Under the Regulations an individual has the following rights with regard to those who are processing his/her data:

• Personal and special categories of personal data cannot be held without the individual’s consent (however, the consequences of not holding it can be explained and a service withheld).
• Data cannot be used for the purposes of direct marketing of any goods or services if the Data Subject has declined their consent to do so.

• Individuals have a right to have their data erased and to prevent processing in specific circumstances:

• Where data is no longer necessary in relation to the purpose for which it was originally collected
• When an individual withdraws consent

• When an individual objects to the processing and there is no overriding legitimate interest for continuing the processing
• Personal data was unlawfully processed

• An individual has a right to restrict processing – where processing is restricted, Platinum Plus Care Limited is permitted to store the personal data but not further process it.  Platinum Plus Care Limited can retain just enough information about the individual to ensure that the restriction is respected in the future.
• An individual has a ‘right to be forgotten’.

Platinum Plus Care Limited will not undertake direct telephone marketing activities under any circumstances.

Data Subjects can ask, in writing to the Chief Executive, to see all personal data held on them, including e-mails and computer or paper files.  The Data Processor (Platinum Plus Care Limited) must comply with such requests within 30 days of receipt of the written request.

Powers of the Information Commissioner

The following are criminal offences, which could give rise to a fine and/or prison sentence

• The unlawful obtaining of personal data.
• The unlawful selling of personal data.

• The unlawful disclosure of personal data to unauthorised persons.

Further Information

Further information is available at www.ico.gov.uk

Details of the Information Commissioner

The Information Commissioner’s office is at:

Wycliffe House

Water Lane

Wilmslow

Cheshire  SK9 5AF

Switchboard: 01625 545 700

Email: mail@ico.gsi.gov.uk

Data Protection Help Line: 01625 545 745

Notification Line: 01625 545 740

Data Retention

As a general principle, Platinum Plus Care Limited will not keep (or otherwise process) any personal data for longer than is necessary. If Platinum Plus Care Limited no longer requires the personal data once it has finished using it for the purposes for which it was obtained, it will delete the personal data unless it is required by law to retain the data for an additional period of time.

1. Platinum Plus Care Limited may have legitimate business reasons to retain the personal data for a longer period. This may include, for example, retaining personnel records in case a claim arises relating to personal injury caused by Platinum Plus Care Limited that does not become apparent until a future date. Platinum Plus Care Limited will consider the likelihood of this arising when it determines its retention periods – the extent to which medical treatment is provided by Platinum Plus Care Limited will, for example, affect the likelihood of Platinum Plus Care Limited needing to rely on records at a later

A link to the NHSX Records Management Code of Practice 2021 is available in the Underpinning Knowledge section. It is a guide in relation to the practice of managing records, with minimum retention periods for different types of records relating to health and care.

• Platinum Plus Care Limited may be required to retain personal data for a specified period of time to comply with legal or statutory requirements. These may include, for example, requirements imposed by HMRC in respect of financial documents, or guidance issued by UK Visas and Immigration and Immigration Enforcement in respect of the retention of right to work documentation (see the “Underpinning Knowledge” section).
• Platinum Plus Care Limited understands that claims may be made under a contract for 6 years from the date of termination of the contract, and that claims may be made under a deed for a period of 12 years from the date of termination of the deed. Platinum Plus Care Limited may therefore consider keeping contracts and deeds and documents and correspondence relevant to those contracts and deeds for the duration of the contract or deed plus 6 and 12 years
• Platinum Plus Care Limited will consider how long it needs to retain HR records. Platinum Plus Care Limited may choose to separate its HR records into different categories of personal data (for example, health and medical information, holiday and absence records, next of kin information, emergency contact details, financial information) and specify different retention periods for each category of

personal data. Platinum Plus Care Limited recognises that determining separate retention periods for each element of personal data may be more likely to comply with UK GDPR.

Platinum Plus Care Limited may decide, however, that separating its HR records into different elements is not practical, and that it can determine a sensible period of time for which to keep the HR records in their entirety.

The period of time that is appropriate may depend on the likelihood of a claim arising in respect of that employee in the future. If, for example, if Platinum Plus Care Limited is concerned that an employee may suffer personal injury as a result of their employment, they may choose to retain its HR records for a significant period of time. If any such claim is unlikely, Platinum Plus Care Limited may choose to retain its files for 6 or 12 years (depending on whether the arrangement entered into between Platinum Plus Care Limited and the employee is a contract or a deed).

