Data Protection Privacy Policy

  1. Background

Foresters Healthcare is operated by Orion Insurance Managers. This policy explains how Orion Insurance Managers will use your Personal Data. Orion Insurance Managers is a business providing Insurance Management services,primarily for:

  • Ancient Order of Foresters Friendly Society (“Foresters”)
  • La Fraternelle Mutual Fire Insurance Society (“La Fraternelle”)

In providing these services, Orion needs to gather and use certain information about individuals in the provision of those services –it is a Data Controller. These can include customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact (“data subjects”).

Where Orion is acting on behalf of Foresters or La Fraternelle it is a Data Processor. Orion will process the data of both Foresters and La Fraternelle based on the separate agreements between each of those parties and Orion.

Due to the nature of the business of Orion, Foresters and La Fraternelle it is expected that data processed will be in respect of residents of the Bailiwick of Guernsey only.

 This policy describes how this personal data must becollected, handled and stored to meet the business’ data protection standards –and to comply with relevant law and regulation.

  1. Why this policy exists

This data protection policy ensures that Orion:

  • Complies with data protection law and follows good practice
  • Protects the rights of employees, customers and partners
  • Is open about how it stores and processes individuals’ data
  • Protects itself from the risks of a data breach
  1. Relevant Law and Regulation

The following laws and regulations describe how organisations – including Orion – must collect, handle and store personal information:

  • The Data Protection (Bailiwick of Guernsey) Law, 2017 (the “Guernsey Law”)
  • Ordinances and regulation promulgated under the Guernsey Law
  • Any international or foreign legislation that may, by reason of its extraterritorial nature, have impact on the processing of personal data in the Bailiwick of Guernsey

These rules apply regardless of whether data is stored electronically, on paper or on other materials. To comply with the relevant laws and regulations, personal information must be collected and used fairly, stored safely, kept up to date and not disclosed unlawfully.

The requirements of data protection laws and regulations are underpinned by seven principles, the first six of which state that personal data must:

  1. Be processed lawfully, fairly and in a transparent manner
  2. Be obtained only for specific, explicit and legitimate purposes and must not be processed in a manner incompatible with the purpose for which it was collected
  3. Be adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed
  4. Be accurate and, where applicable, kept up to date with reasonable steps being taken to ensure that personal data that is inaccurate is erased or corrected without delay
  5. Not be kept in a form that permits identification of the data subject any longer than is necessary for the purpose for which it is processed
  6. Be processed in a manner that ensures its security appropriately, including protecting it against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures

The seventh principle applies to data controllers and states that such data controllers are responsible for, and must be able to demonstrate compliance with, the other six principles.

Data controllers have an obligation to facilitate the rights of data subjects (the “Rights”).

  1. Policy Scope

This policy applies to:

  • Orion
  • All staff of Orion
  • All contractors, suppliers, outsource providers and others working on behalf of Orion

It applies to all data that the business holds relating to identifiable individuals, whether or not that data falls under the provisions of relevant data protection legislation, including:

  • Names of individuals
  • Postal and physical addresses
  • Email addresses
  • Telephone numbers (including mobile telephone numbers)

Special consideration needs to be given to special category data, which in the case of Orion would include:

  • Health data
  • Data relating to criminal convictions
  1. Data Protection Risks

This policy helps to protect Orion from data security risks, including:

  • Breaches of confidentiality, for example information being given out inappropriately
  • Failing to offer choice, for example all individuals should be free to choose how the business uses data relating to them
  • Reputational damage, for example the business could suffer if hackers successfully gained access to sensitive data
  1. Responsibilities

Everyone who works for or with Orion has some responsibility for ensuring data is collected, stored and handled appropriately. Everyone that handles personal data must ensure that it is handled and processed in line with this policy and the data protection principles.

