Pageant Productions is committed to being fully compliant with all applicable UK and EU data protection legislation in respect of personal data, as well to safeguarding the “rights and freedoms” of persons whose information Pageant Productions collects pursuant to the General Data Protection Regulation (“GDPR”).
2. Good practice
Pageant Productions shall ensure compliance with data protection legislation and good practice, by at all times:
- Processing personal information only when to do so is absolutely necessary for organisational purposes;
- Ensuring that the least possible amount of personal data is collected, and that personal data is never processed unduly;
- Informing individuals of how their personal data is or will be used and by whom;
- Processing only pertinent and adequate personal data;
- Processing personal data in a lawful and fair manner;
- Keeping a record of the various categories of personal data processed;
- Ensuring that all personal data that is kept is accurate and up-to-date;
- Retaining personal data no longer than required by statute or regulatory body, or for organisational purposes;
- Giving individuals the right of ‘subject access’, as well as all other individual rights pertaining to their personal data;
- Ensuring that all personal data is maintained securely;
- Transferring personal data outside of the EU only in situations where it shall be appropriately secured;
- Applying various statutory exemptions, where appropriate;
Pageant Productions has registered with the Information Commissioner as a data controller that engages in processing personal information of data subjects. Pageant Productions has identified all of the personal data that it processes and recorded it in its Data Inventory Schedule.
Examples of Personal Information we may collect from you:
- Name, address, email and phone number
- Video footage in which Personal Information is communicated
- Photographs in which Personal Information is communicated
We require this information to conduct our business, understand your needs and provide clients with a better service, and in particular for the following reasons:
- Internal record keeping
- With your express consent, we may use the information to improve our products and services. We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- With your express consent, from time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
- We may use the information to customise the website according to your interests.
- Where you have made a video contribution, footage may be used as part of a Product for Pageant Productions or The Client for whom your footage was taken. This contribution may also be used for marketing purposes by Pageant Productions or The Client for whom your footage was taken.
- Photographs of you may be used in the production of a video, either for your use, use by Pageant Productions or use by a third party.
- We will never sell your information.
Pageant Productions shall retain a copy of all notifications made to the Information Commissioner’s Office (“ICO”) and the ICO Notification Handbook shall be used as a record of all notifications made.
The ICO notification shall be reviewed on an annual basis, keeping in mind any changes to Pageant Productions’ activities. These changes shall be ascertained by reviewing the Data Inventory Schedule. Data protection impact assessments shall be used to ascertain any additional relevant requirements.
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Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question
4. GDPR background
The purpose of the GDPR is to ensure the “rights and freedoms” of living individuals, and to protect their personal data by ensuring that it is never processed without their knowledge and, when possible, their consent.
5. Definitions (as per the GDPR)
- Child means anyone under the age of 16. It is only lawful to process the personal data of a child under the age of 13 upon receipt of consent from the child’s parent or legal custodian.
- Data controller may be a natural or legal person, whether a public authority, agency or other body which, individually or jointly with others, is in charge of ascertaining the purposes and means by which personal data shall be processed. Where EU or Member State law predetermines the purposes and means of processing personal data, the data controller or, if appropriate, the specific criteria for selecting the data controller, may be provided for by EU or Member State law.
- Data subject refers to any living person who is the subject of personal data (see above for the definition of ‘personal data’) held by an organisation. A data subject must be identifiable by name, ID, address, online identifier or other factors such as physical, physiological, genetic, mental, economic or social.
- Data subject consent refers to any specific indication by the data subject that signifies consent to the processing of personal data. Consent may take place by way of a written or oral statement or by clear, unambiguous action and must be given freely at all times, without duress, with the data subject being properly informed.
- Establishment refers to the administrative head office of the ‘data controller’ in the EU, where the main decisions regarding the purpose of its data processing activities are made. ‘Data controllers’ based outside of the EU are required to appoint a representative within the jurisdiction in which they operate to act on its behalf and liaise with the relevant regulatory and supervisory authorities.
- Filing system refers to any personal data set which is accessible on the basis of certain benchmarks, or norms and can be centralised, decentralised or dispersed across various locations.
- Personal data – means any information relating to a data subject.
- Personal data breach refers to a security breach which results in the disclosure, alteration, destruction or loss of personal data, as well as unauthorised access to personal data that is stored, transmitted or processed by any other means, whether accidentally or unlawfully. All personal data breaches must be reported to relevant regulatory authority by the ‘data controller’ at all times, whereas the data subject need only be informed of a data breach when it is likely that the breach will have an adverse effect on his or her privacy or personal data.