2. Platinum Plus Care Limited will consider the following advice and guidelines when deciding for how long to retain HR data. Platinum Plus Care Limited acknowledges that the suggested retention periods below are based on guidance within relevant legislation:
   • Immigration checks – three years after the termination of employment
   • PAYE records – at least three years after the end of the tax year to which they relate
   • Payroll and wage records for companies – six years from the financial year-end in which payments were made
   • Records in relation to hours worked and payments made to workers – three years beginning with the day on which the pay reference period immediately following that to which they relate ends
   • Records required by the Working Time Regulations:
     • Working time opt out – three years from the date on which they were entered into
     • Compliance records – three years after the relevant period
   • Maternity records – four years after the end of the tax year in which the maternity pay period ends

• Accident records – at least four years from the date the report was made, or potentially longer if deemed appropriate given the possibility of ongoing relevance of the records

• Platinum Plus Care Limited will consider for how long it is required to keep records relating to Service Users. In doing so, Platinum Plus Care Limited will consider the data retention guidelines provided by the NHS, if applicable. Those guidelines can be accessed by using the link in the “Underpinning Knowledge” section.

If the NHS guidelines do not apply to Platinum Plus Care Limited, Platinum Plus Care Limited will determine an appropriate retention policy for Service User personal data. Platinum Plus Care Limited may choose to retain personal data for at least 6 years from the end of the provision of services to the Service User, in case a claim arises in respect of the services provided.

• Irrespective of the retention periods chosen by Platinum Plus Care Limited, they must ensure that all personal data is kept secure and protected for the period in which it is held. This applies in particular to special categories of
• Platinum Plus Care Limited must record all decisions taken in respect of the retention of personal data. If the ICO investigates the policies and procedures at Platinum Plus Care Limited, a written record of the logic and reasoning behind the retention periods adopted must be
• Platinum Plus Care Limited must implement processes for effectively and securely destroying and/or deleting personal data at the end of the relevant retention period. They must consider whether personal data stored on computers, including in emails, is automatically backed up and how to achieve deletion of those backups or ensure that the archived personal data is automatically deleted after a certain period of time. Platinum Plus Care Limited will also consider circulating guidance internally to encourage staff to regularly delete their

Platinum Plus Care Limited will introduce policies relating to the destruction of hard copies of documents, including using confidential waste bins or shredding them.

2.6    Data Security

Platinum Plus Care Limited must take steps to ensure that the personal data it processes is secure, including by protecting the personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage.

• Platinum Plus Care Limited understands that all health and care organisations, as detailed below, are required to comply with the Data Security and Protection Toolkit. A link to an explanatory guidance note is included in the “Underpinning Knowledge” section. Compliance with the Data Security and Protection Toolkit facilitates compliance with UK

Platinum Plus Care Limited understands that the following types of organisation must comply with the Data Security and Protection Toolkit:

• Organisations contracted to provide services under the NHS Standard Contract
• Clinical Commissioning Groups
• General Practices that are contracted to provide primary care essential services
• Local authorities and social care providers must take a proportionate response to the new toolkit:
  • Local authorities should comply with the toolkit where they provide adult social care or public health and other services that receive services and data from NHS Digital, or are involved in data sharing across health and care where they process confidential personal data of Service Users who access health and adult social care services
  • Social care providers who provide care through the NHS Standard Contract should comply with the toolkit. It is also recommended that social care providers who do not provide care through the NHS Standard Contract consider compliance with the toolkit as this will help to demonstrate compliance with the ten security standards and UK GDPR
• Platinum Plus Care Limited will implement and embed the use of policies and procedures to ensure that personal data is kept secure. The suggestions below apply in addition to the steps Platinum Plus Care Limited is required to take pursuant to the Data Security and Protection Toolkit, if the toolkit applies to Platinum Plus Care Limited.

