Wilec Fire & Security Data Retention Policy
This retention policy sets out how long Wilec (Fire & Security) Limited will hold different categories of records and data.
- The purpose of this policy
Wilec are firmly committed to complying with our data protection obligations. In this context, and to achieve consistency and excellence of service, we believe that it is important to have a policy setting out how we manage document retention.
The Data Protection Acts 1988 and 2003 (as amended) (the DPA) and, from the 25th of May 2018, the General Data Protection Regulation (the GDPR) impose obligations on us, as a Data Controller, to process personal data in a fair manner which notifies data subjects of the purposes of data processing and to retain the data for no longer than is necessary to achieve those purposes.
Under these rules, individuals have a right to be informed about how their personal data is processed. The GDPR sets out the information that we should supply to individuals and when individuals should be informed of this information. We are obliged to provide individuals with information on our retention periods or criteria used to determine the retention periods.
1.1 Grounds for processing
Under the DPAs and the GDPR, Wilec are required to provide data subjects with the legal grounds or lawful basis that they are relying on for processing personal data.
The legal grounds for processing personal data are as follows:
- Performance of a contract;
- Legal obligation;
- Vital interest;
- Public interest; or
- Legitimate interests.
Explicit consent is required where special categories, also known as sensitive personal data are being processed.
Wilec may be able to rely a number of legal bases for collecting personal data. For example, as employers, Wilec can justify processing an employee’s personal data as necessary for the performance of a contract and as part of a statutory requirement.
If there is no justification for retaining personal information, then that information should be routinely deleted. Information should never be kept “just in case” a use can be found for it in the future. If we want to retain information about our clients to help us to provide a better service to them in the future, we must obtain their consent in advance.
1.2 Further processing
Further retention of the personal data should be lawful only when it is compatible with the purposes for which it was originally collected. In this case no separate legal basis is required – it should be relied on where it is necessary, for exercising the right of freedom of expression and information, for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller, on the grounds of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defence of legal claims.
1.3 Right of erasure
Individuals have the right to have their personal data erased and no longer processed in the following circumstances:
- where the personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed,
- where a data subject has withdrawn his or her consent or objects to the processing of personal data concerning him or her, or
- where the processing of his or her personal data does not otherwise comply with the GDPR.
That right is relevant in particular where the data subject has given his or her consent as a child and is not fully aware of the risks involved by the processing, and later wants to remove such personal data, especially on the internet.
The data subject should be able to exercise that right notwithstanding the fact that he or she is no longer a child.
2. Document Retention Procedure
As a company, we are required to retain certain records, usually for a specific amount of time. The accidental or intentional destruction of these records during their specified retention periods could result in the following consequences:
- Fines and penalties.
- Loss of rights.
- Obstruction of justice charges.
- Contempt of court charges.
- Serious disadvantages in litigation.
We must retain certain records because they contain information that:
- Serves as Wilec’s corporate memory.
- Have enduring business value (for example, they provide a record of a business transaction, evidence Securitas’ rights or obligations, protect our legal interests or ensure operational continuity.
- Must be kept in order to satisfy legal, accounting or other regulatory requirements.
We must balance these requirements with our statutory obligation to only keep records for the period required and to comply with data minimisation principles. The retention schedule below sets out the relevant periods for the retention of Securitas’ documents.
3. Types of Documents
This policy explains the differences among records, disposable information, personal data and confidential information belonging to others.
A record is any type of information created, received or transmitted in the transaction of Wilec’s business, regardless of physical format. Examples of where the various types of information are located are:
- Appointment books and calendars.
- Audio and video recordings.
- Computer programs.
- Electronic files.
- Handwritten notes.
- Letters and other correspondence.
- Magnetic tape.
- Memory in mobile phones and PDAs.
- Online postings, such as on Facebook, Twitter, Vine and other sites.
- Performance reviews.
- CCTV images
- Telephone Conversations/Interactions
Therefore, any paper records and electronic files, that are part of any of the categories listed in the Records Retention Schedule contained in the Appendix to this policy, must be retained for the amount of time indicated in the Records Retention Schedule.
A record must not be retained beyond the period indicated in the Record Retention Schedule, unless a valid business reason (or a litigation hold or other special situation) calls for its continued retention. If you are unsure whether to retain a certain record, contact the Data Protection Officer.
