The Institute of Quarrying Data Protection Statement

1. Introduction

1.1 Background to the General Data Protection Regulation (‘GDPR’)

The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose 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)

Material scope (Article 2) – the GDPR 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 (Article 3) – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It 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 Article 4 definitions

Establishment – 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

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. 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 Trustees and management of the Institute of Quarrying, located at McPherson House,8a Regan Way, Chetwynd Business Park, Chilwell, NG9 6RZ 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 Institute of Quarrying collects and processes in accordance with the General Data Protection Regulation (GDPR).

2.2 Compliance with the GDPR is described by this policy and other relevant policies such as the Information Security Policy, along with connected processes and procedures.

2.3 The GDPR and this policy apply to all of Institute of Quarrying’s personal data processing functions, including those performed on members’, customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organisation processes from any source.

2.4 Institute of Quarrying has established objectives for data protection and privacy.

2.5 Chief Executive Officer (CEO) is responsible for reviewing the register of processing annually in the light of any changes to Institute of Quarrying’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 and suppliers of Institute of Quarrying such as outsourced suppliers. Any breach of the GDPR or this PIMS will be dealt with under Institute of Quarrying’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 Partners and any third parties working with or for Institute of Quarrying, 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 Institute of Quarrying without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which Institute of Quarrying is committed, and which gives Institute of Quarrying the right to audit compliance with the agreement.

Personal information management system (PIMS)

Policy statement

To support compliance with the GDPR, the Board of Trustees has approved and supported the development, implementation, maintenance and continual improvement of a documented personal information management system (‘PIMS’) for Institute of Quarrying.

All Employees/Staff of Institute of Quarrying and suppliers are expected to comply with this policy and with the PIMS that implements this policy. All Employees/Staff, and certain external parties, will receive or be required to provide appropriate training. The consequences of breaching this policy are set out in Institute of Quarrying’s disciplinary policy and in contracts and agreements with third parties.

In determining its scope for compliance with the Cyber Essentials scheme and the GDPR, Institute of Quarrying considers:

  • any external and internal issues that are relevant to the purpose of Institute of Quarrying and that affect its ability to achieve the intended outcomes of its PIMS;
  • specific needs and expectations of interested parties that are relevant to the implementation of the PIMS;
  • organisational objectives and obligations;
  • the organisations acceptable level of risk; and
  • any applicable statutory, regulatory or contractual obligations.

Institute of Quarrying’s objectives for compliance with the GDPR and a PIMS:

  • are consistent with this policy
  • are measurable
  • take into account GDPR and the results from risk assessments and risk treatments
  • are monitored
  • are communicated
  • are updated as appropriate

Institute of Quarrying documents those objectives in the PIMS and GDPR Objectives Record.

In order to achieve these objectives, Institute of Quarrying 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 Institute of Quarrying is a data controller and data processor under the GDPR.

3.2 Top Management and all those in managerial or supervisory roles throughout Institute of Quarrying are responsible for developing and encouraging good information handling practices within Institute of Quarrying; responsibilities are set out in individual job descriptions.

3.3 Chief Executive Officer (CEO)GDPR Owner and is accountable to Board of Trustees of Institute of Quarrying for the management of personal data within Institute of Quarrying 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 GDPR as required by this policy; and

3.3.2 security and risk management in relation to compliance with the policy.

3.4 Chief Executive Officer (CEO), has been appointed to take responsibility for Institute of Quarrying’s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that Institute of Quarrying 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 GDPR 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 Institute of Quarrying who process personal data.

3.7 Institute of Quarrying’s Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of Institute of Quarrying generally.

3.8 Employees/Staff of Institute of Quarrying are responsible for ensuring that any personal data about them and supplied by them to Institute of Quarrying 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 Article 5 of the GDPR. Institute of Quarrying’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 GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.

Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. 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.

