate intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken to amend or erase that data, as appropriate, without delay.

8. Data Retention

8.1 The Society shall not keep personal data for any longer than is necessary,  in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

8.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

8.3 For full details of the Society’s approach to data retention, including retention periods for specific personal data types held by the Society, please refer to our Data Retention Policy.

9. Secure Processing

The Society shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Sections 22 to 27 of this Policy.

10. Accountability and Record-Keeping

10.1 The Society’s Data Protection Officer is:

Chris Lintell, Chief Governance Officer & Society Secretary

Post:

The Channel Islands Co-operative Society Limited
Co-operative House
57 Don Street
St Helier
Jersey
JE2 4TR

Email:  dpo@channelislands.coop

Tel: 01534 879822 or 01481 231155

10.2 The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Society’s other data protection related policies, and with the Data Protection Law and other applicable data protection legislation.

10.3 The Society shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

10.3.1 The name and details of the Society, its Data Protection Officer, and any applicable third-party data processors;

10.3.2 The purposes for which the Society collects, holds, and processes personal data;

10.3.3 Details of the categories of personal data collected, held, and processed by the Society and the categories of data subject to which that personal data relates;

10.3.4 Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards (both Jersey and Guernsey are outside the EEA);

10.3.5 Details of how long personal data will be retained by the Society (please refer to the Society’s Data Retention Policy); and

10.3.6 Detailed descriptions of all technical and organisational measures taken by the Society to ensure the security of personal data.

11. Data Protection Impact Assessments

11.1 The Society shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data, which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the Data Protection Law.

11.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

11.2.1 The type(s) of personal data that will be collected, held, and processed;

11.2.1 The purpose(s) for which personal data is to be used;

11.2.3 The Society’s objectives;

11.2.4 How personal data is to be used;

11.2.5 The parties (internal and/or external) who are to be consulted;

11.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;

11.2.7 Risks posed to data subjects;

11.2.8 Risks posed both within and to the Society; and

11.2.9 Proposed measures to minimise and handle identified risks.

12. Keeping Data Subjects Informed

12.1 The Society shall provide the information set out in Section 12.2 to every data subject:

12.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

12.1.2 Where personal data is obtained from a third-party, the relevant data subjects will be informed of its purpose:

(a) if the personal data is used to communicate with the data subject, when the first communication is made; or

(b) if the personal data is to be transferred to another party, before that transfer is made; or

(c) as soon as reasonably possible and in any event not more than one month after the personal data is obtained.

12.2 The following information shall be provided:

12.2.1 Details of the Society including, but not limited to, the identity of its Data Protection Officer;

12.2.2 The purpose(s) for which the personal data is being collected and will be processed and the legal basis justifying that collection and processing;

12.2.3 Where applicable, the legitimate interests upon which the Society is justifying its collection and processing of the personal data;

12.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

12.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties;

12.2.6 Where the personal data is to be transferred to a third-party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Section 28 of this Policy for further details);

12.2.7 Details of data retention;

12.2.8 Details of the data subject’s rights under the Data Protection Law;

12.2.9 Details of the data subject’s right to withdraw their consent to the Society’s processing of their personal data at any time;

12.2.10 Details of the data subject’s right to complain to the Information Commissioner’s Office in Jersey or the Office of the Data Protection Commissioner in Guernsey as the context dictates (the “supervisory authority” under the Data Protection Law);

12.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of personal data and details of any consequences of failing to provide it; and

12.2.12 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.

13. Data Subject Requests

13.1 Data subjects may make Data Subject Requests (“DSRs”) at any time to find out more about the personal data which the Society holds about them, what it is doing with that personal data, and why.

14. Rectification of Personal Data

14.1 Data subjects have the right to require the Society to rectify any of their personal data that is inaccurate or incomplete.

14.2 The Society shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Society of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

14.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

15. Erasure of Personal Data

15.1 Data subjects have the right to request that the Society erases the personal data it holds about them in the following circumstances:

15.1.1 It is no longer necessary for the Society to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;

15.1.2 The data subject wishes to withdraw their consent to the Society of holding and processing their personal data;

15.1.3 The data subject objects to the Society holding and processing their personal data (and there is no overriding legitimate interest to allow the Society to continue doing so), (see Section 18 of this Policy for further details concerning the right to object);

15.1.4 The personal data has been processed unlawfully;

15.1.5 The personal data needs to be erased in order for the Society to comply with a particular legal obligation; or

15.1.6 The personal data is being held and processed for the purpose of providing services to a child.

15.2 Unless the Society has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

15.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

16. Restriction of Personal Data Processing

16.1 Data subjects may request that the Society ceases processing the personal data it holds about them. If a data subject makes such a request, the Society shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

16.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

17. Data Portability

17.1 Where data subjects have given their consent to the Society to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Society and the data subject, data subjects have the right, under the Data Protection Law to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).

17.2 To facilitate the right of data portability, the Society shall make available all applicable personal data to data subjects in practical and appropriate formats.

17.4 Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.

17.5 All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.

18. Objections to Personal Data Processing

18.1 Data subjects have the right to object to the Society processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.

18.2 Where a data subject objects to the Society processing their personal data based on its legitimate interests, the Society shall cease such processing immediately, unless it can be demonstrated that the Society’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

18.3 Where a data subject objects to the Society processing their personal data for direct marketing purposes, the Society shall cease such processing immediately.

18.4 Where a data subject objects to the Society processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the Data Protection Law , “demonstrate grounds relating to his or her particular situation”. The Society is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

19. Automated Decision-Making

19.1 The Society does not use personal data in automated decision-making processes, at the date of this Policy. Should the Society’s approach to automated decision-making alter data subjects will be notified of this change.

19.2 The Data Protection Law provides that that data subjects shall have the right to challenge decisions made by automated processes. They shall also have the right to demand to demand human intervention, including the opportunity to explain their point of view and to obtain an explanation for the decision from the Society.

19.3 The rights described in 19.2 above do not apply in the following circumstances:

19.3.1 the decision is necessary for entering into a contract or to the performance of a contract between the Society and the Data Subject;

19.3.2 the decision is authorised by law; or

19.3.3     the data subject has given express consent to such automated decision-making.

20. Profiling

20.1 The Society uses personal data for profiling for limited purposes to support its Human Resources management and marketing activities, as detailed in the Employees’ Privacy Statement and Members’ Privacy Statement which can be viewed at: www.channelislands.coop/YourRights

20.2 When personal data is used for profiling purposes, the following shall apply:

20.2.1 Clear information explaining the profiling shall be provided to data subjects, including the significance and likely consequences of the profiling;

20.2.2 Appropriate mathematical or statistical procedures shall be used;

20.2.3 Technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable them to be easily corrected; and

20.2.4 All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Sections 22 to 26 of this Policy for more details on data security).

21. Exercising Your Rights

21.1 To exercise your rights under the Data Protection Law as a data subject under the please go to www.channelislands.coop/YourRights and follow the process for submitting your request.

22. Data Security - Transferring Personal Data and Communications

The Society shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

22.1 All emails containing personal data must be marked “Confidential” using the Microsoft 365 tools provided, which will force encryption using Microsoft Office 365 Message Encryption;

22.2 All emails containing personal data must be marked “confidential”;

22.3 Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;

22.4 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;

22.5 Where personal data is to be sent by facsimile transmission, the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data, and the recipient must be required to acknowledge receipt; and

22.6 Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient or sent via an approved courier of Jersey Post or Guernsey Post, as appropriate, in a sealed envelope marked “Confidential”.

23. Data Security - Storage

The Society shall ensure that the following measures are taken with respect to the storage of personal data:

23.1 All electronic copies of personal data should be stored securely using passwords and only on an approved device;

23.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;

23.3 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones) unless the device belongs to the Society and the user has received the Society’s approval to do so.  In the event of such approval the user shall only use that personal data in accordance with the terms of that approval;

23.4 No personal data should 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 Society, where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Data Protection Law (which may include demonstrating to the Society that all suitable technical and organisational measures have been taken).

24. Data Security - Disposal of Personal Data

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Society’s Data Retention Policy.

25. Data Security - Use of Personal Data

The Society shall ensure that the following measures are taken with respect to the use of personal data;

25.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Society requires access to any personal data that they do not already have access to, such access should be formally requested from the Data Protection Officer;

25.2 No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Society or not, without the authorisation of the Data Protection Officer;

25.3 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors or other parties, at any time; and

25.4 If personal data is being viewed on a computer screen, and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it.

26. Data Security - IT Security

The Society shall ensure that the following measures are taken with respect to IT and information security:

26.1 All passwords used to protect personal data should be changed regularly, and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lower case letters, numbers, and symbols. All software used by the Society is designed to require such passwords;

26.2 Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Society, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT colleagues do not have access to such passwords;

26.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to-date.; and

26.4 No software may be installed on any Society-owned computer or device without the prior approval of the Head of Technology, Governance & Support.

27. Organisational Measures

27.1 The Society shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

27.1.1 All employees, agents, contractors, or other parties working on behalf of the Society shall be made fully aware of both their individual responsibilities and the Society’s responsibilities under the Data Protection Law and under this Policy, and shall be provided with a copy of this Policy;

27.1.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Society that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Society;

27.1.3 All employees, agents, contractors, or other parties working on behalf of the Society handling personal data will be appropriately trained to do so;

27.1.4 All employees, agents, contractors, or other parties working on behalf of the Society handling personal data will be appropriately supervised;

27.1.5 All employees, agents, contractors, or other parties working on behalf of the Society handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace, or otherwise;

27.1.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

27.1.7 All personal data held by the Society shall be reviewed periodically, as set out in the Society’s Data Retention Policy;

27.1.8 The performance of those employees, agents, contractors, or other parties working on behalf of the Society handling personal data shall be regularly evaluated and reviewed;

27.1.9 All employees, agents, contractors, or other parties working on behalf of the Society handling personal data will be bound to do so in accordance with the principles of the Data Protection Law  and this Policy by contract;

27.1.10 All agents, contractors, or other parties working on behalf of the Society handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Society arising out of this Policy and the Data Protection Law; and

27.1.10 Where any agent, contractor or other party working on behalf of the Society handling personal data fails in their obligations under this Policy, that party shall indemnify and hold harmless the Society against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

28. Transferring Personal Data to a Country Outside the EEA

28.1 The Society may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.

28.2 The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

28.2.1 The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation) that the European Commission has determined ensures an adequate level of protection for personal data;

28.2.2 The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies’; binding corporate rules, standard data protection clauses adopted by the European Commission, compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office), certification under an approved certification mechanism (as provided for in the Data Protection Law), contractual clauses agreed and authorised by the competent supervisory authority, or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;

28.2.3 The transfer is made with the informed consent of the relevant data subject(s);

28.2.4 The transfer is necessary for the performance of a contract between the data subject and the Society (or for pre-contractual steps taken at the request of the data subject);

28.2.5 The transfer is necessary for important public interest reasons;

28.2.6 The transfer is necessary for the conduct of legal claims;

28.2.7 The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; and

28.2.8 The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

29. Data Breach Notification

29.1 All personal data breaches must be reported immediately to the Society’s Data Protection Officer.

29.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event within 72 hours after having become aware of it.

29.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Section 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

29.4 Data breach notifications shall include the following information:

29.4.1 The categories and approximate number of data subjects concerned;

29.4.2 The categories and approximate number of personal data records concerned;

29.4.3 The name and contact details of the Society’s data protection officer (or other contact point where more information can be obtained);

29.4.4 The likely consequences of the breach;

29.4.5 Details of the measures taken, or proposed to be taken, by the Society to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

Effective Date: 25th May 2018