ScaleinAfrica Limited

Data Protection Policy

LIST OF ABBREVIATIONS

DPCO – Data Protection Compliance Organisation 

DPIA – Data Protection Impact Assessment

DPO – Data Protection Officer

GDPR – General Data Protection Regulation 

NITDA – National Information Technology Development Agency

NDPR – General Data Protection Regulation 

• Introduction

• Background to the NDPR

The NDPR was issued by the NITDA in furtherance of the National Information Technology Development Agency Act 2007 to protect the privacy of Nigerians and to ensure that Personal Data is not processed without their knowledge and consent (wherever possible). 

• Definitions

Authorised Party – means any individual or company authorised by Scalein to engage in any service which will involve the processing of Personal Data. 

Board – the Board of Directors of Scalein which will include the management of Scalein where the context allows.

Data Breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed. There is an obligation on the Controller to report Personal Data breaches to the supervisory authority and where the breach is likely to adversely affect the Personal Data or privacy of the Data Subject.

Data Controller/Controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data of Nigerians.

Data Subject – any living individual who is the subject of Personal Data held by an organisation.

Data Subject consent – means any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by clear affirmative action, signifies agreement to the processing of Personal Data.

Management – means the top management of Scalein.

Scalein – means ScaleinAfrica Limited, a private company limited by shares with registration number 1827703. 

Personal Data/Data – any information relating to an identified or identifiable natural person; an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing – any operation or set of operations which is performed on Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Data Processor/Processor – any company or individual who is engaged to Process Personal Data on behalf of the Controller.  

Profiling – is any form of automated processing of Personal Data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the Data Subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.

Sensitive Personal Data – means Personal Data revealing racial or ethnic origin, financial details, political opinions, religious or philosophical beliefs, trade-union membership, genetic data and biometric data, data concerning health or sexual orientation.

Subject Access Request Procedure – means the procedure for Data Subject to access the Personal Data which is in the possession of Scalein.

Staff – means any individual under employment with Scalein or any engaged contractor. 

Third-Party – a natural or legal person, public authority, agency or body other than the Data Subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process Personal Data.

• Purpose and Scope

The purpose of this Policy is to create a data processing procedure and system that complies strictly with the NDPR. This Policy has been designed to assist all departments of Scalein to perform their duties in line with the NDPR. 

The main objective is to ensure thorough processing of Personal Data of Data Subjects in line with the objectives of the NDPR. The DPO shall be responsible for the general cycle of data processing of Scalein.

All staff are required to strictly adhere to the rules outlined herein.

 

• Policy Statement

 

1. Scalein is a Controller and/or Processor under the NDPR (as the case may be).

2. The Board is committed to protecting the privacy of the Data Subjects and complying with all relevant data protection laws.

3. Strict compliance with this policy is required alongside other relevant policies such as the Information Security Policy. 

4. This policy shall govern the processing of Personal Data by Scalein, including the processing of data of customers, Staff, partners, and contractors, and any other Personal Data the organisation processes from any source.

5. This policy applies to all Staff and any breach of this policy shall be treated as gross misconduct. Where the act of the defaulting staff also results in a criminal offence, the offence shall be reported as soon as possible to the appropriate authorities. 

6. Authorised Parties who have or may have access to Personal Data, should be expected to have read, understood and must agree to comply with this Policy as it affects them. No third party may access Personal Data held by Scalein without having first entered into a data confidentiality agreement or, which will:

   1. imposes on the third party obligations which Scalein is committed to, 

   2. gives Scalein the right to audit compliance with the agreement; and 

   3. compel the third party to indemnify Scalein in the event of any Data Breach through the fault of the third party. 

• Responsibilities and Roles Under the NDPR

• Management/Board

1. 1. The Management shall also be directly responsible for the implementation of this policy.

   2. The Management shall be responsible for developing and encouraging good information handling practices within Scalein with responsibilities are set out in individual job descriptions.

   3. The Management shall appoint a DPO who shall be of the senior management team. The DPO must be, in the opinion of the Board, suitably qualified and experienced and shall be appointed to take responsibility for Scalein’s compliance with this policy on a day-to-day basis.

