DATA PROTECTION POLICY

ELEMENT PICTURES LIMITED

(“ELEMENT” which expression includes its

successors in title, licensees and assigns)

TABLE OF CONTENTS

  1. Introduction.
  2. Scope.
  3. Personal Data protection principles.
  4. Lawfulness, fairness, transparency.
  5. Purpose limitation.
  6. Data minimisation.
  7. Accuracy.
  8. Storage limitation.
  9. Security integrity and confidentiality.
  10. Transfer limitation.
  11. Data Subject’s rights and requests.
  12. Accountability.

APPENDIX 1 GLOSSARY OF TERMS USED IN THIS DATA PROTECTION POLICY.

  1. Introduction
    • This Data Protection Policy sets out how Element Pictures Limited, (“we”, “our”, “us”, “Element”) handle the Personal Data of our customers, suppliers, employees, workers and other third parties.

  • This Data Protection Policy applies to all Element Personnel (“you”, “your”). You must read, understand and comply with this Data Protection Policy when Processing Personal Data on our behalf and attend training on its requirements where requested. This Data Protection Policy sets out what we expect from you in order for Element to comply with applicable law. Your compliance with this Data Protection Policy is mandatory. Any breach of this Data Protection Policy may result in disciplinary action.

  • This Data Protection Policy is an internal document and cannot be shared with third parties or regulators without prior authorisation from the Information Officer.

  • We used defined terms in this Data Protection Policy. The meaning of these defined terms is set out in the Glossary of Terms which is attached as Appendix 1 to this Data Protection Policy.
  1. Scope
    • We recognise that the correct and lawful treatment of Personal Data will maintain confidence in our organisation and will provide for successful operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. Element is exposed to significant regulatory sanction and enforcement action for any failure to comply with the provisions of the GDPR.

  • The Information Officer is responsible for overseeing this Data Protection Policy and, as applicable, developing related policies and privacy guidelines. You can contact the Information Officer at markbyrne@elementpictures.ie.

  • Please contact the Information Officer with any questions about the operation of this Data Protection Policy or the GDPR or if you have any concerns that this Data Protection Policy is not being or has not been followed. In particular, you must always contact the Information Officer in the following circumstances:
    • if you are unsure of the lawful basis on which you are relying to Process Personal Data (see Section 1 below);
    • if you need to rely on Consent and/or need to capture Explicit Consent (see Section 2 below;
    • if you need to draft Privacy Statements (see Section 3 below);
    • if you are unsure about the retention period for the Personal Data being Processed (see Section 8 below);
    • if you are unsure about what security or other measures you need to implement to protect Personal Data (see Section 1 below);
    • if there has been a Personal Data Breach (see Section 2 below);
    • if you are unsure on what basis to transfer Personal Data outside the EEA (see Section 10 below);
    • if you need any assistance dealing with any rights invoked by a Data Subject (see Section 11);
    • whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA (see Section 5 below) or plan to use Personal Data for purposes others than that for which they were collected;
    • If you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making (see Section 6 below);
    • If you need help complying with applicable law when communicating marketing information (see Section 7 below); or
    • if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our service providers (Data Processors)) (see Section 8 below).
  1. Personal Data protection principles
    • We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:
      • Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
      • Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
      • Adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed (Data Minimisation).
      • Accurate and where necessary kept up to date (Accuracy).
      • Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data are Processed (Storage Limitation).
      • Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
      • Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
      • Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).
    • We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
  2. Lawfulness, fairness, transparency
    • Lawfulness and fairness
      • Personal Data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
      • You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing, but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.
      • The GDPR allows Processing for specific purposes, some of which are set out below:
        • the Processing is necessary for the performance of a contract with the Data Subject;
        • to comply with our legal obligations, including our legal obligations under contracts with public authorities;
        • the Data Subject has given his or her Consent;
        • to protect the Data Subject’s vital interests.
      • We must identify and document the legal ground being relied on for each Processing activity. Note that for most of our activities in our day-to-day business operations, the legal basis for our Processing will be under (a), (b) or (c) above.
    • Consent
      • A Data Controller must only Process Personal Data on the basis of one or more of the lawful bases set out in the GDPR, which include Consent (if applicable). In this part of the Policy, we explain the concept of Consent in some more detail.
      • A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters.
      • Data Subjects must be able to withdraw Consent to Processing easily at any time and withdrawal must be honoured promptly. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
      • Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Sensitive Personal Data, for Automated Decision-Making and for cross border data transfers. Usually we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Sensitive Personal Data. Where Explicit Consent is required, you must issue a Privacy Statement to the Data Subject to capture Explicit Consent.
      • We need to evidence Consent captured and keep records of all Consents so that Element can demonstrate compliance with Consent requirements.
    • Transparency (notifying data subjects)
      • The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from the Data Subjects or from elsewhere. Such transparency information must be provided through appropriate Privacy Statements which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
      • Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we must provide the Data Subjects with all the information required by the GDPR including the identity of the Data Controller, how and why we will use, Process, disclose, protect and retain those Personal Data through an appropriate Privacy Statement which must be presented when the Data Subject first provides the Personal Data.
      • When Personal Data are collected indirectly (for example, from a third party or publicly available source), we must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data.
      • You must also check that the Personal Data were collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of those Personal Data.
  1. Purpose limitation
    • Personal Data must be collected only for specified, explicit and legitimate purposes. They must not be further Processed in any manner incompatible with those purposes.

  • You cannot use Personal Data for new, different or incompatible purposes from that disclosed when they were first obtained unless you have informed the Data Subject of the new purposes and they have consented where necessary.

  • Under the GDPR, Processing of Personal Data (including Sensitive Personal Data/Special Category Data) for a purpose other than the purpose for which the Personal Data have been collected will be lawful to the extent that the Processing is necessary and proportionate for certain purposes, including: for preventing, detecting, investigating or prosecuting criminal offences; and for providing or obtaining legal advice; or in connection with legal claims or legal proceedings or where the Processing is otherwise necessary for establishing, exercising or defending legal rights.
  1. Data minimisation
    • Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed.

  • You may only Process Personal Data when performing your job duties requires it. You may not Process Personal Data for any reason unrelated to your job duties.

  • You may only collect Personal Data that you require for your job duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.

  • You must ensure that when Personal Data are no longer needed for specified purposes, they are deleted or anonymised.
  1. Accuracy
    • Personal Data must be accurate and, where necessary, kept up to date. They must be corrected or deleted without delay when inaccurate.

  • You will ensure that the Personal Data we use and hold are accurate, complete, kept up-to-date and relevant to the purpose for which we collected them. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
  1. Storage limitation
    • Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data are Processed.

  • You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business/operational purpose or purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.

  • We will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require. This includes requiring third parties to delete such data where applicable.
  1. Security integrity and confidentiality
    • Protecting Personal Data
      • Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
      • We have and will continue to develop, implement and maintain safeguards appropriate to our size, scope and functions, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data.
      • You have an important role in protecting the Personal Data we hold. You must help us in complying with the reasonable and appropriate security measures we have put in place against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must be careful in your Personal Data handling activities and you must at all times be conscious of the security of the Personal Data, including in relation to your colleagues or co-workers who have no need to assess or use the Personal Data. You must exercise particular care in protecting Sensitive Personal Data from loss and unauthorised access, use or disclosure.
      • You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who agree to put adequate measures in place, as requested.
      • You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
        • Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access them.
        • Integrity means that Personal Data are accurate and suitable for the purpose for which they are Processed.
        • Availability means that authorised users are able to access the Personal Data when they need to for authorised purposes.
      • You must comply with all applicable aspects of our IT security features and comply with and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in order to protect Personal Data.
    • Reporting a Personal Data Breach
      • The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable data protection supervisory authority (which for Element is the Information Commissioner’s Office), and, in certain instances, the Data Subject.
      • If you know or suspect that a Personal Data Breach has occurred, please immediately contact your manager, the Information Officer and if necessary the IT Manager. You should preserve all evidence relating to the potential Personal Data Breach.
  1. Transfer limitation
    • The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access those data in or to a different country or where you permit third parties to do so.