The following people have specific areas of responsibility:

  • The board of directors is ultimately responsible for ensuring that Orion meets its legal obligations.
  • The following identified individuals are responsible for the following specific tasks:

Task
Name Of Individual
Keeping the board updated about data protection responsibilities, risks and issues
Reviewing all data protection procedures and related policies, in line with an agreed schedule
Arranging data protection training and advice for the people covered by this policy
Handling data protection questions from staff and anyone else covered by this policy
Dealing with requests from individuals to see the data Orion holds about them (called ‘subject access requests’)
Checking and approving any contracts or agreements with third parties that may handle personal data on behalf of the business
Ensuring all systems, services and equipment used for storing data meet acceptable security standards
Performing regular checks and scans to ensure security hardware and software is functioning properly
Evaluating any third-party service the business is considering using to store or process data (e.g., cloud computing service)
Approving any data protection statement attached to communications such as emails and letters
Addressing any data protection queries from journalists or media outlets
Ensuring that marketing initiatives abide by data protection principles
  1. General data protection policies relating to staff
  • The only people able to access data covered by this policy should be those who need it in respect of the function(s) they perform
  • Data should not be shared informally. When access to confidential information is required, employees can request it from their line manager.
  • Orion will provide training to all employees to help them understand their responsibilities when handling data.
  • Employees should keep all data secure, by taking sensible precautions and following this policy and related procedures.
  • Strong passwords must be used and they should never be shared.
  • Personal data should not be disclosed to unauthorised people, either within the business or externally.
  • Data should be regularly reviewed and updated if it is found to be out of date. If no longer required it should be deleted as detailed in the Data Retention Policy.
  • Employees should request help from their line manager or the person responsible for data protection if they are unsure about any aspect of data protection.
  1. Data Storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the person responsible for data protection.

When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it. This also applies to data that is stored electronically but has been printed.

  • When not required, the paper/files should be kept in a locked drawer or filing cabinet.
  • Paper and printouts should not be left where unauthorised people could see them.
  • Data printouts should be shredded and disposed of securely when no longer required.

When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts.

  • Data should be protected by strong passwords that are changed regularly and never shared between employees.
  • If data is stored on removable media (CD, DVD, USB flash drive or external hard drive), these should be kept locked away securely when not being used.
  • Data should only be stored on designated drives and servers and should only be uploaded to an approved cloud computing service (if one is used).
  • Servers containing personal data should be sited in a secure location.
  • Data should be backed up frequently. Those backups should be tested regularly, in line with the business’ standard backup procedures.
  • Data should never be saved directly to laptops or other mobile devices.
  • Servers/computers should be protected by approved security software and a firewall.
  1. Data Use

Personal data is of no value to Orion unless the business can make use of it. However, it is when personal data is accessed/used that it is at the greatest risk of loss, corruption or theft.

  • When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
  • Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
  • Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.
  • Personal data should never be transferred outside the Bailiwick of Guernsey, the European Economic Area or an equivalent jurisdiction, unless previously approved by the board due to there being some mechanism in place.
  • Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.
  1. Data Accuracy

The law requires Orion to take reasonable steps to ensure data is kept accurate and up to date. IT is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

  • Data will be held in as few places as necessary. Staff should not create any unnecessary instances of personal data.
  • Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
  • Orion will make it easy for data subjects to update the information held in respect of them.
  • Data should be updated as inaccuracies are discovered and as clients advise that it requires updating.
  1. Subject Access Requests

All individuals who are the subject of personal data held by Orion are entitled to:

  • Ask what information the company holds about them and why
  • Ask how to gain access to it
  • Be informed how to keep it up to date
  • Be informed how the company is meeting its data protection obligations

If an individual contacts the business requesting this information, this is called a subject access request. An individual making a subject access request can request a single copy of their data free of charge. The business will aim to respond to this within 14 days. If the individual requests further copies of their data then administrative costs van be charged at standard rates.

The business will always seek to verify the identity of the individual making a subject access request prior to providing them with any information.

  1. Disclosing data for other reasons

There are other circumstances where personal data may be disclosed, without consent of the data subject. This includes situations where the data must be disclosed by reason of local legislation or international agreement.

Under these circumstances, Orion will disclose the requested data. However, the data controller will seek to ensure the request is legitimate, with approval from the board and legal advisers as appropriate.

  1. Providing Information

Orion aims to ensure that individuals are aware that their data is being processed, and that they understand:

  • How their data is being used
  • How to exercise their rights

The business has a privacy statement, setting out how data relating to individuals is used by the business. This is available on the businesses website or otherwise on request.