GDPR > Data Erasure or Correction Request Policy and Procedure

This policy sets out the Company’s policy for responding to subject access request under the GDPR. This policy explains the rights of the data subject in relation to a data erasure or correction request and Junari Ltd’s (Company number 05683385) responsibilities when dealing with that request.

Scope

This policy and procedure apply across all entities or subsidiaries owned, controlled, or operated by Junari Ltd and to all employees, including part-time, temporary, or contract employees.

Policy Statement

3.1 What is the right to rectification?

Under Article 16 of the GDPR individuals have the right to have inaccurate personal data rectified. An individual may also be able to have incomplete personal data completed – although this will depend on the purposes for the processing. This may involve providing a supplementary statement to the incomplete data.

3.2 What is the right to erasure?

Under Article 17 of the GDPR individuals have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances.

3.3 When does the right to erasure apply?

Individuals have the right to have their personal data erased if:

4. Junari Ltd is committed to meeting all reasonable requests for access in accordance with GDPR whilst protecting Junari Ltd’s intellectual property and respecting the ethos of honest confidential feedback.

1. How should a rectification or erasure be processed after receiving?

When a rectification or erasure request is received from a data subject it should immediately be reported to the Information Controller Officer who will log and track each request. If you are asked to provide information, you will need to consider the following before deciding how to respond:

• Under GDPR Articles 7(3), 12, 13, 15-22 data subjects have the following rights:
  • • • • to be informed;
        • to access their own data;
        • to rectification;
        • to erasure (Right to be Forgotten);
        • to the restriction of processing;
        • to be notified;
        • to data portability;
        • to object;
        • to object to automated decision making.

• Requests must be made in writing (template form is attached but is not mandatory). All requests received by email, mail, fax, social media, etc. must be processed.
• If a request has already been complied with and an identical or similar request is received from the same individual, a fee can be charged for the second request unless a reasonable interval has elapsed.
• The statutory response time is one month.
• Requests should include the full name, date of birth and address of the person seeking access to their information. To comply with the GDPR, information relating to the individual must only be disclosed to them or someone with their written consent to receive it.
• Before processing a request, the requestor’s identity must be verified. Examples of suitable documentation include:
  • • • • Valid Passport
        • Valid Identity Card
        • Valid Driving Licence
        • Birth Certificate along with some other proof of address, e.g. a named utility bill (no longer than 3 months old)

2. Individual rights

An individual has the right to know what information is held about them. GDPR in the UK provides a framework to ensure that personal information is handled properly.

This information must be:

• Processed fairly, lawfully and in a transparent manner
• Processed for specific, legitimate and lawful purposes
• Adequate, relevant and not excessive
• Accurate and kept up to date
• Not kept longer than necessary
• Processed in line with an individual’s rights
• Secure
• Not transferred other than in accordance with agreed terms and conditions

3. Rectification or erasure requests made by a representative or third party

Anyone with full mental capacity can authorise a representative/third party to help them make a data rectification or erasure request. Before disclosing any information, Junari Ltd must be satisfied that the third party has the authority to make the request on behalf of the requestor and that the appropriate authorisation to act on their behalf is included (see Data Request Form).

4. Complaints

If an individual is dissatisfied with the way Junari Ltd have dealt with their subject access request, they should be advised to invoke the Junari Ltd’s complaints process. If they are still dissatisfied, they can complain to the Data Protection Regulator.

1. Compliance, monitoring and review

2. Records management

Staff must maintain all records relevant to administering this policy and procedure in electronic form in a recognised Junari Ltd recordkeeping system.

All records relevant to administering this policy and procedure will be maintained for a period of 5 years.

General Data Protection Regulation (GDPR): The General Data Protection Act 2018 (DPA 2018) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU.

Data Controller: the entity that determines the purposes, conditions and means of the processing of personal data

Data Processor: the entity that processes data on behalf of the Data Controller

Data Protection Authority: national authorities tasked with the protection of data and privacy as well as monitoring and enforcement of the data protection regulations within the Union

Data Protection Officer (DPO): an expert on data privacy who works independently to ensure that an entity is adhering to the policies and procedures set forth in the GDPR

Data Subject: a natural person whose personal data is processed by a controller or processor

Personal Data: any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person

Privacy Impact Assessment: a tool used to identify and reduce the privacy risks of entities by analysing the personal data that are processed and the policies in place to protect the data

Processing: any operation performed on personal data, whether or not by automated means, including collection, use, recording, etc.

Profiling: any automated processing of personal data intended to evaluate, analyse, or predict data subject behaviour

Regulation: a binding legislative act that must be applied in its entirety across the Union

Subject Access Right: also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them

1. Right to rectification

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/

2. Right to erasure

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/

  Junari Ltd’s employees may provide feedback and suggestions about this document by emailing dominic.tyler@junari.com

This policy must be reviewed and updated annually.

The following matters must be considered as pan of each review of this policy:

1. changes to the legal and regulatory environment;

2. changes to any codes of conduct to which the company subscribes;

3. developments in industry best practice;

4. any new data collected by the company;

5. any new data processing activities are undertaken by the company, and

6. any security incidents affecting the company.

1. Data Rectification Form:

Letter template for rectification

To Whom It May Concern:

I am hereby requesting rectification of inaccurate personal data concerning me according to Article 16 GDPR.

Please make the following changes:
Specify the data to be corrected.

In case you have disclosed the affected personal data to third parties, you have to communicate my request for rectification of the affected personal data to each recipient as laid down in Article 19 GDPR. Please also inform me about those recipients.

My request explicitly includes any other services and companies for which you are the controller as defined by Article 4(7) GDPR.

As laid down in Article 12(3) GDPR, you have to confirm the erasure to me without undue delay and in any event within one month of receipt of the request.

I am including the following information necessary to identify me:
Enter your identification data here. This often includes information like your name, your date of birth, your address, your email address and so on.

If you do not answer my request within the stated period, I am reserving the right to take legal action against you and to lodge a complaint with the responsible supervisory authority.

If you do not normally deal with these requests, please pass this letter to your Information Controller Officer dominic.tyler@junari.com, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

[Signature]

2. Data Rectification Form:

Letter template for erasure

To Whom It May Concern:

I am hereby requesting immediate erasure of personal data concerning me according to Article 15 GDPR.

[Please erase all personal data concerning me as defined by Article 4(1) GDPR.]
[Please delete the following personal data concerning me: Specify the data to be deleted.]

I am of the opinion that the requirements set forth in Article 17(1) GDPR are fulfilled.

If I have given consent to the processing of my personal data (e.g. according to Article 6(1) or Article 9(2) GDPR), I am hereby withdrawing said consent.
In addition, I am objecting to the processing of personal data concerning me (which includes profiling), according to Article 21 GDPR.

In case you have disclosed the affected personal data to third parties, you have to communicate my request for erasure of the affected personal data, as well as any references to it, to each recipient as laid down in Article 19 GDPR. Please also inform me about those recipients.

If you object to the requested erasure, you have to justify that to me.

My request explicitly includes any other services and companies for which you are the controller as defined by Article 4(7) GDPR.

As laid down in Article 12(3) GDPR, you have to confirm the erasure to me without undue delay and in any event within one month of receipt of the request.

I am including the following information necessary to identify me:
Enter your identification data here. This often includes information like your name, your date of birth, your address, your email address and so on.

If you do not answer my request within the stated period, I am reserving the right to take legal action against you and to lodge a complaint with the responsible supervisory authority.

If you do not normally deal with these requests, please pass this letter to your Information Controller Officer dominic.tyler@junari.com, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

[Signature]