Privacy & data protection policy

Purpose

1.The objective of this policy is to ensure that:
(a)Personal Data is Processed by TfL in compliance with the requirements of the Data Protection Act 1998 and other relevant information governance legislation; and
(b)TfL Personnel are aware of their obligations when Processing Personal Data on behalf of TfL.

Definitions

2.Cyber Security and Incident Response Team (CSIRT): a business unit within the Information Management department of Customers, Communication and Technology.
3.Data Controller: the organisation (alone, jointly or in common with other organisations) which determines the manner and purposes for which Personal Data is to be processed.
4.Data Processor: processes data on behalf of the Data Controller (other than an employee).
5.Data Protection Legislation: the Data Protection Act 1998 (DPA), together with all secondary legislation made under it. The DPA governs the way in which Data Controllers such as TfL can process an individual's Personal Data. It also gives individuals certain rights regarding the information that is held about them and obliges TfL to respond to any requests from an individual to access their own Personal Data.
6.Data Protection Principles: a set of statutory requirements, which all Data Controllers are obliged to adhere to. The Principles balance the legitimate need for organisations such as TfL to process Personal Data against the need to protect the privacy rights of the Data Subject.
7.Data Subject: an individual who is the subject of Personal Data.
8.Information Commissioner: the regulator appointed by the Crown to promote public access to official information and protect personal information. Compliance with the Data Protection Legislation is enforced by the Information Commissioner.
9.Internal Audit: a department within General Counsel.
10.Personal Data: information which relates to a living individual who can be directly identified from either the information itself, or by combining the information with other data available to TfL. Personal Data includes expressions of opinion and indications of intention, as well as factual information.
11.Personal Data Breach: the loss, theft, inappropriate use or unauthorised disclosure of Personal Data.
12.Personal Information Custodians: senior managers, who are responsible for the Processing of Personal Data within their assigned area of control.
13.Privacy and Data Protection Team: a business unit within the Information Governance department of General Counsel.
14.Privacy Risk: that part of TfL's overall risk portfolio which relates to the, integrity, availability and confidentiality of Personal Data.
15.Processing/Processed: includes collecting, recording, storing, retrieving, transmitting, amending or altering, disclosing, deleting, archiving and destroying Personal Data.
16.TfL Personnel: includes all TfL employees as well as all temporary staff, contractors, consultants and any third parties with whom special arrangements (such as Data Processor, confidentiality or non-disclosure agreements) have been made.
17.Transport for London (TfL): the statutory corporation and its operating subsidiaries.

Organisational scope

18.This policy applies to all TfL Personnel and to all Personal Data Processed by TfL at any time, by any means and in any format.

Policy statement

19.TfL will:
(a)Comply with Data Protection Legislation and adhere to the eight Data Protection Principles, as described in the Annex to this policy
(b)Comply with the statutory requirement to maintain accurate entries on the Information Commissioner's public register of Data Controllers which describes the purposes for which Personal Data is processed
(c)Comply with all other relevant legal requirements which apply to its processing of Personal Data, including:
i.The Human Rights Act 1998 and the requirement to act in a way which is compatible with the right to respect for private and family life in the European Convention of Human Rights and Fundamental Freedoms
ii.The Privacy and Electronic Communications (EC Directive) Regulations 2003
iii.The common law duty of confidence
(d)Adhere to the requirements set out in the following standards, policies and guidance in order to support its compliance with Data Protection Legislation:
i.The Information Commissioner's guidance documents and Codes of Practice
ii.The Payment Card Industry Data Security Standard (PCI DSS)
iii.TfL's Policy on the Disclosure of Personal Data to the Police and other Statutory Law Enforcement Agencies
iv.TfL's Information and Records Management Policy
v.TfL's Information Security Policy
vi.TfL's Code of Conduct
(e)Implement appropriate structures, systems and processes to manage all Personal Data fairly and lawfully and in a way that ensures its integrity, accuracy, relevance and security
(f)Be open and transparent about how Personal Data is Processed, providing clear privacy notices at the point at which it is collected, with access to additional supporting information provided via the TfL website
(g)Ensure that its procurement processes and contractual arrangements with external service providers include adequate measures to ensure compliance with the Data Protection Principles and associated requirements outlined in this policy
(h)Approach the identification, control, mitigation and elimination of Privacy Risk in the same way as financial and operational risk. This will be reflected in corporate and local risk registers
(i)Give customers an opportunity to opt in to receiving future marketing communications at the point at which their Personal Data is first collected; and within any marketing communications, provide a simple and transparent process to unsubscribe
(j)Ensure that requests from customers to change the use of their data for the purposes of marketing and/or the provision of service updates will be acted on promptly
(k)Install and use Closed Circuit Television (CCTV) and similar equipment, in accordance with the requirements of the Information Commissioner's Surveillance Camera Code of Practice and the Home Office Surveillance Camera Code of Practice
(l)Not disclose Personal Data to third parties except where disclosures are permitted by, or required by, law
(m)Label Personal Data in accordance with its Information Security Classification Standard for protectively marking Information
(n)Ensure that any complaint about TfL's processing of Personal Data or non-compliance with this policy will be passed to the Privacy and Data Protection Team. The complaint will be dealt with promptly and in accordance with TfL's Privacy and Data Protection Complaints Handling Procedure
(o)Require all TfL employees directly involved in the Processing of Personal Data to complete appropriate training on an annual basis
(p)View serious or repeated breaches of this Policy by a TfL employee as misconduct which will be managed and resolved in accordance with relevant disciplinary policies and procedures

