1. Overview

2020 Data Lab processes and manages data on behalf of car park management companies. When collecting the data specified in this policy, we are the Data Processor. Our clients are the Data Controllers to whom we report.

2. Statement of intent

2020 Data Lab is required to keep and process certain information about both its employees and any other personal information accessible as part of its day to day business in accordance with its legal obligations under the General Data Protection Regulation (GDPR).

This policy outlines how the Company complies with the following core principles of the GDPR.

Organisational methods for keeping data secure are imperative, and 2020 Data Lab believes that it is good practice to keep clear practical policies, backed up by written procedures.

This policy has been produced in line with the General Data Protection Regulation 2016 and the Data Protection Act 2018. This policy was last updated on 31st January 2019.

3. Legal framework

This policy has due regard to legislation, including, but not limited to the following:

  • The General Data Protection Regulation (GDPR)
  • The Freedom of Information Act 2000
  • The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004

  • This policy will also have regard to the following guidance:
  • Information Commissioner’s Office (2017) ‘Overview of the General Data Protection Regulation (GDPR)
  • Information Commissioner’s Office (2017) ‘Preparing for the General Data Protection Regulation (GDPR) 12 steps to take now’
  • 4. Applicable data

    For the purpose of this policy, personal data refers to information that relates to an identifiable, living individual, including information such as an online identifier, such as an IP address or a Vehicle Registration Mark (VRM) which can be linked to an individual. The GDPR applies to both automated personal data and to manual filing systems, where personal data is accessible according to specific criteria, as well as to chronologically ordered data and pseudonymised data, e.g. key-coded or encrypted data. Sensitive personal data is referred to in the GDPR as ‘special categories of personal data’, which include the processing of genetic data, biometric data and data concerning health matters.

  • What data do we collect?
    When you use a client car park, we collect and process data comprising of images of vehicles using the car park and/or the Vehicle Registration Mark (VRM). This information is shared securely with our client, the car park operator. If the contractual parking terms and conditions are breached, a Parking Charge Notice will be issued by our client. We do not collect or have access to vehicle keeper records.
  • How do we collect data?
    Images of vehicles and VRMs are collected via ANPR cameras. On some sites, CCTV cameras are additionally used to monitor the movement of motorists once they have left their vehicles. All video output is automatically anonymised i.e. personal data is redacted, before any operator is able to view this output and even then, it is only anonymised recordings flagged as potentials breaches that are accessible.
  • 5. Principles

    In accordance with the requirements outlined in the GDPR, personal data will be:

  • Lawfully, fairly and in a transparent manner in relation to individuals.
  • Collected for specified, explicit and legitimate business purposes and not further processed in a manner that is incompatible with those purposes.
  • Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
  • Accurate and, where necessary, kept up-to-date; every reasonable step is taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay.
  • Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed.
  • Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
  • The GDPR also requires that “the controller shall be responsible for, and able to demonstrate, compliance with the principles”.

    For the avoidance of any doubt, the Company operates its day to day business as the Data Processor acting on behalf of the Car Park Operator (the Data Controller). However, the Company takes the processing of personal data very seriously and therefore acts under the principle that all data should be treated as if the Company were the Data Controller

    6. Accountability

  • 2020 Data Lab will implement appropriate technical and organisational measures to demonstrate that data is processed in line with the principles set out in the GDPR.
  • The Board of Directors will provide a comprehensive, clear and transparent privacy policy.

  • Records of activities relating to higher risk processing will be maintained, such as the processing of special categories data or that in relation to criminal convictions and offences.

  • Internal records of processing activities will include the following:
  • Name and details of the organisation
  • Purpose(s) of the processing
  • Description of the categories of individuals and personal data
  • Retention schedules
  • Categories of recipients of personal data
  • Description of technical and organisational security measures
  • Details of transfers to third countries, including documentation of the transfer mechanism safeguards in place
  • The Company will implement measures that meet the principles of data protection by design and data protection by default, such as:

  • Data minimisation.
  • Anonymisation.
  • Pseudonymisation.
  • Transparency.
  • Allowing individuals to monitor processing.
  • Continuously creating and improving security features.
  • Data protection impact assessments will be used, where appropriate.

