In its everyday business operations, Institute for Supply Management, Inc.® (ISM®) makes use of a variety of data about identifiable individuals, including data about:
In collecting and using this data, the organization is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps Institute for Supply Management is taking to ensure that it complies with it.
This control applies to all systems, people and processes that constitute the organization’s information systems, including board members, directors, employees, suppliers and other third parties who have access to ISM’s systems and data.
The following policies and procedures are relevant to this document:
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that Institute for Supply Management carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is Institute for Supply Management’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that Institute for Supply Management carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is Institute for Supply Management’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
There are a number of fundamental principles upon which the GDPR is based.
These are as follows:
1. Personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organizational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) 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 organizational measures (‘integrity and confidentiality’).
2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Institute for Supply Management will ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.
The data subject also has rights under the GDPR. These consist of:
Each of these rights are supported by appropriate procedures within Institute for Supply Management that allow the required action to be taken within the timescales stated in the GDPR.
These timescales are shown in Table 1.
| Data Subject Request | Timescale |
|---|---|
| The right to be informed | When data is collected (if supplied by data subject) or within one month (if not supplied by data subject) |
| The right of access | One month |
| The right to rectification | One month |
| The right to erasure | Without undue delay |
| The right to restrict processing | Without undue delay |
| The right to data portability | One month |
| The right to object | On receipt of objection |
| Rights in relation to automated decision making and profiling. | Not specified |
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that Institute for Supply Management carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is Institute for Supply Management’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
Institute for Supply Management has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.
The data protection impact assessment will include:
Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.
Institute for Supply Management will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR. For more information, see the GDPR Controller-Processor Agreement Policy.
Transfers of personal data outside the European Union will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.
Intra-group international data transfers will be subject to legally binding agreements referred to as Binding Corporate Rules (BCR) which provide enforceable rights for data subjects.
ISM does not currently have any offices within the EU; however, this could apply to data collected in it’s Shanghai office and transmitted to ISM’s corporate office.
A defined role of Data Protection Officer (DPO) is required under the GDPR if an organization is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Based on these criteria, Institute for Supply Management does not require a Data Protection Officer to be appointed.
It is Institute for Supply Management’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours following the knowledge of the incident and pursuant to legal and technical guidance. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security incidents.
Under the GDPR the relevant DPA has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is the higher, for infringements of the regulations.
The following actions are undertaken to ensure that Institute for Supply Management complies at all times with the accountability principle of the GDPR:
These actions are reviewed on a regular basis as part of the management process concerned with data protection.
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