Data Subject Access Request

Overview

This Policy is designed to establish a procedure for handling or responding to access requests to personal data made by data subjects, their representatives or other interested parties. This policy will enable UXBUNDLE to comply with legal obligations, provide better customer care, improve transparency, enable individuals to verify that information held about them is accurate, and increase the level of trust by being open with individuals about the information that is held about them.

Scope

This policy applies to all entities owned or operated by UXBUNDLE but does not affect any state or local laws or regulations which may otherwise be applicable. This policy also applies to UXBUNDLE employees who handle data subject access requests.

Data Subject Access Request (DSAR)

A Data Subject Access Request (DSAR) is any request made by an individual or an individual’s legal representative for information held by UXBUNDLE about that individual. The DSAR provides the right for data subjects to see or view their own personal data as well as to request copies of the data. A DSAR must be made in writing. In general, verbal requests for information held about an individual are not valid DSARs. A DSAR can be shared via any of the following methods: email or post. DSARs made online must be treated like any other Data Subject Access Requests when they are received, though UXBUNDLE will not provide personal information via social media channels.Refer the DSAR form for contact details

Rights of a Data Subject

The rights to data subject access include the following:

1. Know whether a data controller holds any personal data about them
2. Receive a description of the data held about them and, if permissible and practical, a copy of the data
3. Be informed of the purpose(s) for which that data is being processed, and from where it was received
4. Be informed whether the information is being disclosed to anyone apart from the original recipient of the data; and if so, the identity of those recipients
5. If the data is being used to make automated decisions about the data subject, to be told what logic the system uses to make those decisions and to be able to request human intervention
6. Data subjects can ask that their personal data be erased or rectified
7. Data subjects can ask that their personal data be transferred to them or a third party in machine readable format (JSON, CSV, etc.).

However, the aforementioned requests can only be fulfilled if the data in question is:

1. Provided by the data subject to UXBUNDLE
2. Processed automatically and
3. Processed based on consent or fulfilment of a contract

UXBUNDLE shall provide a response to data subjects requesting access to their data within 30 calendar days of receiving the DSAR or from the final receipt of additional information to enable us fulfil the request unless local legislation dictates otherwise

Requirements for a valid DSAR

In order to enable us to respond to the Data Subject Access Requests in a timely manner, the data subject should:

1. Submit his/her request using a DSAR Form
2. Provide UXBUNDLE sufficient information to validate his/her identity (to ensure that the person requesting the information is the data subject or his/her authorized person)

Subject to the exemptions referred to in this document, UXBUNDLE will provide information to data subjects whose requests are in writing (or by some other method explicitly permitted by the local law), and are received from an individual whose identity can be validated by UXBUNDLE

It must be noted that UXBUNDLE will not provide data where the resources required to identify and retrieve it would be excessively difficult or time-consuming. Requests are more likely to be successful where they are specific and targeted at particular information

Factors that can assist in narrowing the scope of a search include identifying the likely holder of the information (e.g. by making reference to a specific department), the time period in which the information was generated or processed (the narrower the time frame, the more likely a request is to succeed) and being specific about the nature of the data sought (e.g. a copy of a particular form or email records from within a particular department)

DSAR Procedure

Step 1 – Request

Upon receipt of a DSAR, the Data Protection Team will log and acknowledge the request. The requester shall be asked to complete a Data Subject Access Request Form to better enable UXBUNDLE to locate the relevant information

Step 2 – Identity verification

The Data Protection Team shall check the identity of anyone making a DSAR to ensure information is only given to the person who is entitled to it If the identity of a DSAR requester has not already been provided, the person receiving the request will ask the requester to provide two forms of identification, one of which must be a photo identity and the other confirmation of address If the requester is not the data subject, written confirmation that the requester is authorized to act on behalf of the data subject is required

Step 3 – Information for DSAR

Upon receipt of the required documents, the person receiving the request will provide the Data Protection Team with all relevant information in support of the DSAR Where the Data Protection Team is reasonably satisfied with the information presented by the person who received the request, the Data Protection Team will notify the requester that his/her DSAR will be responded to within 30 calendar days The 30 day period begins from the date that the required documents are received. The requester will be informed by the Data Protection Team in writing if there will be any deviation from the 30 day timeframe due to other intervening events

Step 4 – Review of Information

The Data Protection Team which includes cross department representatives will collate the relevant and required information as requested in the DSAR The Data Protection Team shall ensure that the information is reviewed/received by the imposed deadline to ensure the 30 calendar day timeframe is not breached The Data Protection Officer will ask the relevant departments to complete a “Data Subject Response Form” to document compliance with the 30 day requirement

Step 5 – Response to Access Requests

The Data Protection Team will provide the finalized response together with the information retrieved and/or a statement that the does not hold the information requested, or that an exemption applies The Data Protection Team will ensure that a written response will be sent back to the requester. This will be via email, unless the requester has specified another method by which they wish to receive the response (e.g. post) UXBUNDLE will only provide information via channels that are secure. When hard copies of information are posted, they will be sealed securely and sent by recorded delivery

Step 6 – Archiving

After the response has been sent to the requester, the DSAR will be considered closed and archived by the Data Protection Team

Exceptions

• Any individual does not have the right to access information recorded about someone else, unless they are an authorized representative
• UXBUNDLE is not required to respond to requests for information unless it is provided with sufficient details to enable the location of the information to be identified, and to satisfy itself as to the identity of the data subject making the request
• In principle, UXBUNDLE will not normally disclose the following types of information in response to a Data Subject Access Request:
  • Information about other people – A DSAR may cover information which relates to an individual or individuals other than the data subject. Access to such data will not be granted, unless the individuals involved consent to the disclosure of their data
  • Repeat requests – Where a similar or identical request in relation to the same data subject has previously been complied with within a reasonable time period, and where there is no significant change in personal data held in relation to that data subject, any further request made within a six month period of the original request will be considered a repeat request, and UXBUNDLE will not normally provide a further copy of the same data
  • Publicly available information – UXBUNDLE is not required to provide copies of documents which are already in the public domain
  • Opinions given in confidence or protected by copyright law – UXBUNDLE does not have to disclose personal data held in relation to a data subject that is in the form of an opinion given in confidence or protected by copyright law

Data Subject Access Request Refusals

There are situations where individuals do not have a right to see information relating to them. For instance:

• If the information is kept only for the purpose of statistics or research, and where the results of the statistical work or research are not made available in a form that identifies any of the individuals involved
• Requests made for other, non-data protection purposes can be rejected
• If the data subject refuses a DSAR on behalf of UXBUNDLE, the reasons for the rejection must be clearly set out in writing
• Any individual dissatisfied with the outcome of his/her DSAR is entitled to make a request to the Data Protection Officer to review the outcome

Responsibilities

• The overall responsibility for ensuring compliance with a DSAR rests with the Data Protection Officer
• If UXBUNDLE acts as a data controller towards the data subject making the request then the DSAR will be addressed based on the provisions of this policy
• If UXBUNDLE acts as a data processor the Data Protection Officer will notify and forward the request to the appropriate data controller on whose behalf UXBUNDLE processes personal data of the data subject making the request

Managing records

DSAR (and related) records are stored in Datacenter in N.Virgina, USA (Managed by Amazon Web Services). The DSAR data is retained for a period of up to 3 years.

Associated Documents And Policies

This policy is to be read in conjunction with the related policies: Data Protection Policy

Disclaimer: This SOP is for the use of intended recipients only and may not be distributed externally. Any reproduction for external distribution in any form without express permission of UXBUNDLE will attract penal action.