- Processing refers to any action taken in relation to personal data, including but not limited to collection, adaptation or alteration, recording, storage, retrieval, consultation, use, disclosure, dissemination, combination or deletion, whether by automated means or otherwise.
- Profiling refers to any form of personal data processing that is automated, with the intention of assessing personal aspects of a data subject or analysing a data subject’s employment performance, economic status, whereabouts, health, personal preferences and behaviour. The data subject has a right to object to profiling and a right to be informed of the fact that profiling is taking place, as well as the intended outcome(s) of the profiling.
- Special categories of personal data refers to personal data covering such matters as racial or ethnic origin, beliefs - whether religious, political or philosophical - membership of a trade-union and data relating to genetics, biometric identification, health, sexual orientation and sex life.
- Territorial scope the GDPR applies to all EU based ‘data controllers’ who engage in the processing of data subjects’ personal data as well as to ‘data controllers’ located outside of the EU that process data subjects’ personal data so as to provide goods and services, or to monitor EU based data subject behaviour.
- Third party is a natural or legal person other than the data subject who is authorised to process personal data, whether a public authority, agency or other body controller, processor or any other person(s) under the direct authority of the controller or processor.
7. Responsibilities under the GDPR
Pageant Productions is a data controller pursuant to the GDPR.
The position of Data Controller, which involves the management of personal data within Pageant Productions as well as compliance with the requirements of the DPA and demonstration of good practice protocol, is to be taken Gary Jarman.
Gary Jarman is responsible for the day-to-day compliance with this policy, both in terms of security and risk management. In addition, Gary Jarman is directly responsible for ensuring that Pageant Productions is GDPR compliant.
It is vital that Pageant Productions is aware of all risks associated with personal data processing and it is via its risk assessment process that Pageant Productions is able to assess the level of risk. Pageant Productions is also required to carry out assessments of the personal data processing undertaken by other organisations on its behalf and to manage any identified risks, so as to mitigate the likelihood of potential non-compliance with this policy.
Where personal data processing is carried out by using new technologies, or when a high risk is identified in relation to the “rights and freedoms” of natural persons, Pageant Productions is required to engage in a risk assessment of the potential impact. More than one risk may be addressed in a single assessment (also known as a ‘Data Protection Impact Assessment’ (“DPIA”)).
If the outcome of a DPIA points to a high risk that Pageant Productions intended personal data processing could result in distress and/or may cause damage to data subjects, it is up to the Data Controller to decide whether it ought to proceed and the matter should be escalated to the regulatory authority if significant concerns have been identified.
It is the role of the Data Controller to ensure that appropriate controls are in place to ensure that the risk level associated with personal data processing is kept to an acceptable level, as per the requirements of the GDPR and Pageant Productions’ documented risk acceptance criteria.
8. Principles of data protection
The principles of personal data processing are as follows:
1. All personal data must be processed lawfully and fairly at all times, as per Pageant Productions’ Fair Processing Policy.
2. Policies must also be transparent, meaning that Pageant Productions must ensure that its personal data processing policies, as well as any specific information provided to a data subject, are readily available, easily accessible and clear, drafted using clear and plain language.
3. The data subject must be provided with the following information:
- Controller - the identity and contact details of the Data Controller and any of its representatives;
- Purpose - the purpose or purposes and legal basis of processing;
- Storage period - the length of time for which the data shall be stored;
- Rights - confirmation of the existence of the following rights:
- Right to request access;
- Right of rectification;
- Right of erasure; and the
- Right to raise an objection to the processing of the personal data;
- Categories - the categories of personal data;
- Recipients - the recipients and/or categories of recipients of personal data, if applicable;
- Location - if the controller intends to make a transfer of personal data to a third country and the levels of data protection provided for by the laws of that country, if applicable; and
- Further information - any further information required by the data subject in order to ensure that the processing is fair and lawful.
4. Personal data may only be collected for specified, explicit and legitimate reasons. When personal data is obtained for specific purposes, it must only be used in relation to that purpose and cannot be different from the reasons formally notified to the Information Commissioner, as part of Pageant Productions’ GDPR ICO registration.
5. Personal data must be adequate, relevant and restricted to only what is required for processing. In relation to this, the Data Controller shall at all times:
- Ensure that personal data which is superfluous and not necessarily required for the purpose(s) for which it is obtained, is not collected;
- Approve all data collection forms, whether in hard-copy or electronic format;
- Carry out an annual review of all methods of data collection, checking that they are still appropriate, relevant and not excessive; and
- Securely delete or destroy any personal data that is collected in a manner that is excessive or unnecessary according to Pageant Productions’ GDPR policies.
