Data Protection Policy v1.2 (2021)
The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Context Studio Limited. This includes obligations in dealing with personal data, in order to ensure that the organisation complies with the requirements of the relevant Irish legislation, namely the General Data Protection Regulation (GDPR) 2018, the Irish Data Protection Act (1988), and the Irish Data Protection (Amendment) Act (2003).
Context Studio Limited must comply with the Data Protection principles set out in the relevant legislation. This Policy applies to all Personal Data collected, processed and stored by Context Studio Limited in relation to its staﬀ, service providers and clients in the course of its activities. Context Studio Limited makes no distinction between the rights of Data Subjects who are employees, and those who are not. All are treated equally under this Policy.
The policy covers both personal and sensitive personal data held in relation to data subjects by Context Studio Limited. 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 Context Studio Limited. Both categories will be equally referred to as Personal Data in this policy, unless specifically stated otherwise.
Context Studio Limited as a Data Controller
In the course of its daily organisational activities, Context Studio Limited acquires, processes and stores personal data in relation to:
- Employees of Context Studio Limited
- Customers of Context Studio Limited
- Third party service providers engaged by Context Studio Limited
In accordance with the Irish Data Protection legislation, this data must be acquired and managed fairly. Not all staﬀ members will be expected to be experts in Data Protection legislation. However, Context Studio Limited is committed to ensuring that its staﬀ have suﬃ- cient awareness of the legislation in order to be able to anticipate and identify a Data Protection issue, should one arise. In such circumstances, staﬀ must ensure that the Data Protection Oﬃcer is informed, and in order that appropriate corrective action is taken.
Due to the nature of the services provided by Context Studio Limited, there is regular and active exchange of personal data between Context Studio Limited and its Data Subjects. In addition, Context Studio Limited exchanges personal data with Data Processors on the Data Subjects’ behalf.
This is consistent with Context Studio Limited’s obligations under the terms of its contract with its Data Processors.
This policy provides the guidelines for this exchange of information, as well as the procedure to follow in the event that a Context Studio Limited staﬀ member is unsure whether such data can be disclosed.
In general terms, the staﬀ member should consult with the Data Protection Oﬃcer to seek clarification.
Subject Access Requests
Any formal, written request by a Data Subject for a copy of their personal data (a Subject Access Request) will be referred, as soon as possible, to the Data Protection Oﬃcer, and will be processed as soon as possible.
It is intended that by complying with these guidelines, Context Studio Limited will adhere to best practice regarding the applicable Data Protection legislation.
Data Loss Notifications
Context Studio Limited understands and commits, in circumstances where data loss, or a breach of data has been identified, to notify both the oﬃce of the Irish Data Protection Commissioner, and the data subjects concerned, without undue delay, and ideally within 72 hours of identifying the loss of data or data breach.
In the course of its role as Data Controller, Context Studio Limited engages a number of Data Processors to process Personal Data on its behalf. In each case, a formal, written contract is in place with the Processor, outlining their obligations in relation to the Personal Data, the specific purpose or purposes for which they are engaged, and the understanding that they will process the data in compliance with the Irish Data Protection legislation.
These Data Processors include, but are not limited to:
Blacknight Internet Services Microsoft Oﬃce 365
Miro (formerly RealtimeBoard) Mural
Zoom Video Communications Inc. LinkedIn Inc.
The Data Protection Principles
The following key principles are enshrined in the Irish legislation and are fundamental to the Context Studio Limited’s Data Protection policy.
In its capacity as Data Controller, Context Studio Limited ensures that all data shall:
- 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 (Context Studio Limited)
– 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. Context Studio Limited 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, Context Studio Limited will ensure that collection of the data is justified under one of the other lawful processing conditions – legal obligation, contractual necessity, etc.;
– Where Context Studio Limited intends to record activity on video, a Fair Processing Notice will be shared prior to recording;
– Processing of the personal data will be carried out only as part of Context Studio Limited’s lawful activities, and Context Studio Limited 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 Context Studio Limited and operating on its behalf.
- be obtained only for one or more specified, legitimate purposes.
Context Studio Limited 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 Context Studio Limited holds their data, and Context Studio Limited will be able to clearly state that purpose or purposes.
- not be further processed in a manner incompatible with the specified purpose(s).
Any use of the data by Context Studio Limited will be compatible with the purposes for which the data was acquired.
- be kept safe and secure.
Context Studio Limited 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 Context Studio Limited in its capacity as Data Controller.
Access to and management of staﬀ and customer records is limited to those staﬀ members who have appropriate authorisation and password access.
- be kept accurate, complete and up-to-date where necessary.
Context Studio Limited will:- ensure that administrative and IT validation processes are in place to conduct regular assessments of data accuracy;
– conduct periodic reviews and audits to ensure that relevant data is kept accurate and up-to-date.
– conduct regular assessments in order to establish the need to keep certain Personal Data.
- be adequate, relevant and not excessive in relation to the purpose(s) for which the
data were collected and processed.
Context Studio Limited 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.
- not be kept for longer than is necessary to satisfy the specified purpose(s).
Context Studio Limited regularly evaluates the data that it holds or processes to ensure that it is not being retained beyond a period necessary for its specified purposes. Context Studio Limited undertakes to destroy, erase or otherwise put beyond use, identified data which is no longer required to be held in fulfilment of its intended purpose.
- 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.
Context Studio Limited 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 Access Requests
As part of the day-to-day operation of the organisation, Context Studio Limited’s staﬀ engage in active and regular exchanges of information with Data Subjects. Where a formal request is submitted by a Data Subject in relation to the data held by Context Studio Limited, such a request gives rise to access rights in favour of the Data Subject.
Context Studio Limited’s staﬀ will ensure that, where necessary, such requests are forwarded to the Data Protection Oﬃcer in a timely manner, and they are processed as quickly and eﬃciently as possible, but within not more than 40 days from receipt of the request.
As a Data Controller, Context Studio Limited 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 Context Studio Limited’s data in a compliant manner will be viewed as a breach of contract, and will be pursued through the courts.
Failure of Context Studio Limited’s staﬀ to process Personal Data in compliance with this policy may result in disciplinary proceedings.
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 pro- cessed 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, Context Studio Limited 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.
Data Protection Oﬃcer
A person appointed by Context Studio Limited to monitor compliance with the appropriate Data Protection legislation, to deal with Subject Access Requests, and to respond to Data Protection queries from staﬀ members and service recipients.
Context Studio Limited names John Lynch, Founder and Director of Context Studio Limited, as Data Protection Oﬃcer. Any requests relating to personal data processed by Context Studio Limited can be submitted by email to email@example.com.
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.