    7. Data protection officer (DPO)

    A DPO will be appointed in order to:

  • Inform and advise the Board of Directors and its employees about their obligations to comply with the GDPR and other data protection laws.
  • Monitor the Company’s compliance with the GDPR and other laws, including managing internal data protection activities, advising on data protection impact assessments, conducting internal audits, and providing the required training to staff members.
  • An existing employee will be appointed to the role of DPO provided that their duties are compatible with the duties of the DPO and do not lead to a conflict of interests.

    The individual appointed as DPO will have professional experience and knowledge of data protection law, particularly that in relation to camera surveillance.

    The DPO will report to the highest level of management at the Company, which is the Board of Directors. The DPO will operate independently and will not be dismissed or penalised for performing their task. Sufficient resources will be provided to the DPO to enable them to meet their GDPR obligations.

    The DPO appointee may change from time to time. If there is any doubt over how to communicate with the DPO, an email should be sent to info@2020datalab.com for further details.

    8. Lawful processing

    The legal bases for processing business data has been identified and documented within separate documention. Under the GDPR, business transaction data will be lawfully processed under the following conditions:

  • Processing is necessary for:
  • For the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject. In the case of the Company’s day to day transactions, the legitimate interest is to ensure car parks are only used by customers.
  • For the performance of a contract with the data subject or to take steps to enter into a contract. In the case of the Company’s day to day transactions, a contract is entered into when a vehicle parks in a car park where data is operated by 2020 Data Lab acting as the subcontractor to the Car Park Operator. The vehicle driver has entered into a direct contract with the Car Park Operator. The Company fulfils its part of the subcontracted down contract as Data Processor on behalf of the Car Park Operator.
  • Under these lawful bases, 2020 Data Lab collects and processes data on behalf of the Car Park Operators (Data Controller) and then shares applicable infringement data with the Data Controller.

    9. The right to be informed

    The privacy notice supplied to individuals in regards to the processing of their personal data will be written in clear, plain language which is concise, transparent, easily accessible and free of charge.

    As subcontractor to and Data Processor of the Car Park Operator (“the Data Controller”), the Company will fully cooperate with the Car Park Operator in any privacy notice request.

    In relation to data obtained both directly from the data subject e.g. employee details and not obtained directly from the data subject e.g. VRMs, the following information will be supplied within the collection of data for the privacy notice:

  • The identity and contact details of the controller, and where applicable, the controller’s representative and the DPO.
  • The purpose of, and the legal basis for, processing the data.
  • The legitimate interests of the controller or third party.
  • Any recipient or categories of recipients of the personal data.
  • Details of transfers to third countries and the safeguards in place.
  • The retention period of criteria used to determine the retention period.
  • The existence of the data subject’s rights, including the right to:
  • Withdraw consent at any time. Note that consent is not one of the lawful bases that 2020 Data Lab considers as its legal basis for processing data as part of its day to day business of processing data for the identification of Penalty Charge Notices.
  • Lodge a complaint with a supervisory authority.
  • The existence of automated decision making, including profiling, how decisions are made, the significance of the process and the consequences.
  • Where data is obtained directly from the data subject, information regarding whether the provision of personal data is part of a statutory or contractual requirement and the details of the categories of personal data, as well as any possible consequences of failing to provide the personal data, will be provided.

    Where data is not obtained directly from the data subject, information regarding the source the personal data originates from and whether it came from publicly accessible sources, will be provided.

    For data obtained directly from the data subject, this information will be supplied at the time the data is obtained.

    In relation to data that is not obtained directly from the data subject, this information will be supplied:

  • Within 30 days of having obtained the data.
  • If disclosure to another recipient is envisaged, at the latest, before the data are disclosed.
  • If the data are used to communicate with the individual, at the latest, when the first communication takes place.
  • 10. The right of access

    Individuals have the right to obtain confirmation that their data is being processed.

    Individuals have the right to submit a subject access request (SAR) to gain access to their personal data in order to verify the lawfulness of the processing.

    Within the Company’s business activities, 2020 Data Lab acting as Data Processor will fully support the Data Controller for any SAR.

    The Company will verify the identity of the person making the request before any information is supplied.

    A copy of the information will be supplied to the individual free of charge; however, the Company may impose a ‘reasonable fee’ to comply with requests for further copies of the same information.

