1. Introduction

1.1. This Policy sets out the obligations of Meyrick Estate Management Limited, a company registered in England and Wales under number 958684, whose registered office is at Estate Office, Bodorgan, Anglesey LL62 5LP  (“the Company”) and its associated entities regarding retention of personal data collected, held, and processed by the Company in accordance with, UK GDPR, European Union Withdrawal Act 2018 and as amended by schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU exit) Regulations 2019 and Data Protection Act 2018 (“GDPR”).

1.2. Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).

1.3. In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:

1.3.1. Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above)

1.3.2. When the data subject withdraws their consent;

1.3.3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;

1.3.4. When the personal data is processed unlawfully (i.e. in breach of the GDPR);

1.3.5. When the personal data has to be erased to comply with a legal obligation; or

1.3.6. Where the personal data is processed for the provision of information society services to a child. 

1.4. For further information on other aspects of data protection and compliance with the GDPR, please refer to the Company’s Personal Data Privacy Policy and the Data Retention Policy.

2. Definitions

The following definitions of terms used in this document are drawn from the European Union’s General Data Protection Regulation:

Personal Data:

Any information relating to an identified or identifiable natural person (a “data subject”) 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 Category Personal Data:

Personal data (also known as “sensitive” personal data) which are, by their nature, particularly sensitive in relation to fundamental rights and freedoms and merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms. Those personal data include, but are not necessarily limited to, personal data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life or sexual orientation.

3. Aims and Objectives

3.1. The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.

3.2. In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.

4. Scope

4.1. This Policy applies to all personal data held by the Company.

4.2. Personal data, as held by the Company, are stored in the following ways and in the following locations:

4.2.1. The Company’s servers located in Hinton, Bournemouth and Anglesey;

4.2.2. Computers permanently located in the Company’s premises at Hinton, Bournemouth and Anglesey;

4.2.3. Laptop computers and other mobile devices provided by the Company to its employees;

4.2.4. Computers and mobile devices owned by employees, agents and sub-  contractors

4.2.5. Physical records stored in Hinton, Bournemouth and Anglesey; and

4.2.6. Other storage facilities as required by the Company.

5. Data Subject Rights and Data Integrity

5.1. All personal data held by the Company are held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Company’s Personal Data Privacy Policy and the Data Retention Policy.

5.2. Data subjects have a right to enquire what personal data the Company holds about them, how those personal data are used and how long the Company will hold those personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).

5.3. Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by the Data Retention Policy), the right to restrict the Company’s use of their personal data, the right to data portability and further rights relating to automated decision-making and profiling, as set out in the Company’s Personal Data Privacy Policy and the Data Retention Policy.

6. Technical and Organisational Data Security Measures

6.1. The following technical measures are in place within the Company to protect the security of personal data:

6.1.1. All emails containing personal data must be marked “confidential”;

6.1.2. Personal data may only be transmitted over secure networks;

6.1.3. Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;

6.1.4. Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted;

6.1.5. Where personal data are to be transferred in hardcopy form, they should be passed or sent directly to the recipient;

6.1.6. All personal data transferred physically should be transferred in a suitable container marked “confidential”;

6.1.7. No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from the Chief Financial Officer.

6.1.8. All hardcopies of personal data, along with any electronic copies stored on physical media, should be stored securely;

6.1.9. No personal data may be transferred to any employees, agents, contractors or other parties, whether such parties are working on behalf of the Company or not, without authorisation;

6.1.10. Personal data must be handled with care at all times and should not be left unattended or on view;

6.1.11. Computers used to view personal data must always be locked before being left unattended;

6.1.12. No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise;

6.1.13. No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors or other parties working on behalf of the Company where the party in question has agreed to comply fully with the Company’s Data Privacy Policy, Data Retention Policy and the GDPR;

6.1.14. All personal data stored electronically should be backed up each normal working day with backups stored onsite. All backups should be encrypted;

6.1.15. All electronic copies of personal data should be stored securely using passwords and encryption;

6.1.16. All passwords used to protect personal data should be changed regularly and must be secure;

6.1.17. Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;

6.1.18. All software should be kept up-to-date. Security-related updates should be installed as soon as reasonably possible after becoming available;

6.1.19. No software may be installed on any Company-owned computer or device without approval; and

6.1.20. Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Chief Financial Officer to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service.

6.2. The following organisational measures are in place within the Company to protect the security of personal data:

6.2.1. All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under the Company’s Personal Data    Privacy Policy and the Data Retention Policy;

6.2.2. Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;

6.2.3. All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so;

6.2.4. All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;

6.2.5. All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;

6.2.6. Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;

6.2.7. The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;

6.2.8. All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Personal Data Privacy Policy and the Data Retention Policy;

6.2.9. All agents, contractors or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Personal Data Privacy Policy and the Data Retention Policy; and

6.2.10. Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Personal Data Privacy Policy and the Data Retention Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

7. Data Disposal

7.1. Upon the expiry of the data retention periods set out in the Company’s Data Retention Schedule and Part 8.7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed or otherwise disposed of as follows:

7.1.1. Personal data and special category personal data stored electronically (including any and all backups thereof) shall be deleted securely using the method set by the Company;

7.1.2. Personal data and special category personal data stored in hardcopy form shall be shredded using in-office shredding machines or external confidential waste removers.

8. Data Retention

8.1. As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which those data are collected, held and processed.

8.2. Different types of personal data, used for different purposes, will necessarily be retained for different periods as set out here and in the Company’s Data Retention Policy.

8.3. When establishing and/or reviewing retention periods, the following shall be taken into account:

8.3.1. The objectives and requirements of the Company;

8.3.2. The type of personal data in question;

8.3.3. The purpose(s) for which the data in question are collected, held and processed;

8.3.4. The Company’s legal basis for collecting, holding and processing the data;

8.3.5. The category or categories of data subject to whom the data relate;

8.4. If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of the data, can be regularly reviewed against those criteria.

8.5. Notwithstanding the defined retention periods in 8.7 and the Data Retention Policy, certain personal data may be deleted or otherwise disposed of prior to the expiry of their defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise). 

8.6. In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.

8.7.

9. Roles and Responsibilities

9.1. The Chief Financial Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Personal Data Privacy Policy and its Data Retention Policy) and with the GDPR and other applicable data protection legislation.

10. Validity and Document Management

This document is valid as of May 2021.

The owner of this document is the Chief Financial Officer, who must check and, if necessary, update the document at least once a year.