Data Protection Policy

This is the policy of the ‘Wealth Wizards Group’, which is Wealth Wizards Limited and its subsidiaries from time to time including Wealth Wizards Benefits Limited.

The Legislation

Data Protection Act 2018 (DPA 2018)

Data protection obligations are currently set out in the Data Protection Act 2018 (DPA 2018). The DPA 2018 sets out when personal data can lawfully be processed and how it should be processed. It governs processing by data controllers of personal data relating to data subjects.

Reform of the law at EU level: GDPR

In April 2016, the European Parliament approved a general data protection reform package, thereby bringing to a close nearly four years of work overhauling the EU’s data protection rules.

Data Protection Bill (DPB)

In June 2017, the government announced that the DPA 1998 would be replaced by a new Data Protection Bill (DPB). It is intended that the DPB, supplemented by the GDPR, will modernise data protection law in the UK given the demands of an increasingly digital economy and society. When the UK leaves the EU, the GDPR will be incorporated into UK domestic law under the European Union (Withdrawal) Bill currently before Parliament.

The four main areas covered by the DPB are:

  • General data processing (which will be relevant to an employer’s day-to-day dealings with its workforce).
  • Law enforcement data processing (the DPB will implement the DPLED).
  • Data processing for national security purposes (including processing by the intelligence services).
  • Regulatory oversight and enforcement by the Information Commissioner’s Office (ICO).

Wealth Wizards Limited is a data processor. Wealth Wizards Benefits Limited is a data controller and is registered with the Information Commissioner’s Office.

The Information Commissioner’s Office (ICO)

The Information Commissioner’s Office (ICO) is an independent public body responsible for upholding information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

The GDPR requires every member state to provide one or more independent public authorities to be responsible, as a “supervisory authority”, for monitoring its application, in order to protect the fundamental rights of individuals in relation to processing and to facilitate the free flow of personal data within the EU (Article 51(1)). The DPB confirms that the ICO will continue and will be the supervisory authority in the UK (clauses 112(1) and 113(1)).

Data controllers, and (where applicable) their representatives must co-operate on request with the ICO in the performance of its tasks (Article 31, GDPR).

The GDPR and DPB: concepts and definitions

The GDPR and DPB together create a new regime which will govern the processing by data controllers of personal data relating to data subjects. As it is put in recital 11 to the GDPR:

”Effective protection of personal data throughout the Union requires the strengthening and setting out in detail of the rights of data subjects and the obligations of those who process and determine the processing of personal data, as well as equivalent powers for monitoring and ensuring compliance with the rules for the protection of personal data and equivalent sanctions for infringements in the Member States.”

Under the new regime, the definition of personal data is more detailed and reflects changes in technology and the means organisations use to collect information about people. Data controllers will still be required to comply with a set of principles for processing personal data. The new principle of accountability requires data controllers to show how they have complied with the principles. For example, data controllers will not only need to have policies which demonstrate that they comply with the principles, but they will also need to be able to show how the policies have been implemented.

Definitions

Data Subject – the identified or identifiable living individual to whom personal data relates.

Personal data – data held or likely to be held about a living individual who can be identified from the data, including any expression of opinion about the individual. Personal data includes;

  • CCTV footage if it could be used to match an image to a photo, description or physical image of an individual.
  • An identifier such as a name, an identification number, location data or an online identifier.
  • One or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
  • Web based tracking technology used with the intention of linking the web user to a name and address would also be considered personal data.

The GDPR does not apply to the personal data of the deceased.

Special categories of personal data (currently sensitive personal data) – Under the DPB, read with the GDPR, there are slight changes to the categories of sensitive personal data currently identified by the DPA 1998 and which are now identified as “special categories of personal data” (Article 9(1), GDPR). This includes information about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, health, sex life and sexual orientation.

Processing of the special categories of personal data is prohibited unless an exception applies (Article 9(2), GDPR).

The commission or alleged commission of any offence and criminal proceedings are no longer included in the special categories of personal data. They are dealt with separately under the new regime, Criminal convictions and offences.

Data Controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by EU law or member state law, the controller or the specific criteria for its nomination may be provided for by EU law or member state law (clause 5(1), DPB and Article 4(7), GDPR).

Data Processor – a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (Article 4(8), GDPR).

Pseudonymisation – the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person (Article 4(5), GDPR).

Recital 28 of the GDPR recognises that applying pseudonymisation to personal data can reduce the risks to the data subjects concerned and enable data controllers to meet their obligations. Pseudonymised personal data can still be covered by the GDPR if, with additional information, the personal data can be attributed to a particular person.

It should be possible for a controller to use pseudonymisation in internal processes, as long as care is taken to identify those authorised to process the data and as long as the additional information needed to attribute the personal data to a specific data subject is kept separate (recital 29, GDPR).

Anonymisation – there is a distinction between information that has been pseudonymised and information that is anonymous. The GDPR does not apply to anonymous information, namely information which does not relate to an identified or identifiable person, or to personal data which has been anonymised so that the data subject is not, or is no longer, identifiable (recital 26, GDPR). This means that the processing of anonymous information for statistical or research purposes is not covered by the GDPR.

The ICO produced Anonymisation: managing data protection risk code of practice, which provides guidance on the way in which data can be rendered anonymous and retained in a form in which identification of the data subject is no longer possible.

Processing personal data – The processing of personal data means an operation (or set of operations) which is performed on personal data (or on sets of personal data), such as:

  • Collection, recording, organisation, structuring or storage.
  • Adaption or alteration.
  • Retrieval, consultation or use.
  • Disclosure by transmission, dissemination or otherwise making available.
  • Alignment or combination.
  • Restriction, destruction or erasure.