    Where a SAR has been made electronically, the information will be provided in a commonly used electronic format.

    Where a request is manifestly unfounded, excessive or repetitive, a reasonable fee will be charged. All fees will be based on the administrative cost of providing the information.

    All requests will be responded to without delay and at the latest, within 30 days of receipt.

    In the event of numerous or complex requests, the period of compliance will be extended by a further two months. The individual will be informed of this extension and will receive an explanation of why the extension is necessary, within one month of the receipt of the request.

    Where a request is manifestly unfounded or excessive, the Company holds the right to refuse to respond to the request. The individual will be informed of this decision and the reasoning behind it, as well as their right to complain to the supervisory authority and to a judicial remedy, within one month of the refusal.

    In the event that a large quantity of information is being processed about an individual, the Company will ask the individual to specify the precise information the request is in relation to.

    11. The right to rectification

    Individuals are entitled to have any inaccurate or incomplete personal data rectified.

    Where the personal data in question has been disclosed to third parties, the Company will inform them of the rectification where possible.

    Where appropriate, the Company will inform the individual about the third parties that the data has been disclosed to.

    Requests for rectification will be responded to within one month; this will be extended by two months where the request for rectification is complex.

    Where no action is being taken in response to a request for rectification, the Company will explain the reason for this to the individual and will inform them of their right to complain to the supervisory authority and to a judicial remedy.

    12. The right to erasure

    Individuals hold the right to request the deletion or removal of personal data where there is no compelling reason for its continued processing.

    Individuals have the right to erasure in the following circumstances:

  • Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed
  • When the individual withdraws their consent (note that within the day to day business, the Company (acting as subcontractor to the Car Park Operator) does not consider “consent” to be one of the lawful bases it relies on for processing data)
  • When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing
  • The personal data was unlawfully processed
  • The personal data is required to be erased in order to comply with a legal obligation
  • The Company has the right to refuse a request for erasure where the personal data is being processed for the following reasons:

  • To exercise the right of freedom of expression and information
  • Data is used to supply evidence for a contractual contravention e.g. Parking Charge Notice
  • To comply with a legal obligation for the performance of a public interest task or exercise of official authority
  • For public health purposes in the public interest
  • For archiving purposes in the public interest, scientific research, historical research or statistical purposes
  • The exercise or defence of legal claims
  • Where personal data has been disclosed to third parties, they will be informed about the erasure of the personal data, unless it is impossible or involves disproportionate effort to do so.

    Where personal data has been made public within an online environment, the Company will inform other organisations who process the personal data to erase links to and copies of the personal data in question.

    13. The right to object

    The Company will inform individuals of their right to object at the first point of communication, and this information will be outlined in the privacy notice and explicitly brought to the attention of the data subject, ensuring that it is presented clearly and separately from any other information.

    Individuals have the right to object to the following:

  • Processing based on legitimate interests or the performance of a task in the public interest
  • Direct marketing
  • Processing for purposes of scientific or historical research and statistics.
  • Where personal data is processed for the performance of a legal task or legitimate interests:

  • An individual’s grounds for objecting must relate to his or her particular situation.
  • The Company will stop processing the individual’s personal data unless the processing is for the establishment, exercise or defence of legal claims, or, where the Company can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual. For the avoidance of any doubt, the Company has documented this conclusion in relation to processing data to raise Parking Charge Notices separately.
  • Where personal data is processed for direct marketing purposes:

  • The Company will stop processing personal data for direct marketing purposes as soon as an objection is received.
  • The Company cannot refuse an individual’s objection regarding data that is being processed for direct marketing purposes.
  • Where personal data is processed for research purposes:

  • The individual must have grounds relating to their particular situation in order to exercise their right to object.
  • Where the processing of personal data is necessary for the performance of a public interest task, the Company is not required to comply with an objection to the processing of the data.
  • Where the processing activity is outlined above, but is carried out online, the Company will offer a method for individuals to object online.

    14. Privacy by design and privacy impact assessments

    The Company will act in accordance with the GDPR by adopting a privacy by design approach and implementing technical and organisational measures which demonstrate how the Company has considered and integrated data protection into processing activities.

    Data protection impact assessments (DPIAs) will be used to identify the most effective method of complying with the Company’s data protection obligations and meeting individuals’ expectations of privacy.

