Albany is committed to being transparent about how it collects and uses the personal data of all individuals that it comes into contact with in the course of its business, and to meeting its data protection obligations. This policy sets out Albany’s commitment to data protection, and individual rights and obligations in relation to personal data.
This policy applies to the personal data of potential candidates and candidates, referees, client contacts and other individuals that it comes into contact with in the search process, referred to below as ‘search-related personal data’.
Albany has appointed James Goodrich, Managing Partner, as the person with responsibility for data protection compliance within the organisation. He can be contacted at firstname.lastname@example.org or on 07753438010. Questions about this policy, or requests for further information, should be directed to him.
“Personal data” is any information that relates to an individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.
“Special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.
“Criminal records data” means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.
Data protection principles
Albany processes search-related personal data in accordance with the following data protection principles:
Albany tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons.
Where Albany processes special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with a policy on special categories of data and criminal records data.
Albany will update search-related personal data promptly if an individual advises that his/her information has changed or is inaccurate.
Personal data gathered during the search process is held securely and confidentially in hard copy or electronic format, or both, and on our case management and other IT systems (including email). The periods for which Albany holds search-related personal data are contained in its privacy notices to individuals.
Albany keeps a record of its processing activities in respect of search-related personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).
As a data subject, individuals have a number of rights in relation to their personal data.
Subject access requests
Individuals have the right to make a subject access request. If an individual makes a subject access request, Albany will tell him/her:
Albany will also provide the individual with a copy of the personal data undergoing processing upon request. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.
To make a subject access request, the individual should send the request to James Goodrich at email@example.com . In some cases, Albany may need to ask for proof of identification before the request can be processed. Albany will inform the individual if it needs to verify his/her identity and the documents it requires.
Albany will normally respond to a request within a period of one month from the date it is received. In some cases, such as where Albany processes large amounts of the individual’s data, it may respond within three months of the date the request is received. Albany will write to the individual within one month of receiving the original request to tell him/her if this is the case.
If a subject access request is manifestly unfounded or excessive, Albany is not obliged to comply with it. Alternatively, Albany can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which Albany has already responded. If an individual submits a request that is unfounded or excessive, Albany will notify him/her that this is the case and whether or not it will respond to it.
Individuals have a number of other rights in relation to their personal data. They can require Albany to:
To ask Albany to take any of these steps, the individual should send the request to James Goodrich at firstname.lastname@example.org.
Albany takes the security of search-related personal data seriously. Albany has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
Where Albany engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
Some of the processing that Albany carries out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms, Albany will carry out a data protection impact assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.
If Albany discovers that there has been a breach of search-related personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. Albany will record all data breaches regardless of their effect.
If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.
International data transfers
Albany will only transfer data to countries outside the European Economic Area (EEA) for the purposes of processing it on cloud based IT and case management systems. Data is transferred outside the EEA in accordance with the conditions set out in the GDPR and only to countries that have been certified by the European Commission as having an adequate level of data protection in place.
Individuals are responsible for helping Albany keep their personal data up to date, particularly as individuals will be the source of much of the personal data that Albany holds.
Albany staff may have access to the personal data of other individuals, including candidates, clients and referees, in the course of their employment, contract, volunteer period, internship or apprenticeship. Where this is the case, Albany relies on individuals to help meet its data protection obligations to those other individuals.
Individuals who have access to personal data are required:
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under Albany’s disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing candidate or client data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.
Albany will provide training to all staff about their data protection responsibilities at regular intervals.