Saros Research Data Protection Policy
Issue No: 2
Issue Date: October 2019
Saros Research Limited
1.1 Background to the General Data Protection Regulation (‘GDPR’)
The purpose of the General Data Protection Regulation 2016 (GDPR) and the UK Data Protection Act 2018 is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
1.2 Definitions used by the organisation, drawn from the GDPR and mirrored in the Data Protection Act 2018 (referred to as the legislation)
Material scope the legislation applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.
Territorial scope GDPR will apply to all controllers that are established in the EU (European Union) and the Data Protection Act 2018 will apply to all controllers that are established in the United Kingdom who process the personal data of data subjects, in the context of that establishment. The GDPR will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behavior of data subjects who are resident in the EU.
1.3 Definitions - as per the GDPR and the Data Protection Act 2018
Establishment (GDPR) the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities.
Personal data any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
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 Union, Member State law or the Data Protection Act 2018, the controller or the specific criteria for its nomination may be provided for by Union, Member State law or the Data Protection Act 2018.
Data subject any living individual who is the subject of personal data held by an organisation.
Processing 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.
Profiling is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child the GDPR defines a child as anyone under the age of 16 years old, although this may be lowered to 13 by Member State law, as in the Data Protection Act 2018 for the United Kingdom. For the purposes of market research, children are defined as anyone under the age of 16 years old in the Market Research Society Code of Conduct 2019. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.
Third party a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
2. Policy statement
2.1 The Board of Directors and management of Saros Research Limited, whose Registered address is 71-75 Shelton Street, London WC2H 9JQ are committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information Saros Research Limited collects and processes in accordance with the General Data Protection Regulation (GDPR).
2.2 Compliance with the legislation is described by this policy and other relevant policies such as the Saros Information Security Policy, along with connected processes and procedures.
2.3 The legislation and this policy apply to all of Saros Research Limited’s personal data processing functions, including those performed on members', respondents', clients’, employees’ and suppliers’ personal data, and any other personal data the organisation processes from any source.
2.4 Saros Research Limited has established objectives for data protection and privacy, which are detailed in the Data Protection and Information Security Manual of the Saros Screensteps Knowledgebase.
2.5 Data Protection Officer/Data Protection Owner is responsible for reviewing the register of processing annually in the light of any changes to Saros Research Limited’s activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register needs to be available on the supervisory authority’s request.
2.6 This policy applies to all Employees/Staff whether directly employed or contracted of Saros Research Limited, including outsourced suppliers. Any breach of the legislation or the policies and procedures as recorded in the Screensteps Knowledgebase will be dealt with under Saros Research Limited’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.
2.7 All parties working with or for Saros Research Limited, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by Saros Research Limited without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which Saros Research Limited is committed, and which gives Saros Research Limited the right to audit compliance with the agreement.
To support compliance with the legislation, the Board of Directors has approved and supported the development, implementation, maintenance and continual improvement of a documented set of procedures for Saros Research Limited.
All Employees/Staff (directly employed or contracted) of Saros Research Limited are expected to comply with this policy and with the PIMS that implements this policy. All Employees/Staff both direct and contractors will receive appropriate training. The consequences of breaching this policy are set out in Saros Research Limited’s disciplinary policy.
In determining its scope for compliance with the legislation, Saros Research Limited considers:
- any external and internal issues that are relevant to the purpose of Saros Research Limited and that affect its ability to achieve the intended outcomes of its procedures relating to the protection of personal data;
- specific needs and expectations of interested parties that are relevant to the implementation of the procedures relating to the protection of personal data;
- organisational objectives and obligations;
- the organisations acceptable level of risk; and
- any applicable statutory, regulatory or contractual obligations.
Saros Research Limited’s objectives for compliance with the legislation:
- are consistent with this policy
- are measurable
- take into account the legislation and the results from risk assessments and risk treatments, where necessary
- are monitored
- are communicated (in line with the Saros Communications Procedure
- are updated as appropriate (in line with the Saros Research Continual Improvement Procedure)
Saros Research Limited documents those objectives in the Data Protection and Information Security Manual of the Saros Screensteps Knowledgebase.
In order to achieve these objectives, Saros Research Limited has determined:
- what will be done
- what resources will be required
- who will be responsible
- when it will be completed
- how the results will be evaluated
3. Responsibilities and roles under the General Data Protection Regulation
3.1 Saros Research Limited is a data controller and data processor under the legislation.
3.2 Top Management and all those in managerial or supervisory roles throughout Saros Research Limited are responsible for developing and encouraging good information handling practices within Saros Research Limited; responsibilities are set out in individual job descriptions.
3.3 The Data Protection Officer, a role specified in the legislation, should be a member of the senior management team, is accountable to Board of Directors of Saros Research Limited for the management of personal data within Saros Research Limited and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
3.3.1 development and implementation of the legislation as required by this policy; and
3.3.2 security and risk management in relation to compliance with the policy.
3.4 Data Protection Officer, who Board of Directors considers to be suitably qualified and experienced, has been appointed to take responsibility for Saros Research Limited’s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that Saros Research Limited complies with the GDPR, as do Manager/Executive (generic/line)’s in respect of data processing that takes place within their area of responsibility.
3.5 The Data Protection Officer/Data Protection Owner have specific responsibilities in respect of procedures such as the Subject Access Request Procedure and are the first point of call for Employees/Staff seeking clarification on any aspect of data protection compliance.
3.6 Compliance with data protection legislation is the responsibility of all Employees/Staff of Saros Research Limited who process personal data.
3.7 Saros Research Limited’s Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of Saros Research Limited generally.
3.8 Employees/Staff of Saros Research Limited are responsible for ensuring that any personal data about them and supplied by them to Saros Research Limited is accurate and up-to-date.
4. Data protection principles
All processing of personal data must be conducted in accordance with the data protection principles as set out in the legislation. Saros Research Limited’s policies and procedures are designed to ensure compliance with the principles.
4.1 Personal data must be processed lawfully, fairly and transparently
Lawful identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent.
Fairly in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources.
The legislation has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.
Transparently the legislation includes rules on giving privacy information to data subjects. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language.
Saros Research Limited’s Privacy Notice Procedure is set out in the Saros Privacy procedure and the Privacy Notice is recorded (https://saros.screenstepslive.com/s/9510/m/78271/l/894923-privacy-notice ) and, for staff the Privacy Notice is recorded in the Saros Screensteps Knowledgebase (internal manual).
The specific information that must be provided to the data subject must, as a minimum, include:
4.1.1 the identity and the contact details of the controller and, if any, of the controller's representative;
4.1.2 the contact details of the Data Protection Officer;
4.1.3 the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
4.1.4 the period for which the personal data will be stored;
4.1.5 the existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;
4.1.6 the categories of personal data concerned;
4.1.7 the recipients or categories of recipients of the personal data, where applicable;
4.1.8 where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
4.1.9 any further information necessary to guarantee fair processing.
4.2 Personal data can only be collected for specific, explicit and legitimate purposes
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of Saros Research Limited’s GDPR register of processing. Saros Privacy Procedure sets out the relevant procedures.
4.3 Personal data must be adequate, relevant and limited to what is necessary for processing
4.3.1 The Data Protection Officer/Data Protection Owner is responsible for ensuring that Saros Research Limited does not collect information that is not strictly necessary for the purpose for which it is obtained (refer to the data flow/mapping for each process N.B. this is also part of the Project Manager's role when assessing client requests for recruitment projects).
4.3.2 All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be include a fair processing statement or link to privacy statement and approved by the Data Protection Officer / Data Protection Owner.
4.3.3 The Data Protection Officer / Data Protection Owner will ensure that, on an annual basis all data collection methods are reviewed by internal audit (with external experts called in as necessary e.g. to test database security) to ensure that collected data continues to be adequate, relevant and not excessive (Data Protection Impact Assessment Procedure, where necessary).
