How long do you have to keep employee records in Canada?
36 months
How long do I have to keep employee applications on file?
Keep all job application records, including job descriptions, ads, resumes, pre-employment screenings, and offer (or rejection) letters for at least one year from the hiring date (or rejection date). Employment contracts should be kept for at least three years.
How long can companies keep personal data?
You should consider any relevant industry standards or guidelines. For example, we have agreed that credit reference agencies are permitted to keep consumer credit data for six years. Industry guidelines are a good starting point for standard retention periods and are likely to take a considered approach.
What should be done with personal data that is out of date?
Data that is out of date or no longer necessary must be properly destroyed or deleted. For example, a customer contacts a music store to tell them they no longer wish to receive any marketing information and to remove their details from their records.
What counts as processing personal data?
It includes the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.
What are the six lawful basis for processing data?
The law provides six legal bases for processing: consent, performance of a contract, a legitimate interest, a vital interest, a legal requirement, and a public interest. First, most organizations ask if they have to have consent to process data. The answer is, not necessarily.
Which is the most important legal basis for processing data?
Recital 40 of the GDPR states that in order for processing to be lawful, personal data should be processed on the basis of the consent of the data subject concerned or some other legitimate basis.
What is the correct order to do a Lia?
There’s no defined process, but you should approach the LIA by following the three-part test:
- The purpose test (identify the legitimate interest);
- The necessity test (consider if the processing is necessary); and.
- The balancing test (consider the individual’s interests).
Can you have more than one lawful basis for processing data?
You must have a valid lawful basis in order to process personal data. There are six available lawful bases for processing. No single basis is ‘better’ or more important than the others – which basis is most appropriate to use will depend on your purpose and relationship with the individual.
Which lawful basis for processing is the most flexible?
Legitimate interests
When must high risk data security breaches be reported to the ICO?
How much time do we have to report a breach? You must report a notifiable breach to the ICO without undue delay, but not later than 72 hours after becoming aware of it. If you take longer than this, you must give reasons for the delay.
What is the most common and appropriate ground for processing personal information?
LEGITIMATE INTERESTS as a legal ground for processing personal information. The ICO’s draft guidance on Consent states: consent is one lawful basis for processing, but there are five others. Consent won’t always be the easiest or most appropriate.
How do you process personal data?
Common types of personal data processing include (but are not limited to) collecting, recording, organising, structuring, storing, modifying, consulting, using, publishing, combining, erasing, and destroying data.
What does your data privacy rely on?
Data privacy, also called information privacy, is the aspect of information technology (IT) that deals with the ability an organization or individual has to determine what data in a computer system can be shared with third parties.
Can personal data be processed without consent?
Legitimate interests: you can process personal data without consent if you need to do so for a genuine and legitimate reason (including commercial benefit), unless this is outweighed by the individual’s rights and interests. Please note however that public authorities are restricted in their ability to use this basis.
When can you share information without consent?
Ask for consent to share information unless there is a compelling reason for not doing so. Information can be shared without consent if it is justified in the public interest or required by law. Do not delay disclosing information to obtain consent if that might put children or young people at risk of significant harm.
Can I get compensation for a data breach?
The GDPR gives you a right to claim compensation from an organisation if you have suffered damage as a result of it breaking data protection law. You do not have to make a court claim to obtain compensation – the organisation may simply agree to pay it to you.
Who can process personal data?
Your organisation’s legitimate interests Your company/organisation may legitimately process personal data for that purpose, only if the least intrusive method is chosen as regards the privacy and data protection rights of your employees, for example, by limiting the accessibility of certain websites.
What is not personal data?
Information about companies or public authorities is not personal data. However, information about individuals acting as sole traders, employees, partners and company directors where they are individually identifiable and the information relates to them as an individual may constitute personal data.
Is a mobile number personal data?
Personal data are any information which are related to an identified or identifiable natural person. For example, the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address are all personal data.
Is salary personal data?
Information about a house is often linked to an owner or resident and consequently the data about the house will be personal data about that individual. However, data about a house will not, by itself, be personal data. Data about the salary for a particular job may not, by itself, be personal data.
Are work emails personal data?
The simple answer is that individuals’ work email addresses are personal data. A person’s individual work email typically includes their first/last name and where they work. For example, [email protected], which will classify it as personal data.
Is a witness statement personal data?
Although a witness statement is primarily about the witness (where they were, what they saw etc.), it also identifies and relates to the other person because it says what the witness saw them do, heard them say etc. Therefore information like this can be personal data about two (or more) people.
Is a car registration personal data?
The answer to that question is: yes, a car registration plate is personal data if the car is owned by an individual or sole trader. The GDPR and the Data Protection Act define personal data as: “any information relating to an identified or identifiable living individual”.
Is a VIN considered personal information?
A Vehicle Identification Number (VIN) is specific to a vehicle and is considered PII.
Is a VIN number personal data?
Personal characteristics: photographic images (particularly of face or other identifying characteristics) or handwriting. Biometric data: fingerprints, retina scans, voice signatures, or facial geometry. Information identifying personally owned property: Vehicle Identification Number (VIN), home or vehicle title number.
Can you get personal information from a VIN number?
VIN and Personal Information Though the title links the owner to the VIN, it is impossible to extract any personal data from the documents. They contain valid information about the car, but not about the owner. Your social security number, credit card or bank account details will never be displayed.