Responsibility for privacy and data protection compliance

20.All TfL Personnel are responsible for actively supporting compliance with this policy and should only process Personal Data for legitimate business purposes directly related to the performance of their duties.
21.Personal Information Custodians are responsible for:
(a)Ensuring that TfL Personnel within their area of control are aware of this policy and are adequately trained in the handling of Personal Data
(b)The assessment and reporting of Privacy Risk linked to the Processing of Personal Data within their area of control
(c)Ensuring that Privacy Impact Assessments are carried out as part of the development and implementation of any new business process or IT system which is to be used to Process Personal Data
(d)Implementing appropriate procedures to ensure compliance with restrictions on the Processing of Personal Data within their area of control
22.The Privacy and Data Protection Team is responsible for:
(a)Providing advice and guidance on the implementation and interpretation of this Policy and/or Data Protection Legislation
(b)Promoting and enforcing compliance with this Policy, Data Protection Legislation and any other related statutory, common law or regulatory requirements which apply to TfL
(c)Investigating and resolving complaints about TfL's non-compliance with Data Protection Legislation and/or this Policy
(d)Liaising with the Information Commissioner's Office on any matter relating to TfL's compliance with Data Protection Legislation and/or this Policy
(e)Maintaining TfL's entries on the Information Commissioner's public register of Data Controllers
23.All TfL Personnel are responsible for reporting actual or suspected Personal Data Breaches to CSIRT so that they can coordinate TfL's response and help to implement any required remedial actions. CSIRT will notify the Privacy and Data Protection Team and Internal Audit of any such Personal Data Breach and keep them informed during its management and resolution.
24.CSIRT is responsible for advising the business on the technical measures and controls required to protect the security and integrity of Personal Data Processed by TfL using electronic information and communications systems.
25.Internal Audit is responsible for auditing the business processes, operating procedures and working practices of TfL and its service providers which involve the Processing of Personal Data, for the purposes of monitoring compliance with this policy and alerting the Privacy and Data Protection Team to any instances of non-compliance.

Procedures/Guidelines/Processes

26.This policy will be supported by corporate instructions and guidance published via the TfL Management System.

Approval and amendments

27.This policy was first approved by the Commissioner and TfL leadership team on 22 March 2010.
28.A number of updates to the policy were approved by the Commissioner and TfL Executive Committee on 17 March 2016.
29.This policy will be subject to periodic review as considered appropriate by General Counsel.

Policy owner

30.TfL's General Counsel is the designated owner of this policy.

Annex: The Data Protection Principles (Data Protection Act 1998, Schedule 1)

1.Personal data should be processed fairly and lawfully.

TfL will use Personal Data both fairly and lawfully. In any circumstance in which individuals provide TfL with their Personal Data for the first time, or for a new purpose, they will be informed of the identity of the Data Controller, the use to which their data will be put and whether any disclosure may be made to third parties.

This is known as a Privacy Notice and any such wording must be approved by the Privacy and Data Protection Team.

2.Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

TfL will only process Personal Data for the purpose(s) which the Data Subject was previously informed of and it will not be used for any other purpose that is incompatible with the original purpose(s).

3.Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

TfL will ensure that only the minimum Personal Data necessary for the purpose is processed and will not collect or hold Personal Data solely on the basis that it might be useful in the future. There should always be a legitimate business reason for the Processing of Personal Data linked to a specific ongoing purpose.

4.Personal data shall be accurate and, where necessary, kept up to date.

This Principle covers the integrity of Personal Data. Data will be inaccurate where it is incorrect or misleading as to any matters of fact.
There must be processes in place to maintain the quality of data capture at the point data is first collected or obtained by TfL, and to accurately amend, update or correct Personal Data.

5.Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

Business areas must ensure that Personal Data is securely destroyed once the purpose(s) for processing the Personal Data has come to an end; and there is no legal requirement or valid business/operational reason for its continued retention.

6.Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act 1998.

These rights are to:
(a)Gain access to their data
(b)Seek compensation for substantial damage or distress caused by their data not being processed in accordance with the Act
(c)Prevent their data being processed in certain circumstances
(d)'Opt out' of having their data used for direct marketing at any time
(e)Have automated decisions reconsidered
Requests from Data Subjects to access their Personal Data will be managed in accordance with the Information Commissioner's Subject Access Code of Practice.

7.Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

TfL's standard contractual clauses on data protection must be used in any circumstances where Processing of Personal Data on behalf of TfL is carried out by a service provider or other third party.
The Privacy and Data Protection Team must be consulted in the early stages of any project or proposed change to a business process that has any significant implications for the Processing of Personal Data.
Personal Data will be managed in accordance with TfL's Information Security Policy.
TfL Personnel must report any actual or suspected incident, which either has or is likely to, result in the loss, theft, unauthorised disclosure, accidental destruction or other compromise of Personal Data directly to CSIRT.

8.Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

TfL will comply with the restrictions in the Data Protection Act 1998 on the transfer of Personal Data outside the European Economic Area (which consists of the 28 member states of the European Union plus Norway, Iceland and Lichtenstein). The Privacy and Data Protection Team must be consulted in advance of any such transfers being undertaken or agreed.

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