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 Chief Executive Officer (CEO);

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 Institute of Quarrying’s GDPR register of processing

4.3 Personal data must be adequate, relevant and limited to what is necessary for processing

4.3.1 The GDPR Owner is responsible for ensuring that Institute of Quarrying does not collect information that is not strictly necessary for the purpose for which it is obtained.

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  GDPR Owner.

4.3.3 The  GDPR Owner will ensure that, on an annual basis all data collection methods are reviewed by internal audit to ensure that collected data continues to be adequate, relevant and not excessive.

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 Chief Executive Officer (CEO) 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 Institute of Quarrying is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.

4.4.4 Employees/StaffCustomers should be required to notify Institute of Quarrying of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of Institute of Quarrying to ensure that any notification regarding change of circumstances is recorded and acted upon.

4.4.5 The Chief Executive Officer (CEO)GDPR 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 Chief Executive Officer (CEO)/ GDPR Owner will review the retention dates of all the personal data processed by Institute of Quarrying, 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 Secure Disposal of Storage Media Procedure

4.4.7 The Chief Executive Officer (CEO) / GDPR Owner is responsible for responding to requests for rectification from data subjects within one month. This can be extended to a further two months for complex requests. If Institute of Quarrying decides not to comply with the request, the Chief Executive Officer (CEO) / GDPR Owner 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 Chief Executive Officer / GDPR Owner 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 Where personal data is retained beyond the processing date, it will be minimised, encrypted and anonymisation in order to protect the identity of the data subject in the event of a data breach.

4.5.2 Personal data will be retained in line with the Retention of Records Procedure once its retention date is passed, it must be securely destroyed as set out in this procedure.

4.5.3 The Chief Executive Officer (CEO) / GDPR Owner must specifically approve any data retention that exceeds the retention periods defined in Retention of Records Procedure 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 Chief Executive Officer (CEO) / GDPR Owner will carry out a risk assessment taking into account all the circumstances of Institute of Quarrying’s controlling or processing operations.

In determining appropriateness, the Chief Executive Officer (CEO) / GDPR Owner should also consider the extent of possible damage or loss that might be caused to individuals (e.g. members, staff or customers) if a security breach occurs, the effect of any security breach on Institute of Quarrying itself, and any likely reputational damage including the possible loss of customer trust.

When assessing appropriate technical measures, the Chief Executive Officer (CEO) / GDPR Owner will consider the following:

  • Password protection;
  • Automatic locking of idle terminals;
  • Removal of access rights for USB and other memory media;
  • Virus checking software and firewalls;
  • Role-based access rights including those assigned to temporary staff;
  • Encryption of devices that leave the organisations premises such as laptops;
  • Security of local and wide area networks;
  • Privacy enhancing technologies such as pseudonymisation and anonymisation;
  • Identifying appropriate international security standards relevant to Institute of Quarrying.

When assessing appropriate organisational measures the Chief Executive Officer (CEO) / GDPR Owner will consider the following:

  • The appropriate training levels throughout Institute of Quarrying;
  • 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;
  • Physical access controls to electronic and paper based records;
  • Adoption of a clear desk policy;
  • Storing of paper based data in lockable fire-proof cabinets;
  • Restricting the use of portable electronic devices outside of the workplace;
  • Restricting the use of employee’s own personal devices being used in the workplace;
  • Adopting clear rules about passwords;
  • Making regular backups of personal data and storing the media off-site;
  • 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. 

Institute of Quarrying’s compliance with this principle is contained in its Information Security Management System (ISMS), which has been developed in line with the principles of the Cyber Essentials scheme and the information security policy.

4.7 The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)

The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility.

The Institute of Quarrying 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 take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.

5.1.7 To request the supervisory authority to assess whether any provision of the GDPR has been contravened.

5.1.8 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.