  • We may only transfer Personal Data outside the EEA if one of the following conditions applies:
    • the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ rights and freedoms;
    • appropriate safeguards are in place such as standard contractual clauses (“SCCs”) approved by the European Commission, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the Information Officer;
    • the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
    • the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.
  1. Data Subject’s rights and requests
    • Data Subjects have rights when it comes to how we handle their Personal Data. These include rights under certain circumstances to:
      • withdraw Consent to Processing at any time (if Consent is our legal basis for Processing);
      • receive certain information about the Data Controller’s Processing activities;
      • request access to their Personal Data that we hold;
      • have inaccurate Personal Data corrected;
      • prevent our use of their Personal Data for marketing communications;
      • ask us to erase Personal Data if they are no longer necessary in relation to the purposes for which they were collected or Processed or to rectify inaccurate data or to complete incomplete data;
      • restrict Processing;
      • challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
      • request a copy of an agreement under which Personal Data are transferred outside of the EEA;
      • object to decisions based solely on Automated Processing, including profiling (ADM);
      • prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
      • be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
      • make a complaint to the supervisory authority; and
      • receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine readable format (data portability).
    • You must verify the identity of an individual making the request. NB: do not allow third parties to persuade you to disclose Personal Data without proper authorisation.

  • You must immediately forward any Data Subject request you receive to the Information Officer.
  1. Accountability
    • The Data Controller must implement appropriate technical and organisational measures in an effective manner to ensure compliance with data protection principles. The Data Controller is responsible for and must be able to demonstrate, compliance with the data protection principles.

  • Element must have adequate resources and controls in place to ensure and to document GDPR compliance including:
    • appointing a suitably qualified DPO, if applicable;
    • implementing Privacy by Design and Privacy by Default when Processing Personal Data, and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
    • integrating data protection into internal documents including this Data Protection Policy and Privacy Statements;
    • regularly training Element Personnel on the GDPR, this Data Protection Policy, and data protection matters including, for example, Data Subjects’ rights, Consent, legal basis, DPIA and Personal Data Breaches. Element must maintain a record of training attendance by Element Personnel; and
    • regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
  • Record keeping
    • The GDPR requires us to keep full and accurate records of all our data Processing activities.
    • We must keep and maintain accurate corporate records reflecting our Processing, including (where relevant) records of Data Subjects’ Consents and procedures for obtaining Consents.
    • These records should include, at a minimum, our name and contact details (as Data Controller) and the Information Officer, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data transfers, the Personal Data’s retention period and a description of the security measures in place.
  • Training and audit
    • We are required to ensure all Element Personnel have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and Processes to assess compliance.
    • You must undergo all mandatory data privacy related training and ensure that your team undergo similar mandatory training.
    • You must regularly review all the systems and Processes under your control to ensure they comply with this Data Protection Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.
  • Privacy By Design, Privacy by Default and Data Protection Impact Assessment (DPIA)
    • We are required to implement Privacy by Design and Privacy by Default measures when Processing Personal Data by implementing appropriate technical and organisational measures (like data minimisation, Pseudonymisation, turning off tools that allow collection or other Processing of optional Personal Data) in an effective manner, to ensure compliance with data privacy principles.
    • You must assess what Privacy by Design and Privacy by Default measures can be implemented on all programs/systems/Processes that Process Personal Data by taking into account the following:
      • the state of the art;
      • the cost of implementation;
      • the nature, scope, context and purposes of Processing; and
      • the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.
    • Data Controllers must also conduct DPIAs in respect to high risk Processing.
    • You should conduct a DPIA (and discuss your findings with the Information Officer) when implementing major system or business change programs involving the Processing of Personal Data including:
      • use of new technologies (programs, systems or Processes), or changing technologies (programs, systems or Processes);
      • Automated Processing including profiling and ADM;
      • large scale Processing of Sensitive Data; and
      • large scale, systematic monitoring of a publicly accessible area.
    • A DPIA must include:
      • a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate;
      • an assessment of the necessity and proportionality of the Processing in relation to its purpose;
      • an assessment of the risk to individuals; and
      • the risk mitigation measures in place and demonstration of compliance.
    • You must consult with the Infomration Officer in relation to conducting any DPIA or when implementing Privacy by Design or Privacy by Default measures.
  • Automated Processing (including profiling) and Automated Decision-Making
    • Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
      • a Data Subject has Explicitly Consented;
      • the Processing is authorised by law; or
      • the Processing is necessary for the performance of or entering into a contract.
    • If certain types of Sensitive Data are being Processed, then grounds (b) or (c) will not be allowed but such Sensitive Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.
    • If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed of their right to object when you first communicate with them. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject’s rights and freedoms and legitimate interests.
    • We must also inform the Data Subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the Data Subject the right to request human intervention, express their point of view or challenge the decision.
    • A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.
    • Where you are involved in any Processing activity that proposes to involve profiling or ADM, you must consult with the Information Officer before engaging or activating such profiling or ADM.
  • Marketing communications
    • We are subject to certain rules and privacy laws when sending marketing communications to individuals.
    • For example, a Data Subject’s prior Consent is required for electronic direct marketing (for example, sending marketing messages by email, text or automated calls).
    • The limited exceptions to this requirement for Consent are:
      • for existing customers/subscribers, we can use “soft opt in”, under the ePrivacy Regulations 2011, which allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale/transaction/subscription to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message;
      • for business contacts (where the email address or e.g. mobile number that we use to contact the person is clearly a business address/number), we can use “soft opt-in” under the ePrivacy Regulations 2011.
    • The right to object to marketing communications must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.
    • A Data Subject’s objection to marketing communications must be promptly honoured. If an individual opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
  • Sharing Personal Data
    • Generally, we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place, or where we have a legal obligation to do so.
    • You may only share the Personal Data we hold with another employee/colleague, or employee of one of our service providers, or any other person, if we have a legal basis for the sharing, and the recipient has a job-related need to know the information, and the transfer complies with any applicable cross-border transfer restrictions.
    • You may only share the Personal Data we hold with third parties, such as our service providers if:
      • they have a need to know the information for the purposes of providing the contracted services;
      • sharing the Personal Data complies with the Privacy Statement provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;
      • (if the recipient third party is our Data Processor) the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
      • the transfer complies with any applicable cross border transfer restrictions; and
      • (if the recipient third party is our Data Processor) a fully executed written contract that contains GDPR approved third party clauses has been obtained.
  1. Changes to this Data Protection Policy
    • We reserve the right to change this Data Protection Policy at any time without notice to you so please check back regularly to obtain the latest copy of this Data Protection Policy.