4.4 Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
4.4.1 Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
4.4.2 The Data Protection Officer is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.
4.4.3 It is also the responsibility of the data subject to ensure that data held by Saros Research Limited is accurate and up to date. The Membership Registration Portal allows members to amend their data as they wish (excepting their email or date of birth: https://saros.screenstepslive.com/s/9510/m/47848/l/660442-why-can-t-i-change-and-update-my-email-address-or-date-of-birth. Completion of a registration or application form for participation in a market research project by a data subject will include a statement that the data contained therein is accurate at the date of submission.
4.4.4 Employees/Staff/Contractors are required to notify Saros Research Limited of any changes in circumstance to enable personal records to be updated accordingly. Any such notifications should be sent by email to the Finance & Office Manager. It is the responsibility of Saros Research Limited to ensure that any notification regarding change of circumstances is recorded and acted upon.
4.4.5 The Data Protection Officer / Data Protection Owner is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
4.4.6 On at least an annual basis, the Data Protection Officer / data Protection Owner will review the retention dates of all the personal data held in relation to the projects processed by Saros Research Limited, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose. This data will be securely deleted/destroyed in line with the Saros Secure Disposal of Storage Media Procedures.
4.4.7 The Data Protection Officer is responsible for responding to requests for rectification from data subjects within 30 days (Saros Data Subject Access Request Procedure). This can be extended to a further two months for complex requests. If Saros Research Limited decides not to comply with the request, the Data Protection Officer must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
4.4.8 The Data Protection Officer is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
4.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
4.5.1 Personal data should not be retained beyond the processing date.
4.5.2 Personal data will be retained in line with the Saros Data Retention Policy and Procedures and, once its retention date is passed, it must be securely destroyed as set out in this procedure.
4.5.3 The Data Protection Officer / Data Protection Owner must specifically approve any data retention that exceeds the retention periods defined in the Saros Data Retention Policy and Procedures, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.
4.6 Personal data must be processed in a manner that ensures the appropriate security
The Data Protection Officer Owner will carry out a risk assessment taking into account all the circumstances of Saros Research Limited’s controlling or processing operations.
In determining appropriateness, the Data Protection Officer / Data Protection Owner should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on Saros Research Limited itself, and any likely reputational damage including the possible loss of customer trust.
When assessing appropriate technical measures, the Data Protection Officer / Data Protection Owner will consider the following:
- Password protection ;
- Automatic locking of idle devices;
- Removal of access rights for USB and other memory media;
- Virus checking software, encryption and firewalls - All Managers have this software installed, maintained and monitored in accordance with the arrangements with our project and business electronic filing and key software products systems administrator/supplier.
- Role-based access rights including those assigned to temporary staff;
- Privacy enhancing technologies such as pseudonymisation and anonymisation;
- Identifying appropriate international security standards relevant to Saros Research Limited.
When assessing appropriate organisational measures the Data Protection Officer /Data Protection Owner will consider the following:
- The appropriate training levels throughout Saros Research Limited;
- Measures that consider the reliability of employees (such as references etc.);
- The inclusion of data protection in employment contracts;
- Identification of disciplinary action measures for data breaches;
- Monitoring of staff for compliance with relevant security standards;
- Adopting clear rules about passwords;
- All project and business-related electronic files are stored in the cloud with realtime backups as part of the system.
- The database is also backed up daily
- The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
4.7 The controller must be able to demonstrate compliance with the legislation’s other principles (accountability)
The legislation includes provisions that promote accountability and governance. These complement the legislation’s transparency requirements. The accountability principle requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility.
Saros Research Limited will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.