    DPIAs will allow the Company to identify and resolve problems at an early stage, thus reducing associated costs and preventing damage from being caused to the Company’s reputation which might otherwise occur.

    A DPIA will be used when using new technologies or when the processing is likely to result in a high risk to the rights and freedoms of individuals.

    A DPIA will be used for more than one project, where necessary. High risk processing includes, but is not limited to, the following:

  • Systematic and extensive processing activities, such as profiling
  • Large scale processing of special categories of data or personal data which is in relation to criminal convictions or offences
  • The Company will ensure that all DPIAs include the following information:

  • A description of the processing operations and the purposes
  • An assessment of the necessity and proportionality of the processing in relation to the purpose
  • An outline of the risks to individuals
  • The measures implemented in order to address risk
  • Where a DPIA indicates high risk data processing, the Company will consult the ICO to seek its opinion as to whether the processing operation complies with the GDPR.

    15. Data breaches

    The term ‘personal data breach’ refers to a breach of security which has led to the destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

    The Principal will ensure that all staff members are made aware of, and understand, what constitutes as a data breach as part of their continuous development training.

    Where a breach is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed.

    All notifiable breaches will be reported to the relevant supervisory authority within 72 hours of the Company becoming aware of it.

    The risk of the breach having a detrimental effect on the individual, and the need to notify the relevant supervisory authority, will be assessed on a case-by-case basis.

    In the event that a breach is likely to result in a high risk to the rights and freedoms of an individual, the Company will notify those concerned directly.

    A ‘high risk’ breach means that the threshold for notifying the individual is higher than that for notifying the relevant supervisory authority.

    In the event that a breach is sufficiently serious, the public will be notified without undue delay.

    Effective and robust breach detection, investigation and internal reporting procedures are in place at the Company, which facilitate decision-making in relation to whether the relevant supervisory authority or the public need to be notified.

    Within a breach notification, the following information will be outlined:

  • The nature of the personal data breach, including the categories and approximate number of individuals and records concerned
  • The name and contact details of the DPO
  • An explanation of the likely consequences of the personal data breach
  • A description of the proposed measures to be taken to deal with the personal data breach
  • Where appropriate, a description of the measures taken to mitigate any possible adverse effects
  • 16. Data security

    Confidential paper records will be kept in a locked filing cabinet, drawer or safe, with restricted access.

    Confidential paper records will not be left unattended or in clear view anywhere with general access.

    Digital data is coded, encrypted or password-protected, both on a local hard drive and on a network drive that is regularly backed up off-site or stored on cloud which has its own password protected security design.

    Where data is saved on removable storage or a portable device, the device will be kept in a locked filing cabinet, drawer or safe when not in use.

    Memory sticks will not be used to hold personal information unless they are password-protected and fully encrypted.

    All electronic devices are password-protected to protect the information on the device in case of theft.

    All necessary members of staff are provided with their own secure login and password, and every computer regularly prompts users to change their password.

    Emails containing sensitive or confidential information are password-protected if there are unsecure servers between the sender and the recipient.

    Where personal information that could be considered private or confidential is taken off the premises, either in electronic or paper format, employees will take extra care to follow the same procedures for security, e.g. keeping devices under lock and key. The person taking the information from the Company premises accepts full responsibility for the security of the data.

    Before sharing data, all employees will ensure:

  • They are allowed to share it.
  • That adequate security is in place to protect it.
  • Who will receive the data has been outlined in a privacy notice.
  • Under no circumstances are visitors allowed access to confidential or personal information. Visitors to areas of the Company containing sensitive information are supervised at all times.

    The physical security of the Company’s buildings and storage systems, and access to them, is reviewed on a termly basis. If an increased risk in vandalism/burglary/theft is identified, extra measures to secure data storage will be put in place.

    2020 Data Lab takes its duties under the GDPR seriously and any unauthorised disclosure may result in disciplinary action.

    The Data Protection Officer is responsible for continuity and recovery measures are in place to ensure the security of protected data.

    17. Data retention

    Data will not be kept for longer than is strictly necessary. Unrequired data will be deleted as soon as practicable.

    Paper documents will be shredded or pulped, and electronic memories scrubbed clean or destroyed, once the data should no longer be retained.

    The Company maintains a separate Data Retention Policy