1. STATEMENT OF POLICY
MAG is fully committed to compliance with the requirements of the General Data Protection Regulation (GDPR), the Data Protection Act 1998 and any successor legislation, including legislation resulting from the UK leaving the EU (“Brexit”) (together, the “data protection legislation”).
MAG is committed to a policy of protecting the rights and freedoms of individuals with respect to the processing of their personal data and special category personal data.
MAG follows procedures which aim to ensure that all employees and third parties engaged by MAG, and others who have access to any personal data held by or on behalf of MAG, are fully aware of and responsible for the handling of personal data in line with the data protection legislation.
To operate efficiently, MAG collects and uses information about people with whom it works. These may include current, past, and prospective clients; current, past, and prospective employees; current past, and prospective third parties with whom MAG have agreements and MAG suppliers.
Data protection legislation and in particular Article 5 (1) of the GDPR requires that personal data shall be used in accordance with the following principles:
a) processed lawfully, fairly and in a transparent manner in relation to individuals.
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, insurance, regulatory or statistical purposes shall not be incompatible with the initial purposes.
c) adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.
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.
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, insurance, regulatory or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals.
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 organisational measures.”
Article 5 (2) of the GDPR requires that:
“The controller shall be responsible for, and be able to demonstrate, compliance with the principles.”
Lawful basis for processing personal data and special category personal data under the data protection legislation
Insurance involves the use and disclosure of personal data by various insurance market participants such as intermediaries, insurers, and reinsurers. MAG is an insurance market participant in the London Insurance Market. For more information on how the London Insurance Market operates, the kind of data that is collected and from where and who it may be needed by and for those purposes, please contact us.
MAG processes personal data under the following lawful basis:
Contract: the processing is necessary for a contract MAG has with the individual, or because they have asked MAG to take specific steps before entering a contract either with MAG or other parties as part of insurance arrangements or to the fulfilment of obligations in relation to the contract.
Legitimate interests: the processing is necessary for legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
Legal obligations: the processing of information in relation to insurance contracts for Clients and employees and their employment at MAG which may include but is not limited to any Regulatory requirements.
Where MAG requires special category personal data, explicit consent is requested as the lawful basis for processing the personal data.
Automated Decision Making
The MAG Portal bases its quotes and policies on automated decision making. The decision is based on the rates imposed by the Lloyd’s Underwriters and according to the declarations made by the Client on the proposal form. This decision may be referred to MAG should the Quote/Policy require special acceptance, or the limits entered are not within the Underwriters’ agreed rates or at the Client’s request for a review.
2. HANDLING OF PERSONAL DATA AND SPECIAL CATEGORY PERSONAL DATA
Through appropriate management and the use of appropriate controls, MAG adheres to the following about the use of personal data and special category personal data:
· Provide up to data privacy notices to data subjects.
· Collect and process appropriate information and only to the extent that it is needed to fulfil operational needs or to comply with legal requirements.
· Ensure the quality and accuracy of information when collected or received and during its use.
· Apply checks to determine the length of time information is retained.
· Take appropriate technical and organisational security measures based on risks to data subjects.
· Not transfer outside the EEA without suitable safeguards.
· Ensure that any information incidents are reported to MAG’s Privacy Officer and where appropriate the data subject and the Information Commissioner’s Office.
· Mitigate risks to the data subjects in the event of an information incident using an appropriate data breach policy.
· Ensure that the rights of our data subjects can be properly exercised.
These rights include:
· The right to be informed.
· The right of access.
· The right to rectification.
· The right to erase.
· The right to restrict processing.
· The right to data portability.
· The right to object.
· Rights in relation to automated decision making and profiling.
In addition, MAG ensures that:
· There is someone with specific responsibility for data protection in the organisation. The post responsible for data protection is MAG’s Privacy Officer.
· Organisational information, and in particular privacy risks, are risk assessed, documented, and controlled.
· Everyone managing and handling personal data and special category personal data understands that they are responsible for following good Information Governance/Assurance practice and for complying with the data protection legislation.
· Everyone managing and handling personal data and special category personal data is appropriately trained and supervised to do so.
· Queries about processing personal data and special category personal data are promptly and courteously dealt with within the requirements of the data protection legislation.
· Data sharing and processing is carried out under an appropriate written agreement, setting out the scope and limits of the sharing. Any disclosure of personal data compliance with approved procedures.
· All employees are to be made fully aware of this policy and their duties and responsibilities under it. All employees take steps to ensure that personal data is always kept secure against unauthorised or unlawful loss or disclosure.
-End of Data Protection Policy–