PERSONAL DATA PROTECTION & PRIVACY POLICY
Effective Date: January 3rd, 2022
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Aim and scope of policy
This policy applies to the processing of personal data in manual and electronic records kept by the Company. It also covers the Company’s response to any data breach and other rights under the Data Protection and Privacy Act (2019).
“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier.
“Special categories of personal data” is data, which relates to the religious or philosophical beliefs, political opinion, sexual life, financial information, health status or medical records of an individual.
“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The Company makes a commitment to ensuring that personal data, including special categories of personal data is processed in compliance with the Data Protection and Privacy Act (2019) and all its employees conduct themselves in line with this, and other related policies. Where third parties process personal data on behalf of the Company, the Company will ensure that the third party takes such measures in order to maintain the Company’s commitment to protecting personal data. In line with the Data Protection and Privacy Act (2019), the Company understands that it will be accountable for the processing, management and storage and retention of all personal data held in the form of manual records and on information systems.
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2. Types of data held
Personal data is kept in personnel files and the company’s information systems. The following types of personal data may be held by the Company, as appropriate, on relevant individuals:
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name, address, phone numbers
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social media handles
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CVs, academic information and other information gathered during recruitment
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National Identity Numbers
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Bank account information
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job title, job descriptions and pay grades
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HR issues such as appraisal, performance evaluation, letters of concern, disciplinary proceedings
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terms and conditions of employment
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training details
Relevant individuals should refer to the Company’s privacy notice for more information on the reasons for its processing activities, the lawful bases it relies on for the processing.
3. Data Protection Principles
All personal data obtained and held by the Company will:
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be processed fairly, lawfully and in a transparent manner
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be collected for specific, explicit, and legitimate purposes
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be adequate, relevant and limited to what is necessary for the purposes of processing
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be kept accurate and up to date. Every reasonable effort will be made to ensure that inaccurate data is rectified
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not be kept for longer than is necessary for its given purpose
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be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
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Comply with the Data Protection and Privacy Act (2019)
In addition, personal data will be processed in recognition of an individuals’ data protection rights, as follows:
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the right to be informed
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the right of access
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the right for any inaccuracies to be corrected (rectification)
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the right to restrict the processing of the data
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the right to object to the inclusion of any information
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the right to ask for information on any automated decision-making
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4. Procedures
The Company has taken the following steps to protect the personal data of relevant individuals, which it holds or to which it has access:
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It appoints or employs employees with specific responsibilities for:
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the processing and controlling of data
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the comprehensive reviewing of its data protection systems and procedures
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overviewing the effectiveness and integrity of all the data that must be protected.
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It provides information to its employees and customers on their data protection rights, how it uses their personal data, and how it protects it. The information includes the actions relevant individuals can take if they think that their data has been compromised in any way
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It provides its employees with information and training to make them aware of the importance of protecting personal data, to teach them how to do this, and to understand how to treat information confidentially
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It can account for all personal data it holds, where it comes from, who it is shared with and also who it might be shared with
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It carries out risk assessments as part of its reviewing activities to identify any vulnerabilities in its personal data handling and processing, and to take measures to reduce the risks of mishandling and potential breaches of data security.
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It recognises the importance of seeking individuals’ consent (in circumstances where its applicable) for obtaining, recording, using, sharing, storing and retaining their personal data. The Company understands that consent must be freely given, specific, informed and unambiguous. The Company will seek consent on a specific and individual basis where appropriate. Full information will be given regarding the activities about which consent is sought. Relevant individuals have the absolute and unimpeded right to withdraw that consent at any time.
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It has the appropriate mechanisms for detecting, reporting and investigating suspected or actual personal data breaches, including security breaches. It is aware of its duty to report significant breaches that cause significant harm to the affected individuals to the Personal Data Protection Office, and is aware of the possible consequences.
5. Access to data
Relevant individuals have a right to be informed whether the Company processes personal data relating to them and to access the data that the Company holds about them. Requests for access to this data will be dealt with under the following summary guidelines:
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The e-mail address through which to make a subject access request is available via our website.
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The Company will not charge for the supply of data unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request
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The Company will respond to a request without delay, subject to legally permitted provisions for confirming identity of the requestor.
Relevant individuals must inform the Company immediately if they believe that the data is inaccurate, either as a result of a subject access request or otherwise. The Company will take immediate steps to rectify the information.
6. Data disclosures
The Company may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include:
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any employee benefits operated by third parties
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HR management and administration
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the smooth operation of any employee insurance policies or pension plans.
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Meeting requirements from a regulator where applicable.
These kinds of disclosures will only be made when strictly necessary for the purpose.
7. Data security
The Company adopts procedures designed to maintain the security of data when it is stored and transported.
In addition, employees must:
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Ensure that all files or written information of a confidential nature are stored in a secure manner and are only accessed by people who have a need and a right to access them
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Ensure that all files or written information of a confidential nature are not left where they can be read by unauthorised people
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Check regularly on the accuracy of data being entered into information systems
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Always use the passwords provided to access the information system and not abuse them by passing them on to people who should not have them
Personal data relating to employees should not be kept or transported on laptops, USB sticks, or similar devices, unless authorised. Where personal data is recorded on any such device, it should be protected by:
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Ensuring that data is recorded on such devices only where absolutely necessary
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Using an encrypted hard disk or USB drive or strong malware protection
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Ensuring that laptops or USB drives are not left lying around where they can be stolen.
Failure to follow the Company’s rules on data security may be dealt with via the Company’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.
8. International data transfers
The Company may use data processors outside of Uganda. Such data processors shall be located in countries that have laws similar to Uganda’s Data Protection and Privacy Act or similar protection measures.
9. Breach notifications
Where a data breach is likely to result in a risk to the rights and freedoms of individuals, it will be reported to the Personal Data Protection Office as soon as the Company becomes aware of it and may be reported in more than one instalment. The Company will use the breach notification procedure prescribed in the Data Protection and Privacy Regulations.
Individuals will be informed directly after guidance from the Personal Data Protection Office in the event that the breach is likely to result in a high risk to the rights and freedoms of that individual.
If the breach is sufficient to warrant notification to the public, the Company will do so after guidance from the Personal Data Protection Office.
10. Trainings
New employees must read and understand the policies on data protection as part of their induction.
All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.
All employees who need to use any information system are trained to protect individuals’ private data, to ensure data security, and to understand the consequences to them as individuals and the Company of any potential lapses and breaches of the Company’s policies and procedures.
11. Records
The Company keeps records of its processing activities including the purpose for the processing. These records will be kept up to date so that they reflect current processing activities.
12. Data Pprotection officer
The Company shall assign responsibility for a Data Protection Officer and provide the necessary resources for his/her assignment. In some circumstances, this may be out sourced to a competent consultant or firm, however the company retains ultimate risk ownership.
13. Data Pprotection officer
This policy will be reviewed every three years or when there is a major change in the operations of the company.