The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Mary Jane Newman. This includes obligations in dealing with personal data, in order to ensure that Mary Jane Newman’s business complies with the requirements of the relevant Irish legislation, namely the Irish Data Protection Act (1988), the Irish Data Protection (Amendment) Act (2003), and the European Union General Data Protection Regulation (GDPR) (2018).
Mary Jane Newman must comply with the Data Protection principles set out in the relevant legislation and regulation. This Policy applies to all Personal Data collected, processed and stored by Mary Jane Newman in relation to its service providers and clients in the course of its activities.
The policy covers both personal and sensitive personal data held in relation to data subjects by Mary Jane Newman. The policy applies equally to personal data held in manual and automated form.
All Personal and Sensitive Personal Data will be treated with equal care by Mary Jane Newman. Both categories will be equally referred-to as Personal Data in this policy, unless specifically stated otherwise.
Mary Jane Newman as a Data Controller
In the course of its daily organisational activities, Mary Jane Newman acquires, processes and stores personal data in relation to:
• Clients of Mary Jane Newman
• Third party service providers engaged by Mary Jane Newman
Due to the nature of the services provided by Mary Jane Newman, there is regular and active exchange of personal data between Mary Jane Newman and its Data Subjects. This policy provides the guidelines for this exchange of information.
The Data Protection Principles
The following key principles are enshrined in the Irish legislation and EU Regulation and are fundamental to Mary Jane Newman’s Data Protection policy.
In its capacity as Data Controller, Mary Jane Newman ensures that all data shall:
1. … be obtained and processed fairly and lawfully.
For data to be obtained fairly, the data subject will, at the time the data are being collected, be made aware of:
- The identity of the Data Controller (Mary Jane Newman).
- The purpose(s) for which the data is being collected.
- The person(s) to whom the data may be disclosed by the Data Controller.
- Any other information that is necessary so that the processing may be fair.
Mary Jane Newman will meet this obligation in the following way.
- Where possible, the informed consent of the Data Subject will be sought before their data is processed;
- Where it is not possible to seek consent, Mary Jane Newman will ensure that collection of the data is justified under one of the other lawful processing conditions – legal obligation, contractual necessity, etc.;
- Processing of the personal data will be carried out only as part of Mary Jane Newman’s lawful activities, and Mary Jane Newman will safeguard the rights and freedoms of the Data Subject;
- The Data Subject’s data will not be disclosed to a third party other than to a party contracted to Mary Jane Newman and operating on its behalf.
2. … be obtained only for one or more specified, legitimate purposes.
Mary Jane Newman will obtain data for purposes which are specific, lawful and clearly stated. A Data Subject will have the right to question the purpose(s) for which Mary Jane Newman holds their data, and Mary Jane Newman will be able to clearly state that purpose or purposes.
3. … not be further processed in a manner incompatible with the specified purpose(s).
Any use of the data by Mary Jane Newman will be compatible with the purposes for which the data was acquired.
4. … be kept safe and secure.
Mary Jane Newman will employ high standards of security in order to protect the personal data under its care. Appropriate security measures will be taken to protect against unauthorised access to, or alteration, destruction or disclosure of any personal data held by Mary Jane Newman in her capacity as Data Controller. Access to and management of customer records is limited to those who have appropriate authorisation and password access.
5. … be kept accurate, complete and up-to-date where necessary.
Mary Jane Newman will:
- ensure that administrative and IT validation processes are in place to conduct regular assessments of data accuracy;
- conduct regular assessments in order to establish the need to keep certain Personal Data.
6. … be adequate, relevant and not excessive in relation to the purpose(s) for which the data were collected and processed.
Mary Jane Newman will ensure that the data it processes in relation to Data Subjects are relevant to the purposes for which those data are collected. Data which are not relevant to such processing will not be acquired or maintained.
7. … not be kept for longer than is necessary to satisfy the specified purpose(s).
Mary Jane Newman keeps personal data for a time deemed reasonable and necessary. Once the period has elapsed, Mary Jane Newman undertakes to destroy, erase or otherwise put this data beyond use.
8. … be managed and stored in such a manner that, in the event a Data Subject submits a valid Subject Access Request seeking a copy of their Personal Data, this data can be readily retrieved and provided to them.
Mary Jane Newman has implemented a Subject Access Request procedure by which to manage such requests in an efficient and timely manner, within the timelines stipulated in the legislation.
Data Subject Requests
Subject Access Requests
Any formal, written request by a Data Subject for a copy of their personal data will be processed as soon as possible, with the maximum response time being one month as per GDPR.
Any formal, written request by a Data Subject for a copy of their personal data to be transferred to another therapy/medical service will be carried out within one month.
Any formal, written request by a Data Subject for the update of their personal data to rectify incorrect or out-of-date information will be carried out within one month.
Any formal, written request by a Data Subject for the erasure or ‘right to be forgotten’ of their personal data will be carried out within one month.
Third Party Contractors
Any third parties contracted will be given documented instructions, covering areas including confidentiality obligations, security practices, processing, storage and transfer of data and the return or destruction of the personal data at the end of the relationships.
As a Data Controller, Mary Jane Newman ensures that any entity which processes Personal Data on its behalf (a Data Processor) does so in a manner compliant with the Data Protection legislation. Failure of a Data Processor to manage Mary Jane Newman’s data in a compliant manner will be viewed as a breach of contract, and will be pursued through the courts.
Data Breach Reporting
A breach is a loss of control, compromise, unauthorised disclosure, unauthorised acquisition, unauthorised access, or any similar term referring to situations where persons other than authorised users, for an authorised purpose, have access or potential access to personal data in usable form, whether manual or automated.
All incidents (a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed) will be reported to the Office of the Data Protection Commissioner within 72 hours. Where devices or equipment containing personal or sensitive personal data are lost or stolen, the Data Protection Commissioner is notified only where the data on such devices is not encrypted. The affected data subjects will also be informed.
Data Breach Logging
All data breaches will be recorded in an incident log as required by the Office of the Data Protection Commissioner. The log will maintain a summary record of each incident which has given rise to a risk of unauthorised disclosure, loss, destruction or alteration of personal data. The record will include a brief description of the nature of the incident and an explanation of why the Office of the Data Protection Commissioner was not informed. Such records will be provided to the Office of the Data Protection Commissioner upon request.
For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.
This includes both automated and manual data. Automated data means data held on computer, or stored with the intention that it is processed on computer. Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.
Information which relates to a living individual, who can be identified either directly from that data, or indirectly in conjunction with other data which is likely to come into the legitimate possession of the Data Controller. (If in doubt, [The Company] refers to the definition issued by the Article 29 Working Party, and updated from time to time.)
Sensitive Personal Data
A particular category of Personal data, relating to: Racial or Ethnic Origin, Political Opinions, Religious, Ideological or Philosophical beliefs, Trade Union membership, Information relating to mental or physical health, information in relation to one’s Sexual Orientation, information in relation to commission of a crime and information relating to conviction for a criminal offence.
A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed.
A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly.
A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment.
Relevant Filing System
Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable.