Introduction - Purpose
NEO Energy is committed to being transparent about how it collects and uses the personal data of its workforce, and to meeting its data protection obligations. This policy sets out NEO Energy’s commitment to data protection, and individuals’ rights and obligations in relation to personal data.
It is important that you read and act in accordance with this policy. This policy should also be read alongside any other notices and policies on data protection. Any breach of this policy may result in the termination of any contract and/or disciplinary action.
The Data Protection Officer is ultimately responsible for ensuring compliance with this policy and all supervisors and managers are required to ensure that its standards are maintained. Equally, everyone working for NEO Energy must comply with its terms. If individuals have any questions about this policy or how NEO Energy handles personal data, they should contact the Data Protection Officer. Individuals also have the right to make a complaint at any time to the ICO, the UK supervisory authority for data protection issues.
This policy applies to current and former employees, workers and contractors. This policy does not form part of any contract of employment.
“Data Protection Officer” means Robert Adams, Chief Financial Officer, who can be contacted via telephone (01224 659120) or email (firstname.lastname@example.org).
“GDPR” means the General Data Protection Regulation.
“ICO” means the Information Commissioner’s Office.
“Personal data” is any information that relates to a living 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” (sometimes known as sensitive personal data) is data about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership(s), physical or mental health, sex life or sexual orientation, and their biometric data or genetic data.
Data protection principles
NEO Energy processes HR-related personal data in accordance with the following data protection principles:
- NEO Energy processes personal data lawfully, fairly and in a transparent manner.
- NEO Energy collects personal data only for specified, explicit and legitimate purposes and will not process it in a manner that is incompatible with those purposes.
- NEO Energy processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
- NEO Energy keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
- NEO Energy keeps personal data only for the period necessary for processing.
- NEO Energy adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
NEO Energy 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. HR-related data will not be shared with third parties, except as set out in privacy notices. Where the organisation relies on its legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals.
NEO Energy will update HR-related personal data promptly if an individual advises that their information has changed or is inaccurate.
Personal data gathered during the employment, worker, contractor or volunteer relationship, or apprenticeships or internships is held in the individual’s personnel file (in hard copy or electronic format, or both), and on HR systems. The periods for which the organisation holds HR-related personal data are contained in its privacy notices to individuals.
From time to time NEO Energy may need to process Special Categories of Personal Data. Further details of such processing are provided in NEO Energy’s privacy notices.
NEO Energy keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of the 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, the organisation will tell them:
- whether or not their data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
- to whom their data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
- for how long their personal data is stored (or how that period is decided);
- their rights to rectification or erasure of data, or to restrict or object to processing;
- their right to complain to the Information Commissioner if they think the organisation has failed to comply with their data protection rights; and
- whether or not the organisation carries out automated decision-making and the logic involved in any such decision-making.
NEO Energy will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless they agree otherwise. To make a subject access request, the individual should send the request in writing to the Data Protection Officer.
NEO Energy will normally respond to a request within a period of one month from the date it is received. In some cases, such as where the request is complex, it may respond within three months of the date the request is received. The organisation will write to the individual within one month of receiving the original request to tell them if this is the case.
Individuals have a number of other rights in relation to their personal data. They can require NEO Energy to:
- rectify inaccurate data;
- stop processing or erase data that is no longer necessary for the purposes of processing;
- stop processing or erase data if the individual’s interests override the organisation’s legitimate grounds for processing data (where the organisation relies on its
- legitimate interests as a reason for processing data);
- stop processing or erase data if processing is unlawful; and
- stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override the organisation’s legitimate grounds for processing data.
Further details are provided in the NEO’s Privacy Notice. To ask NEO Energy to take any of these steps, the individual should send the request to the Data Protection Officer.
NEO Energy takes the security of HR-related personal data seriously. NEO Energy 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 NEO Energy 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.
NEO Energy have put in place procedures to deal with any suspected data security breach and will notify individuals and any applicable regulator of a suspected breach where legally required to do so.
NEO Energy will refrain from keeping personal data in a form which permits identification of the individual to whom it relates for any longer than is necessary for the purposes for which it is processed
As a Data Controller, NEO Energy have certain legal obligations under the GDPR to notify the ICO in the event of the loss or unauthorised access, disclosure or acquisition of the personal data we hold (“Data Breach”).
If individuals know or suspect that a Data Breach has occurred, they should not attempt to investigate the matter. Individuals must contact the Data Protection Officer immediately and follow their instructions. Individuals should preserve all evidence relating to the potential Data Breach.
Individuals are responsible for helping NEO Energy keep their personal data up to date. Individuals should let NEO Energy know if data provided to NEO Energy changes, for example if an individual moves to a new house or changes bank details.
Individuals may have access to the personal data of other individuals and of our customers and clients in the course of their employment, contract, internship or apprenticeship. Where this is the case, NEO Energy relies on individuals to help meet its data protection obligations to staff and to customers and clients.
Individuals who have access to personal data are required:
- to access only data that they have authority to access and only for authorised purposes;
- not to disclose data except to individuals (whether inside or outside the organisation) who have appropriate authorisation;
- to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
- not to remove personal data, or devices containing or that can be used to access personal data, from the organisation’s premises without adopting appropriate
- security measures (such as encryption or password protection) to secure the data and the device;
- not to store personal data on local drives or on personal devices that are used for work purposes; and
- to report data breaches of which they become aware to the Data Protection Officer immediately.
In addition, individuals must:
- ask the Data Protection Officer or their line manager if they are unsure about this policy or any aspects of data management;
- advise the Data Protection Officer if they become aware of any act or omission that has or risks compromising the security, confidentiality or integrity of personal data;
- consult the Data Protection Officer if they are involved or may be involved in any major change of process or system that involves the processing of personal data as this may require that a data protection impact assessment is carried out;
- immediately forward on any data subject access requests which they may receive to the Data Protection Officer who will coordinate a response;
- complete all mandatory data protection training; and
- make sure they do not hold personal data otherwise than in accordance with this policy and all applicable rules and regulations NEO Energy may lay down from time to time and comply with all instructions to delete data given to individuals.
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under NEO Energy’s disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.
Changes to this policy
NEO Energy reserves the right to update this policy at any time, and individuals will be provided with a new policy when any substantial updates are made. NEO Energy may also notify individuals in other ways from time to time about the processing of personal information.
If individuals have any questions about this policy, they should contact the Data Protection Officer.