Platinum Plus Care Limited will bear in mind the following principles when deciding how to ensure that personal data is kept secure:

• Confidentiality – ensuring that personal data is accessible only on a need-to-know basis
• Integrity – ensuring that there are processes and controls in place to make sure personal data is accurate and complete

• Availability – ensuring that personal data is accessible when it is needed for business purposes of Platinum Plus Care Limited
• Resilience – ensuring that personal data is able to withstand and recover from threats For paper documents, these will include, where possible:
• Keeping the personal data in a locked filing cabinet or locked drawer when it is not in use
• Adopting a “clear desk” policy to ensure that personal data is not visible or easily retrieved
• Ensuring that documents containing personal data are accessible only by those who need to know/review the documents and the personal data contained within them
• Redacting personal data from documents where possible
• Ensuring that documents containing personal data are placed in confidential waste bins or shredded at the end of the relevant retention period
• Minimising the transfer of personal data from outside of business premises and, where such transfer cannot be avoided, ensuring that the paper documents continue to be kept confidential and secure

For electronic documents, the measures taken by Platinum Plus Care Limited will include, where possible:

• Password protection or, where possible, encryption
• Adopting a ‘clear screen’ policy where users lock screens when they are away from their computers
• Ensuring that documents containing personal data are accessible only by those who need to know/review the documents and the personal data contained within them
• Ensuring ongoing confidentiality, integrity and reliability of systems used online to process personal data (this may require a review of IT systems and software currently used by Platinum Plus Care Limited)
• The ability to quickly restore the availability of and access to personal data in the event of a technical incident (this may require a review of IT systems and software currently used by Platinum Plus Care Limited)
• Taking care when transferring documents to a third party, ensuring that the transfer is secure and the documents are sent to the correct recipient

Platinum Plus Care Limited will ensure that all business phones, computers, laptops and tablets are password protected.

Platinum Plus Care Limited will encourage staff to avoid storing personal data on portable media such as USB devices. If the use of portable media cannot be avoided, Platinum Plus Care Limited will ensure that the devices it uses are encrypted or password protected and that each document on the device is encrypted or password protected.

• Platinum Plus Care Limited will implement guidance relating to the use of business phones and messaging apps. Platinum Plus Care Limited understands that all personal data sent via business phones, computers, laptops and tablets may be captured by UK GDPR, depending on the content and context of the message. As a general rule, Platinum Plus Care Limited will ensure that staff members only send personal data by text or another messaging service if they are comfortable that the content of the messages may be captured by UK GDPR and may need to be provided pursuant to a Subject Access Request (staff should refer to the Subject Access Requests Policy and Procedure at Platinum Plus Care Limited for further details).
• Platinum Plus Care Limited will ensure that all staff are aware of the importance of keeping personal data secure and not disclosing it on purpose or accidentally to anybody who should not have access to the information. To achieve this, Platinum Plus Care Limited will:
  • Provide training to staff where necessary on security of personal data
  • Consider, in particular, the likelihood that personal data (including special categories of data) will be removed from the premises of Platinum Plus Care Limited and taken to, for example, Service User’s homes and residences
  • Control access to premises
  • Ensure that all staff understand the importance of maintaining the confidentiality of personal data away from the premises
  • Take care to ensure that the personal data is not left anywhere it could be viewed by a person who

should not have access

• Platinum Plus Care Limited will adopt policies and procedures in respect of recognising, resolving and reporting security incidents including breaches of UK GDPR. Platinum Plus Care Limited understands that it may need to report breaches to the ICO and to affected Data Subjects, as well as to CareCERT if it

is required to comply with the Data Security and Protection Toolkit.

• Platinum Plus Care Limited will adopt processes to regularly test, assess and evaluate the security measures it has in place for all types of personal

2.13  Privacy by Design

Platinum Plus Care Limited will take into account the UK GDPR requirements around privacy by design, particularly in terms of data security.

• Platinum Plus Care Limited understands that privacy by design is an approach set out in UK GDPR that promotes compliance with privacy and data protection from the beginning of a project. Platinum Plus Care Limited will ensure that data protection and UK GDPR compliance is always at the forefront of the services it provides, and that it will not be treated as an
• Platinum Plus Care Limited will comply with privacy by design requirements by, for example:
  • Identifying potential data protection and security issues at an early stage in any project or process, and addressing those issues early on;
  • Ensuring that the default position in projects involving personal data is privacy centres i.e. privacy by default; and
  • Increasing awareness of privacy and data protection across Platinum Plus Care Limited, including in terms of updated policies and procedures adopted by Platinum Plus Care Limited
• Platinum Plus Care Limited will conduct Data Protection Impact Assessments to identify and reduce the privacy and security risks of any project or processing carried out by Platinum Plus Care Limited. A template Data Protection Impact Assessment along with the circumstances in which a Data Protection Impact Assessment should be conducted is available within the Data Protection Impact Assessment (DPIA ) Policy and Procedure at Platinum Plus Care