5.1.9 To object to any automated profiling that is occurring without consent.

5.2 Institute of Quarrying ensures that data subjects may exercise these rights:

5.2.1 Data subjects may make data access requests as described in Subject Access Request Procedure; this procedure also describes how Institute of Quarrying will ensure that its response to the data access request complies with the requirements of the GDPR.

5.2.2 Data subjects have the right to complain to Institute of Quarrying 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 Complaints Procedure.

6. Consent

6.1 Institute of Quarrying 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 Institute of Quarrying 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.

6.4 For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.

6.5 In most instances, consent to process personal and sensitive data is obtained routinely by Institute of Quarrying using standard consent agreements e.g. when a new members join or a client signs a contract, or during induction for participants on programmes.

7. Security of data

7.1 All Employees/Staff are responsible for ensuring that any personal data that Institute of Quarrying 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 Institute of Quarrying to receive that information and has entered into a confidentiality agreement.

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 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 Access Control Policy; and/or
  • stored on (removable) computer media which are encrypted in line with Secure Disposal of Storage Media.

7.3 Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees/Staff of Institute of Quarrying. All Employees/Staff are required to enter into an Acceptable Use Agreement before they are given access to organisational information of any sort, which details rules on screen time-outs.

7.4 Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with retention policy timescales.

7.5 Personal data may only be deleted or disposed of in line with the Retention of Records Procedure. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal.

7.6 Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site.

8. Disclosure of data

8.1 Institute of Quarrying 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 Institute of Quarrying’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 Chief Executive Officer (CEO) / GDPR Owner.

9. Retention and disposal of data

9.1 Institute of Quarrying 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 Institute of Quarrying 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 Retention of Records Procedure along with the criteria used to determine this period including any statutory obligations Institute of Quarrying has to retain the data.

9.4 Institute of Quarrying’s data retention and data disposal procedures will apply in all cases.

9.5 Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – 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.

10. Data transfers

10.1 All exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR 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 outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:

10.1.1  An adequacy decision

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. http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

10.1.2 Privacy Shield

If Institute of Quarrying wishes to transfer personal data from the EU to an organisation in the United States it should check that the organisation is signed up with the Privacy Shield framework at the U.S. Department of Commerce. The obligation applying to companies under the Privacy Shield are contained in the “Privacy Principles”. The US DOC is responsible for managing and administering the Privacy Shield and ensuring that companies live up to their commitments. In order to be able to certify, companies must have a privacy policy in line with the Privacy Principles e.g. use, store and further transfer the personal data according to a strong set of data protection rules and safeguards. The protection given to the personal data applies regardless of whether the personal data is related to an EU resident or not. Organisations must renew their “membership” to the Privacy Shield on an annual basis. If they do not, they can no longer receive and use personal data from the EU under that framework.

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

Institute of Quarrying 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 Institute of Quarrying is seeking to rely upon.

10.1.4 Model contract clauses

Institute of Quarrying may adopt approved model contract clauses for the transfer of data outside of the EEA.

10.1.5 Exceptions

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 Institute of Quarrying has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project. Institute of Quarrying’s data inventory and data flow determines:

  • business processes that use personal data;
  • source of personal data;
  • volume of data subjects;
  • description of each item 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 Institute of Quarrying throughout the data flow;
  • key systems and repositories;
  • any data transfers; and
  • all retention and disposal requirements.

11.2 Institute of Quarrying is aware of any risks associated with the processing of particular types of personal data.

11.2.1 Institute of Quarrying 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 Institute of Quarrying, and in relation to processing undertaken by other organisations on behalf of Institute of Quarrying.

11.2.2 Institute of Quarrying 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, Institute of Quarrying 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 Institute of Quarrying 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 Institute of Quarrying may proceed must be escalated for review to the Chief Executive Officer (CEO)/GDPR Owner.

11.2.5 The Chief Executive Officer (CEO) / GDPR Owner shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority.

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 Institute of Quarrying’s documented risk acceptance criteria and the requirements of the GDPR.