6. Personal data must be accurate and up-to-date:
- Data should not be kept unless it is reasonable to assume its accuracy and data that is kept for long periods of time must be examined and amended, if necessary;
- Data Controller must ensure that relevant and suitable additional steps are taken to ensure that personal data is accurate and up-to-date;
- The Data Controller shall, on an annual basis, carry out a review of all personal data controlled by Pageant Productions, referring to the Data Inventory Register and ascertain whether any data is no longer required to be held for the purpose notified to the ICO, arranging for that data to be deleted or destroyed in a safe manner.
7. The form in which the personal data is stored must such that the data subject can only be identified when it is necessary to do so for processing purposes. The following principles apply:
- Personal data that is kept beyond the processing date must be either encrypted or pseudonymised and kept to an absolute minimum, to ensure the protection of the data subject’s identity should a data breach incident occur;
- Personal data must be destroyed or deleted in a secure manner as soon as the retention date has passed; and
8. The processing of personal data must always be carried out in a secure manner.
9. Personal data should not be processed in an unauthorised or unlawful manner, nor should it be accidentally lost or destroyed at any time and Pageant Productions shall implement robust technical and organisational measures to ensure the safeguarding of personal data.
9. Security controls
Security controls are necessary to ensure that risks to personal data identified by Pageant Productions are appropriately mitigated as much as possible to reduce the potential for damage or distress to data subjects whose personal data is being processed and are subject to regular audit and review.
Personal data shall not be transferred to a country outside of the EU unless the country provides appropriate protection of the data subject’s ‘rights and freedoms’ in relation to the processing of personal data.
10. Adequacy of transfer
The following safeguards and exceptions are in place to ensure that data is not transferred to a country outside of the EU, with the transfer being off limits, unless one or more of the safeguards or exemptions listed below apply:
1. Assessing the adequacy of the transfer, by reference of the following:
- The nature of the personal data intended to be transferred;
- The country of origin and country of intended destination;
- The nature and duration of the personal data use;
- The legislative framework, codes of practice and international obligations of the data subject’s country of residence; and
- (UK only) the security measures to be implemented in the country of intended destination in relation to the personal data.
2. Binding corporate rules
Pageant Productions is free to implement approved binding corporate rules in relation to personal data transfer outside of the EU, however only with prior permission from the relevant regulatory body.
3. Model contract clauses
Pageant Productions is free to implement model contract clauses in relation to personal data transfer outside of the EU and there will be an automatic recognition of adequacy of transfer, should the model contract clauses receive approval from the relevant regulatory body.
In the absence of an adequacy decision, including binding corporate rules and model contract clauses, no transfer of personal data to a third country may take place unless one of the following preconditions is satisfied:
- Explicit consent has been provided by a fully informed data subject, who has been made aware of all possible risks involved in light of appropriate safeguards and an adequacy decision;
- The personal data transfer is a prerequisite to the performance of a pre-existing contract between the data controller and the data subject or when the data subject requests that pre-contractual measures are implemented;
- The personal data transfer is a prerequisite to the conclusion or performance of a pre-existing contract between the data controller and another person, whether natural or legal, if it is in the interest of the data subject;
- The personal data transfer is in the public interest;
- The personal data transfer is required for the creation, exercise or defence of legal claims;
- The data subject is not capable of giving consent, whether due to physical or legal limitations or restrictions and the personal data transfer is necessary for the protection of the key interests of the data subject or of other persons;
- The personal data transfer is made from an approved register, confirmed by EU or Member State law as having the intention of providing public information and which is open to consultation by the public or by an individual demonstrating a legitimate interest, but only so far as the legal requirements for consultation are fulfilled.