  • This Data Protection Policy does not override the GDPR or any applicable national data privacy laws and regulations.

 

Appendix 1

Glossary of terms used in this Data Protection Policy

  • Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
  • Automated Processing: any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.
  • Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them.
  • Data Controller: the person or organisation that determines when, why and how to Process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to Element Personnel and Personal Data used in our organisation including of Personal Data of customers and other Personal Data which are Processed to fulfil our public service contract obligations.
  • Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.
  • Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data Processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.
  • Information Officer: the person whom we have appointed to take ownership of GDPR compliance internally and to be Element’s point of contact for data protection matters.
  • European Economic Area (EEA): the member countries of the EU, plus Iceland, Liechtenstein and Norway.
  • Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
  • General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU) 2016/679). Personal Data are subject to the legal safeguards specified in the GDPR.
  • Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from those data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that have had the identity of an individual permanently and irrevocably removed. Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
  • Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect them. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
  • Privacy by Default: implementing appropriate technical and organisational measures in an effective manner, as defaults into our Personal Data Processing activities, to ensure compliance with the GDPR.
  • Privacy by Design: implementing appropriate technical and organisational measures in an effective manner, by designing them into our systems and Processes, to ensure compliance with the GDPR.
  • Privacy Statements (also referred to as Transparency Notices): separate notices setting out information that may be provided to Data Subjects when Element collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee Privacy Statements) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.
  • Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying them. Processing also includes transmitting or transferring Personal Data to third parties.
  • Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person to whom the data relates cannot be identified without the use of additional information which is meant to be kept separately and secure.
  • Sensitive Personal Data or Special Category Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.
  • Element Personnel: all employees, workers, contractors, agency workers, consultants, directors, members and others of Element.