 In case of any queries or questions in relation to this policy please contact The Institute of Quarrying Chief Executive Officer.

James Thorne

James.Thorne@quarrrying.org

 

Date of issue: 10th May 2018 

 

The Institute of Quarrying Privacy Notice

1. Scope

All data subjects whose personal data is collected, in line with the requirements of the GDPR.

2. Responsibilities

2.1 The Chief Executive Officer (CEO) / GDPR Owner is responsible for ensuring that this notice is made available to data subjects prior to Institute of Quarrying collecting/processing their personal data.

2.2 All Employees/Staff of Institute of Quarrying who interact with data subjects are responsible for ensuring that this notice is drawn to the data subject’s attention and their consent to the processing of their data is secured.

3. Privacy notice

3.1 Who are we?

The Institute of Quarrying has charitable status and is a company limited by guarantee.  Its primary objective is ‘To advance the science, practice and professionalism of quarrying through education, training and the encouragement of progressive improvements in standards of business, technical and environmental performance’.

The Institute is a professional membership body and has over 5,000 members working around the world. To support these members the Institute has a network of affiliate offices in Australia, Hong Kong, Malaysia, New Zealand and South Africa. The Institute provides support through training and continuing professional development for its members and those working in the quarrying sector.

Our Chief Executive Officer (CEO) / GDPR Owner and data protection representatives can be contacted directly here:

The personal data we would like to collect about you is:

  • Name
  • Email address
  • Home address
  • Work address
  • Job title
  • Employer
  • Age
  • Gender
  • Nationality
  • Bank account details (for those members who pay their own fees)
  • Education and training qualifications
  • Employment history

The personal data we collect will be used for the following purposes:

  • To deliver membership services including;
  • Recognition of professional membership grades e.g. FIQ, MIQ, TMIQ
  • Subscription to the IQ members magazine ‘Quarry Management’
  • Receive information regarding member events, conferences and Branch Technical evenings
  • To receive information on webinars, factsheets and training courses
  • Access to the IQ CPD app
  • Receive notifications regarding the IQ online shop
  • Receive reminders relating to reminders for annual membership renewal fees
  • To deliver training courses in core quarrying subjects and related skills areas including management and Health and Safety.
  • As a charity the IQ provides information to non-members relating to quarrying and the IQ’s services. The IQ will collect data from non-members in order to send them information they have requested.

Our legal basis for processing for the personal data:

  • The IQ is a professional membership body for individuals in the quarrying/mineral extractives sector and in order to deliver the membership services identified above it collects and processes the data of its members to do so. At the point of joining and renewing membership consent is asked for to collect individual’s data.
  • For non-member individuals accessing information consent is provided for the collection of data to send them relevant information. 
  • The IQ does not collect sensitive personal data of its members.

3.2 Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified.

Consent is required for Institute of Quarrying to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.

You may withdraw consent at any time by contacting the IQ at mail@quarrying.org

3.3       Disclosure

Institute of Quarrying will not pass on your personal data to third parties without first obtaining your consent other than to partner organisations who support the IQ in delivering membership services or learners on training courses. In order to deliver core membership services the following third parties will receive your personal data for the following purpose(s) as part of the processing activities:

QMJ Publishing Ltd

7 Regent Street

Nottingham

NG1 5BS

United Kingdom

QMJ Publishing Provide the monthly magazine ‘Quarry Management’

Where members pay their subscriptions the IQ will contact their bank with their details to collect payment.

The Institute works with partner suppliers for the delivery of its CRM (database), website and CPD to deliver the identified services to members.

The Institute uses a number of training providers and will inform potential learners of the training partners at the time of course booking.

3.4       Retention period

Institute of Quarrying will process personal data for members on annual basis and will store the personal data for the duration of their time as a member. The Institute will retain members data for 10 years after their membership of the organisation ceases.

For non-member individuals attending an event the Institute will retain their data for two years.