Processing of personal data must be carried out in accordance with the data protection principles.

Automated decision-making (including profiling) – Data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal, or similarly significant, effects. Recital 71 of the GDPR gives e-recruiting practices which have no human intervention as an example of automated processing. There are limited exceptions to this right which are considered below.

The circumstances in which data subjects can be subject to a decision based solely on automated decision-making, including profiling, are those in which the decision is:

  • Necessary for entering into, or performance of, a contract between the data subject and a controller.
  • Based on the data subject’s explicit consent.
  • Authorised by EU law or member state law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests.

In the first two of the exceptions, the data controller must implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, being at least the right to:

  • Obtain human intervention.
  • Express their point of view.
  • Contest the decision.

Decisions may not be based on the special categories of personal data unless either the data subject has given explicit consent or the processing is necessary for reasons of substantial public interest and, in either case, suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests have been put in place.

Profiling – Profiling is any automated processing of personal data which evaluates an individual in order to analyse or predict such things as their performance at work, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements.

Recital 71 of the GDPR suggests that in order to ensure fair and transparent processing, taking into account the specific circumstances and context in which the personal data is processed, the controller should:

  • Use appropriate mathematical or statistical procedures for the profiling.
  • Implement technical and organisational measures appropriate to ensure, in particular, that factors which result in inaccuracies in personal data are corrected and the risk of errors is minimised.
  • Secure personal data in a manner that takes account of the potential risks involved for the interests and rights of the data subject and that prevents, inter alia, discriminatory effects on natural persons on the basis of racial or ethnic origin, political opinion, religion or beliefs, trade union membership, genetic or health status or sexual orientation, or that result in measures having such an effect.

Processing personal data in the context of employment – Under the GDPR, it is open to member states to provide for more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees’ personal data in the employment context, in particular for:

  • The purposes of recruitment.
  • The performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements.
  • The management, planning and organisation of work.
  • Equality and diversity in the workplace.
  • Health and safety at work.
  • Protection of the employer’s or customers’ property.
  • For the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment.
  • For the purpose of the termination of the employment relationship.

Any such rules must include suitable and specific measures to safeguard the data subject’s human dignity, legitimate interests and fundamental rights, with particular regard to:

  • The transparency of processing.
  • The transfer of personal data within a group of undertakings, or a group of enterprises engaged in a joint economic activity and monitoring systems at the work place.

The DPB makes specific provision for the processing of special categories of personal data when it is necessary for the carrying out of rights or obligations under employment law.

Data protection principles

The GDPR sets out a number of principles with which data controllers must comply when processing personal data (Article 5).

Lawfulness, fairness and transparency Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject
Purpose limitation Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purpose
Data minimisation Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
Accuracy Personal data shall be accurate and, where necessary, kept up to date
Storage limitation Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
Integrity and confidentiality Personal data shall be 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
Accountability The controller shall be responsible for, and be able to demonstrate compliance with the GDPR

Conditions for lawful processing under Article 6(1)

Processing personal data will be lawful only if, and to the extent that, at least one of the conditions in Article 6 of the GDPR is met. Those conditions (which are similar those under the DPA 1998) are that:

  • The data subject has given consent to the processing of their personal data for one or more specific purposes
  • The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of a data subject prior to entering into a contract
  • The processing is necessary to comply with a legal obligation to which the controller is subject
  • The processing is necessary to protect the vital interests of the data subject or another person
  • 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 controller
  • The processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests and fundamental rights and freedoms of the data subject which require protection of personal data, especially were the data subject is a child

Criminal Offence Data

The GDPR rules for sensitive (special category) data do not apply to information about criminal allegations, proceedings or convictions. Instead, there are separate safeguards for personal data relating to criminal convictions and offences, or related security measures, set out in Article 10.

Article 10 also specifies that you can only keep a comprehensive register of criminal convictions if you are doing so under the control of official authority. Article 10 says:

“Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.”

This means you must either be processing the data in an official capacity, or have specific legal authorisation – which in the UK, is likely to mean a condition under the Data Protection Bill and compliance with the additional safeguards set out in the Bill. We will publish more detailed guidance on the conditions in the Bill once these provisions are finalised.

Even if you have a condition for processing offence data, you can only keep a comprehensive register of criminal convictions if you are doing so in an official capacity.

Data Controller Requirements and Duties

Notifying the Information Commissioner

The Data Protection Act 1998 requires data controllers to give details about their processing of personal information to the Information Commissioner for inclusion in a public register, unless they are exempt.

The registration must be renewed annually.

The Data Protection registration number for Wealth Wizards Benefits Limited is: ZA163085.

Notification process

The details to be notified are:

  • name and address of the data controller or their representative
  • description of the information being processed
  • purpose of processing the information
  • those to whom the information will be or may be disclosed
  • countries outside the European Economic Area (the EU plus Norway, Iceland and Liechtenstein) where data may be transferred
  • certain details on information security measures

Notification can be initiated by calling the Information Commissioner Notification Line on Telephone: 01625 545 740.

The period of notification is one year. Notifications must be renewed annually. There is an annual fee of £35.  Changes to a notification entry must be notified as soon as possible and are made free of charge.

Wealth Wizards Benefits Limited is the Data controller and responsible for all the data held on their clients. The DPC for Wealth Wizards Benefits Limited is the Governance & Information Security Manager.