5. Data subjects’ rights
5.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:
5.1.1 To make subject access requests regarding the nature of information held and to whom it has been disclosed.
5.1.2 To prevent processing likely to cause damage or distress.
5.1.3 To prevent processing for purposes of direct marketing.
5.1.4 To be informed about the mechanics of automated decision-taking process that will significantly affect them.
5.1.5 To not have significant decisions that will affect them taken solely by automated process.
5.1.6 To sue for compensation if they suffer damage by any contravention of the legislation.
5.1.7 To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.
5.1.8 To request the supervisory authority to assess whether any provision of the legislation has been contravened.
5.1.9 To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
5.1.10 To object to any automated profiling that is occurring without consent.
5.2 Saros Research Limited ensures that data subjects may exercise these rights:
5.2.1 Data subjects may make data access requests as described in the Saros Subject Access Request Procedure; this procedure also describes how Saros Research Limited will ensure that its response to the data access request complies with the requirements of the legislation.
5.2.2 Data subjects have the right to complain to Saros Research Limited related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled in line with the Saros Complaints Procedure.
6.1 Saros Research Limited understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
6.2 Saros Research Limited understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
6.3 There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation.
6.3 For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists. In relation to completion of project screeners, there must be a clear explanation of what is required and why with an option to positively consent (consenting by NOT ticking a box is NOT acceptable). This consent will be recorded as a screener answer and will then form part of the project record for those respondents who subsequently participate.
6.4 In most instances, consent to process personal and sensitive data is obtained routinely by Saros Research Limited using standard consent documents e.g. when a new client signs a contract, or during recruitment of participants for research projects.
6.5 Where Saros Research Limited recruits children, this will be done via parents or guardians. This requirement applies to children under the age of 16 and, for those aged 14 who are selected to participate, a chaperone will also be in attendance during the research.
7. Security of data
7.1 All Employees/Staff are responsible for ensuring that any personal data that Saros Research Limited holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by Saros Research Limited to receive that information and has entered into a Terms of Business Agreement or special agreement has been given by the Managing Director.
7.2 All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Saros Access Control Policy. All personal data should be treated with the highest security and must be kept:
- in a lockable room with controlled access; and/or
- in a locked drawer or filing cabinet; and/or
- if computerised, password protected in line with corporate requirements in the Saros Access Control Policy; and/or
7.3 Care must be taken to ensure that PC/laptop or device screens are not visible except to authorised Employees/Staff/contractors of Saros Research Limited.
7.4 Manual records may not be left where they can be accessed by unauthorised personnel.
7.5 Personal data may only be deleted or disposed of in line with the Saros Retention of Records Procedure . As soon as manual records are no longer required for work purposes or they have reached their retention date, they are to be securely destroyed by use of a cross-cut shredder (details of models in us held in GDPR folder on Workplace. This is reviewed every 12 months by the Data Protection Officer. Hard drives of redundant PCs are to be removed and the general system's administrator (supplier) contacted to carry out secure destruction. This is recorded in the Saros internal files together with the Certificates of destruction.
8. Disclosure of data
8.1 Saros Research Limited must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of Saros Research Limited’s business.
8.2 All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer / Data Protection Owner.
9. Retention and disposal of data
9.1 Saros Research Limited shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
9.2 Saros Research Limited may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
9.3 The retention period for each category of personal data will be set out in the Saros Retention of Records Procedure along with the criteria used to determine this period including any statutory obligations Saros Research Limited has to retain the data.
9.4 Personal data must be disposed of securely in accordance with the legislation processed in an appropriate manner to maintain security, thereby protecting the “rights and freedoms” of data subjects. Any disposal of data will be done in accordance with the secure disposal procedure and recorded in the Register of Device Destruction.
10. Data transfers
Saros Research Limited has established that those suppliers not based within the EEA are, in the case of US-based entities, certified as active members of the US/EU Privacy Shield scheme with encryption of data in transfer and at rest plus other specified technical measures have been put in place.
Those in other 3rd countries are subject to Model Clauses, encryption of data and appropriate technical measures are in place.