Our Data Protection Officer is:
Jane O’Connell. Email: email@example.com
3.2 Disposable Information
Disposable information consists of data that may be discarded or deleted at the discretion of the user once it has served its temporary useful purpose and/or data that may be safely destroyed because it is not a record as defined by this policy. Examples may include:
- Duplicates of originals that have not been annotated.
- Preliminary drafts of letters, memoranda, reports, worksheets and informal notes that do not represent significant steps or decisions in the preparation of an official record.
- Books, periodicals, manuals, training binders and other printed materials obtained from sources outside of Securitas and retained primarily for reference purposes.
- Spam and junk mail.
3.3 Personal Data
Personal Data is defined as any data which can identify an individual either on its own or when combined with other data which we possess. Some examples of personal data include names and addresses, email addresses, CVs, details of previous employment, medical records and references. We have specific obligations relating to personal data as set out in the DPA.
3.4 Confidential Information Belonging to Others
Any confidential information that an employee may have obtained from a source outside of the Company, such as a previous employer, must not, so long as such information remains confidential, be disclosed to or used by Securitas. Unsolicited confidential information submitted to Securitas should be refused, returned to the sender where possible and deleted, if received via the internet.
- The role of the Data Protection Officer in Records Management
Our Data Protection Officer, in conjunction with senior management, is responsible for identifying the documents that Wilec must or should retain, and determining, in collaboration with our Solicitors if necessary, the proper period of retention. The responsibilities of the Data Protection Officer include:
- Arranging for the proper storage and retrieval of records, coordinating with outside vendors where appropriate.
- Handling the destruction of records whose retention period has expired.
- Planning, developing and prescribing document disposal policies, systems, standards and procedures.
- Monitoring departmental compliance so that employees know how to follow the document management procedures.
- Developing and implementing measures to ensure that only authorised users have access to the information, and that Wilec keeps only the information it needs, thereby efficiently using space.
- Establishing standards for filing and storage equipment and recordkeeping supplies.
- Determining the practicability of and, if appropriate, establishing a uniform filing system and a forms design and control system.
- In conjunction with the relevant departments, periodically reviewing the records retention schedules and legislation to determine if Wilec’ document management program and its Records Retention Schedule is in compliance with legislation.
- Informing the various department heads of any laws and administrative rules relating to corporate records.
- In conjunction with the HR Department explaining to employees their duties relating to the document management program.
- Ensuring that the maintenance, preservationcomputer disk storage, destruction or other disposition of Wilec’s records is carried out in accordance with this policy, the procedures of the document management program and our legal requirements.
- Planning the timetable for the annual records destruction exercise and the annual records audit.
- Evaluating the overall effectiveness of the document management program.
- How to Store and Destroy Records
Wilec’s records must be stored in a safe, secure and accessible manner. Any documents and financial files that are essential to our business operations during an emergency must be duplicated and/or backed up at least once per week and maintained off site.
Wilec is responsible for the continuing process of identifying the records that have met their required retention period and supervising their destruction. The destruction of personal data, confidential, financial and personnel-related records must be conducted by shredding. The destruction of electronic records must be coordinated with the IT Department /Manager.
- Questions About the Policy
Any questions about this policy should be referred to the Data Protection Officer who is in charge of administering, enforcing and updating this policy.
Record Retention Schedule
In this policy Wilec establishes retention or destruction schedules or procedures for specific categories of records. This is done to ensure legal compliance and accomplish other objectives, such as protecting intellectual property and controlling costs.
Employees should give special consideration to the categories of documents listed in the record retention schedule below. Avoid retaining a record if there is no business reason for doing so, and consult with the Data Protection Officer if unsure.
Job Applications & Resumes
1 year and 1 day or where successful, for the duration of the employment plus 7 years from the date of termination of employment.
Employee Personnel Files including CV’s, background checks, employment history with Wilec.
7 years from date of making record or action involved, whichever is later, or 1 year from date of involuntary termination
Employee Tax Records
6 years from the date tax is due or paid
All documentation in relation to incorporation
Annual Corporate filings & reports
Board policies, resolutions, meeting minutes
All tax records
Accounting & Finance Records:
Accounts payable & Receivable ledgers
Annual Audit reports & financial statements
Bank Statements & documentation
All other accounting documentation