According to the GDPR accountability principle, the data controller is responsible both for ensuring overall compliance with the GDPR and for demonstrating that each of its processes is compliant with the GDPR requirements. To this extent data controllers are required to:
- Maintain all relevant documentation regarding its processes and operations;
- Implement proportionate security measures;
- Carry out Data Processing Impact Assessments (“DPIAs”);
- Comply with prior notification requirements;
- Seek the approval of relevant regulatory bodies; and
12. The rights of data subjects
Data subjects enjoy the following rights in relation to personal data that is processed and recorded:
- The right to make access requests in respect of personal data that is held and disclosed;
- The right to refuse personal data processing, when to do so is likely to result in damage or distress;
- The right to refuse personal data processing, when it is for direct marketing purposes;
- The right to be informed about the functioning of any decision-making processes that are automated which are likely to have a significant effect on the data subject;
- The right not to solely be subject to any automated decision making process;
- The right to claim damages should they suffer any loss as a result of a breach of the provisions of the GDPR;
- The right to take appropriate action in respect of the following: the rectification, blocking and erasure of personal data, as well as the destruction of any inaccurate personal data;
- The right to request that the ICO carry out an assessment as to whether any of the provisions of the GDPR have been breached;
- The right to be provided with personal data in a format that is structured, commonly used and machine-readable;
- The right to request that his or her personal data is sent to another data controller; and
- The right to refuse automated profiling without prior approval.
13. Data access requests
Subject Access Request Pageant Productions Policy sets out the procedure for making data access requests to data subjects and outlines how will comply with the requirements of the GDPR regarding this.
All complaints about Pageant Productions processing of personal data may be lodged by a data subject directly by writing a letter with details of the complaint. The data subject must be provided with a Fair Processing Policy at this stage.
Complaints may also be made by a data subject directly to the relevant regulatory body.
All complaints in relation to how a complaint has been handled and any appeals following the submission of a complaint shall be dealt with by the Data Controller and the data subject is required to submit a further complaint.
Consent to the processing of personal data by the data subject must be:
- Freely given and should never be given under duress, when the data subject is in an unfit state of mind or provided on the basis of misleading or false information;
- A clear and unambiguous indication of the wishes of the data subject;
- Provided either in a statement or by unambiguous affirmative action;
- Demonstrated by active communication between the data controller and the data subject and must never inferred or implied by omission or a lack of response to communication;
- In relation to sensitive data, consent may only be provided in writing, unless there is an alternative legitimate basis for the processing of personal data.
Parental or custodial consent is required if/when Pageant Productions is a provider of online services to children, defined as being under the age of 16.
16. Data security
Pageant Productions is responsible for keeping secure any personal data held. Under no circumstances may any personal data be disclosed to any third party unless the data subject has provided express authorisation and has entered into a confidentiality agreement with the third party.
Accessing and storing personal data
Access to personal data shall only be granted to those who need it and only according to the principles of the Pageant Productions Security Access Procedure.
All personal data must be stored:
- In a locked room, the access to which is controlled; and/or
- In a locked cabinet, drawer or locker; and/or
- If in electronic format and stored on a computer, encrypted according to the corporate requirements set out in the Access Control Policy; and/or
- If in electronic format and stored on removable media, encrypted as per Disposal of Removable Storage Media Procedure.
All deletion of personal data must be carried out in accordance with Pageant Productions Retention Requirements. Manual records which have passed their retention date must be shredded and disposed of as ‘confidential waste’ and any removable or portable computer media such as hard drives as USB sticks must be destroyed as per Disposal of Removable Storage Media Policy prior to disposal.
17. Data access rights
Data subjects have the right to access all personal data in relation to them held by Pageant Productions, whether as manual records or electronic format. Data subjects therefore may at any time request to have sight of confidential personal references held, as well as any personal data received from third-parties. To do so, a data subject must submit a Subject Access Request, as per Subject Access Request Procedure.
18. Disclosure of data
Pageant Productions must take appropriate steps to ensure that no personal data is disclosed to unauthorised third parties. This includes friends and family members of the data subject, governmental bodies and, in special circumstances, even the Police.
Disclosure is permitted by the GDPR without the consent of the data subject under certain circumstances, namely:
- In the interests of safeguarding national security;
- In the interests of crime prevention and detection which includes the apprehension and prosecution of offenders;
- In the interests of assessing or collecting a tax duty;
- In the interests of discharging various regulatory functions, including health and safety;
- In the interests of preventing serious harm occurring to a third party; and
- In the interests of protecting the vital interests of the data subject i.e. only in a life and death situation.
The Data Controller is responsible for handling all requests for the provision of data for these reasons and authorisation shall only be granted with support of appropriate documentation.
19. Data retention and disposal
Pageant Productions must not retain personal data for longer than is necessary. Some data will need to be kept longer than others, in line with Pageant Productions Disposal of Removable Storage Media Procedure.
Personal data must be disposed of according to Pageant Productions secure disposal procedure Disposal of Removable Storage Media Procedure, to ensure that the “rights and freedoms” of data subjects it protected at all times.
20. Document owner
Pageant Productions is the owner of this policy document and must ensure that it is periodically reviewed according to the review requirements contained herein.