Clients located in the USA will receive limited identifying personal data, which will be pseudo-anonymised wherever possible and will be either signatories to the Saros Terms of Business and in receipt of a Data Protection Agreement explanatory document detailing rights and responsibilities. Any exceptions will be dealt with on a case by case basis and authorised by the Managing Director.
Background - GDPR:
10.1 All exports of data from within the United Kingdom to non-European Economic Area countries (referred to as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”.
The transfer of personal data of UK or EU citizens outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:
10.1.1 An adequacy decision in line with the European Commission as follows:
The European Commission can and does assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances no authorisation is required.
Countries that are members of the European Economic Area (EEA) but not of the EU are accepted as having met the conditions for an adequacy decision.
A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union. https://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm
10.1.2 Privacy Shield
Assessment of adequacy by the data controller
In making an assessment of adequacy, the UK based exporting controller should take account of the following factors:
- the nature of the information being transferred;
- the country or territory of the origin, and final destination, of the information;
- how the information will be used and for how long;
- the laws and practices of the country of the transferee, including relevant codes of practice and international obligations; and
- the security measures that are to be taken as regards the data in the overseas location.
10.1.3 Binding corporate rules
Saros Research Limited may adopt approved binding corporate rules for the transfer of data outside the EU. This requires submission to the relevant supervisory authority for approval of the rules that Saros Research Limited is seeking to rely upon.
10.1.4 Model contract clauses
Saros Research Limited may adopt approved model contract clauses for the transfer of data outside of the EEA. If Saros Research Limited adopts the model contract clauses approved by the Information Commissioner's Office (ICO) there is an automatic recognition of adequacy.
In the absence of an adequacy decision, Privacy Shield membership, binding corporate rules and/or model contract clauses, a transfer of personal data to a third country or international organisation shall only take place on one of the following conditions:
- the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
- the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request;
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
- the transfer is necessary for important reasons of public interest;
- the transfer is necessary for the establishment, exercise or defence of legal claims; and/or
- the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.
11. Information asset register/data inventory
11.1 Saros Research Limited has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its data protection compliance project. Saros Research Limited’s data inventory and data flow determines, via the Saros Data Protection Impact Assessments:
- business processes that use personal data;
- source of personal data;
- volume of data subjects;
- description of each type of personal data;
- processing activity;
- maintains the inventory of data categories of personal data processed;
- documents the purpose(s) for which each category of personal data is used;
- recipients, and potential recipients, of the personal data;
- the role of the Saros Research Limited throughout the data flow;
- key systems and repositories;
- any data transfers; and
- all retention and disposal requirements.
11.2 Saros Research Limited is aware of any risks associated with the processing of particular types of personal data.
11.2.1 Saros Research Limited assesses the level of risk to individuals associated with the processing of their personal data. Data protection impact assessments (DPIAs) are carried out in relation to the processing of personal data by Saros Research Limited, and in relation to processing undertaken by other organisations on behalf of Saros Research Limited.
11.2.2 Saros Research Limited shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
11.2.3 Where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, Saros Research Limited shall, prior to the processing, carry out a DPIA of the impact of the envisaged processing operations on the protection of personal data. A single DPIA may address a set of similar processing operations that present similar high risks.
11.2.4 Where, as a result of a DPIA it is clear that Saros Research Limited is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether or not Saros Research Limited may proceed must be assessed by the Data Protection Officer & GDPR Owner (who will make the final decision on whether to proceed).
11.2.5 The Data Protection Officer shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, refer to the Market Research Society for further guidance and where necessary, escalate the matter to the supervisory authority (ICO).
11.2.6 Appropriate controls will be selected and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to Saros Research Limited’s documented risk acceptance criteria and the requirements of the legislation.
12. Policy Amendments:
This policy document is made available for information and may be updated without notice to ensure changes in legislation or in the operation of Saros Research Limited are taken into account.
This policy was approved by the Board of Directors on 25 October 2019 under the signature of the Managing Director.
Signature: Fiona Jack
Date: 25 October 2019