For individuals attending IQ training courses the data will be retained permanently to enable future verification of attendance and attainment of qualifications.

For further details on the Institute of Quarrying’s policy on data retention please email mail@quarrying.org

3.5 Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

  • Right of access – you have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • Right of portability – you have the right to have the data we hold about you transferred to another organisation.
  • Right to object – you have the right to object to certain types of processing such as direct marketing.
  • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
  • Right to judicial review: in the event that Institute of Quarrying refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 3.6 below.

All of the above requests will be forwarded on should there be a third party involved (as stated in 3.3 above) in the processing of your personal data.

3.6 Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Institute of Quarrying (or third parties as described in 3.4 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Institute of Quarrying’s data protection representatives Chief Executive Officer (CEO) / GDPR Owner.

The details for each of these contacts are:

Supervisory authority contact details

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Website: https://ico.org.uk/

Email: casework@ico.org.uk  

Phone: 0303 123 1113

[Data Protection / [GDPR Owner] contact details

James Thorne

The Institute of Quarrying

McPherson House

8a Regan Way

Chetwynd Business Park

Chilwell

Nottingham

NG9 6RZ

Email: james.thorne@quarrying.org

Phone: 0115 972 9995

3.7       Privacy statement

Read more about how and why we use your data on the IQ website under data protection, privacy statement.

4. Online privacy statement

Personal data

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

“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”.

How we use your information

  • This privacy notice tells you how we, Institute of Quarrying, will collect and use your personal data for the delivery of membership services including;
  • Recognition of professional membership grades e.g. FIQ, CIQ, Tech IQ
  • Subscription to the IQ members magazine ‘Quarry Management’
  • Receive information regarding member events, conferences and Branch Technical evenings
  • To receive information on webinars, factsheets and training courses
  • Access to the IQ CPD app
  • Receive notifications and offers regarding the IQ online shop
  • Membership surveys and questionnaires to help ensure we maintain and develop our services in line with members needs
  • Receive reminders for annual membership renewal fees
  • To deliver training courses in core quarrying subjects and related skills areas including management and Health and Safety.
  • As a charity the IQ provides information to non-members relating to quarrying and the IQ’s services. The IQ will collect data from non-members in order to send them information they have requested.

Why does Institute of Quarrying need to collect and store personal data?

In order for us to provide you with the services above we need to collect personal data from you. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.

Will Institute of Quarrying share my personal data with anyone else?

We may pass your personal data on to third-party service providers contracted to Institute of Quarrying in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf. This includes the delivery of the monthly magazine and the operation of the CPD app to support members in accessing and recording information. When they no longer need your data to fulfil this service, they will dispose of the details in line with Institute of Quarrying’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.

How will Institute of Quarrying use the personal data it collects about me?

Institute of Quarrying will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Institute of Quarrying is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Under what circumstances will Institute of Quarrying contact me?

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.

Can I find out the personal data that the organisation holds about me?

Institute of Quarrying at your request, can confirm what information we hold about you and how it is processed. If Institute of Quarrying does hold personal data about you, you can request the following information:

  • Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
  • Contact details of the data protection officer, where applicable.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on the legitimate interests of Institute of Quarrying or a third party, information about those interests.
  • The categories of personal data collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
  • How long the data will be stored.
  • Details of your rights to correct, erase, restrict or object to such processing.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority.
  • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
  • The source of personal data if it wasn’t collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

Institute of Quarrying accepts the following forms of ID when information on your personal data is requested:

Either; Passport, driving licence, birth certificate, utility bill (from last 3 months)

Contact details of the Chief Executive Officer (CEO) / GDPR Owner:

James Thorne

Chief Executive

McPherson House,

8a Regan Way,

Chetwynd Business Park,

Chilwell,

Nottingham

NG9 6RZ

Telephone - 0115 972 9995

Email: james.thorne@quarrying.org

 

Date of issue: 10th May 2018