Teaching Talking Ltd

DATA RETENTION POLICY

23rd February 2023

Introduction

This Policy sets out the obligations of Teaching Talking Ltd [(the “Company”)] regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”). 

This policy does not form part of any employment contract and we may amend it at any time.

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one 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.

The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, 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.

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 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. Where the personal data is no longer required for the purpose for which it was originally collected or processed;
2. When the data subject withdraws their consent;
3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
4. When the personal data is processed unlawfully (i.e. in breach of the GDPR); or
5. When the personal data has to be erased to comply with a legal obligation.

This Policy sets out the type(s) of personal data held by the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.

Aims and Objectives

The aims of this Policy are (i) to set out limits for the retention of personal data; (ii) to ensure that those limits, as well as further data subject rights to erasure, are complied with; (iii) to ensure that the Company complies fully with its obligations and safeguard the rights of data subjects under the GDPR; and (iv) to improve the speed and efficiency of managing data.

Scope

This Policy applies to all personal data held by the Company which is stored in the following ways and in the following locations:

1. Computers permanently located in the Company’s premises
2. Laptop computers and other mobile devices provided by the Company to its employees;
3. Computers and mobile devices owned by employees, agents, and contractors;
4. Physical records stored in the Company’s premises

Data Disposal

Upon the expiry of the data retention periods set out below in Part 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:

1. Personal data stored electronically (including any and all backups thereof) shall be permanently deleted; and
2. Personal data stored in hardcopy form shall be shredded and securely disposed of.

Data Retention

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 that data is collected, held, and processed.
2. Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
3. When establishing and/or reviewing retention periods, the following shall be taken into account:
1. The objectives and requirements of the Company;
2. The type of personal data in question;
3. The purpose(s) for which the data in question is collected, held, and processed;
4. The Company’s legal basis for collecting, holding, and processing that data; and
5. The category or categories of data subject to whom the data relates.
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 that data, can be regularly reviewed against those criteria.
5. Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its 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).

Roles and Responsibilities

1. The Company’s Data Protection Officer is Kathryn Leslie.
2. The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Privacy-related policies (including, but not limited to, its Privacy Policy), and with the GDPR and other applicable data protection legislation.
3. The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company.
4. Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.

Implementation of Policy

This Policy shall be deemed effective as of 23rd February 2023. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

This Policy has been approved and authorised by: