Personal data and its handling
Telkom International shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in what we do to comply with these principles. The Principles are:
1) Lawful, fair and transparent - Data collection must be fair, for a legal purpose and we must be open and transparent about how the data will be used.
2) Limited for its purpose - Data can only be collected for a specific purpose.
3) Data minimisation - Any data collected must be necessary and not excessive for its purpose.
4) Accurate - The data we hold must be accurate and kept up to date.
5) Retention - We cannot store data longer than necessary.
6) Integrity and confidentiality - The data we hold must be kept safe and secure.
Accountability and transparency
We will ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. Telkom is responsible for keeping a written record of how all data processing activities, and ensuring we comply with Principles listed in the previous section of this document.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. We are responsible for understanding the responsibilities to ensure we meet the following data protection obligations:
▪ Fully implement all appropriate technical and organisational measures
▪ Maintain up-to-date and relevant documentation on all processing activities
▪ Providing GDPR training and awareness to all employees
▪ Logging any data breaches
▪ Continual data cleansing and disposal through secure means
▪ Provide our customers with a clear and easy data withdrawal process
▪ Implement measures to ensure privacy by design and default, including:
▪ Data minimisation
▪ All Telkom devices are registered and managed via an Endpoint Management solution.
▪ All Telkom data are stored only on servers or computers with up to date antivirus and firewall software
▪ Telkom have reviewed all internal policies to ensure they keep data protection at highest priority and full in line with GDPR regulations
Fair and lawful processing
We will process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful. Data subjects have the right to have any data unlawfully processed erased.
Controlling vs. processing data
Telkom International is classified as data controller and all employees have been given relevant training in GDPR. We must maintain our appropriate registration with the Information Commissioners Office in order to continue lawfully controlling data. We will log all data breaches to the ICO within the timeframe specified and hold such detail on a data breach register for future reference.
Data processors must comply with our contractual obligations and act only on the documented instructions of the data controller. As a data processor, we must:
▪ Not use a sub-processor without written authorisation of the data controller
▪ Co-operate fully with the ICO or other supervisory authority
▪ Ensure the security of the processing
▪ Keep accurate records of processing activities
▪ Notify the controller of any personal data breaches
Lawful basis for processing data
We must establish a lawful basis for processing data. Ensure that any data you are responsible for managing has a written lawful basis approved by the management. It is your responsibility to check the lawful basis for any data you are working with and ensure all of your actions comply with the lawful basis. At least one of the following conditions must apply whenever we process personal data:
1. Consent - We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
2. Contract - The processing is necessary to fulfil or prepare a contract for the individual.
3. Legal obligation - We have a legal obligation to process the data (excluding a contract).
4. Vital interests - Processing the data is necessary to protect a person’s life or in a medical situation.
5. Public function - Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
6. Legitimate interest - The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform your Manager.
You will keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the Manager responsible will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.
Storing data securely
• In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
• Printed data will be shredded when it is no longer needed
• Data stored on a computer will be protected by strong passwords that are changed regularly.
• Data stored on CDs or memory sticks will be encrypted or password protected and locked away securely when they are not being used
• Servers containing personal data must be kept in a secure location, away from general office space
• Data will be regularly backed up in line with the company’s backup procedures
• Data will never be saved directly to mobile devices such as laptops, tablets or smartphones
• All servers containing sensitive data will be approved and protected by security software
We will retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Rights of individuals
Individuals have rights to their data which we will respect and comply with to the best of our ability. We will ensure individuals can exercise their rights in the following ways:
1. Right to be informed
- Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children.
- Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
2. Right of access
- Enabling individuals to access their personal data and supplementary information
- Allowing individuals to be aware of and verify the lawfulness of the processing activities
3. Right to rectification
- We will rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete.
- This will be done without delay, and no later than one month. This can be extended to two months with permission from Management.
4. Right to erasure
- We will delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
5. Right to restrict processing
- We will comply with any request to restrict, block, or otherwise suppress the processing of personal data.
- We are permitted to store personal data if it has been restricted, but not process it further. We will retain enough data to ensure the right to restriction is respected in the future.
6. Right to data portability
- We will provide individuals with their data so that they can reuse it for their own purposes or across different services.
- We will provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.
7. Right to object
- We will respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
- We will respect the right of an individual to object to direct marketing, including profiling.
- We will respect the right of an individual to object to processing their data for scientific and historical research and statistics.
8. Rights in relation to automated decision making and profiling
- We will respect the rights of individuals in relation to automated decision making and profiling.
Subject Access Requests
An individual has the right to receive confirmation that their data is being processed. To submit a ‘subject access request’ please complete the form
How we deal with subject access requests
We will provide an individual with a copy of the information requested, free of charge. This must occur without delay, and within one calendar month of receipt. We will endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible.
If complying with the request is complex or numerous, the deadline can be extended to two months, but we will inform the individual within one month.
We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting.
Right to erasure
What is the right to erasure?
Individuals have a right to have their data erased and for processing to cease in the following circumstances:
- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected and / or processed;
- Where consent is withdrawn;
- Where the individual objects to processing and there is no overriding legitimate interest for continuing the processing;
- The personal data was unlawfully processed or otherwise breached data protection laws
- To comply with a legal obligation; or
- The processing of personal data to offer information society services to a child.
How we deal with the right to erasure
We will only refuse to comply with a right to erasure in the following circumstances:
- Whereby we need to use the data to service your contractual agreement
- To exercise the right of freedom of expression and information
- To comply with a legal obligation for the performance of a public interest task or exercise of official authority
- For public health purposes in the public interest
- For archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or
- or the establishment, exercise or defence of legal claims.
If we have disclosed your personal data to any of our 3rd party suppliers to provide the services obtain through us, we must contact each recipient and inform them of the erasure, unless this proves impossible or involves disproportionate effort. If asked, we must inform you of those suppliers.
The right to object
Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:
- We can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual; or
- The processing is for the establishment, exercise or defence of legal claims.
We must cease processing:
- For direct marketing purposes as soon as we receive an objection. There are no exemptions or grounds to refuse.
- We must deal with an objection to processing for any direct marketing at any time, free of charge
We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.