   4. The Management shall engage a DPCO to conduct an audit of its privacy and data protection practices annually and ensure that it is filed with NITDA before the official deadline for each year. 

• DPO

1. 1. The DPO shall be accountable to the Board of Scalein for the management of Personal Data within Scalein and for ensuring compliance with this Policy, the data protection regulations and good ethical practice 

   2. The DPO shall have direct responsibility for ensuring that all the Departments engaged in data processing that takes place within their area of responsibility.

   3. This DPO shall submit a report to the Board quarterly which shall state:

• development and implementation of the NDPR as required by this policy; and 

• security and risk management in relation to compliance with the policy.

1. The DPO shall be responsible for procedures under the NDPR such as the Subject Access Request Procedure and are the first point of call for the Staff seeking clarification on any aspect of data protection compliance.

2. Where necessary, the DPO shall organise specific training and awareness in relation to specific roles for the Staff generally.

• Staff 

1. 1. Compliance with this policy shall be the responsibility of all Staff of Scalein who process or come in contact with Personal Data by the virtue of their employment or contract.

 

1. Staff are responsible for ensuring that any Personal Data about them and supplied by them to Scalein is accurate and up-to-date.

• Data Protection Principles

 

All processing of Personal Data must be conducted in accordance with the data protection principles contained in this Policy. Scalein’s policies and procedures shall be designed to ensure compliance with the principles.

• Personal Data must be processed lawfully and transparently

Lawful – you must identify a lawful basis before you can process Personal Data. 

Transparently – the NDPR includes rules on giving privacy information to Data Subjects in Section 9. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. The information must be communicated to the Data Subject in an intelligible form using clear and plain language. 

 

1. All Personal Data of Customers shall be obtained with the consent of the Customer and the consent must be recorded. 

 

1. Where it is economically inconvenient to obtain the consent of the Data Subject, the DPO shall ensure that the data is obtained in furtherance of any of the following:

• performance of a contract with the Data Subject;

• complying with any legal obligation on Scalein;

• performing a task in the interest of the public;

 

1. Notwithstanding the above, no sensitive Personal Data shall be processed except with the consent of the Data Subject.

 

1. Where a Data Subject request for any information on the processing of the Personal Data either through a Data Subjects Request Procedure or otherwise, the specific information that shall be provided to the Data Subject and the report shall include the following:

• the identity and the contact details of Scalein (where Scalein is the Controller) and any of the Scalein representative;

• the contact details of the DPO

• the purposes of the processing for which the Personal Data are intended as well as the legal basis for the processing;

• the period for which the Personal Data will be stored;

• the existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;

• the categories of Personal Data concerned;

• the recipients or categories of recipients of the Personal Data, where applicable;

• where applicable, that the controller intends to transfer Personal Data to a recipient in a foreign country and the level of protection afforded to the data;

• any further information necessary to guarantee fair processing.

 

1. 1. Where Scalein operates as a Processor under any agreement with a third party and a Data Subject request for any information on the processing of the Personal Data, the DPO shall 

• notify the Controller of the request of the Customer; and 

• notify the Data Subject of the position of Scalein as the Processor and provide the Data Subject of the details of the Controller. 

• Personal Data can only be collected for specific, explicit and legitimate purposes 

1. 1. Personal Data obtained for specified purposes must not be used for a purpose that differs from those originally collected for

   2. Where the Personal Data is required to process any other purpose other than the purpose it was collected for, the DPO or the staff shall attempt to obtain the consent of the Data Subject or process it with other lawful bases (where it is economically impossible to obtain the consent).

• Personal Data must be adequate, relevant and limited to what is necessary for processing 

 

1. The DPO is responsible for ensuring that Scalein does not collect information that is not strictly necessary for the purpose for which it is obtained.

 

1. All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must include a link to Scalein’s privacy statement and must be approved by the DPO before use. 

2. The DPO will ensure that on an annual basis all data collection methods are reviewed by internal audits/external audits to ensure that collected data continues to be adequate, relevant and not excessive.

• Personal Data must be accurate and kept up to date with every effort to erase or rectify without delay 

1. 1. Personal Data that is stored by Scalein must be reviewed and updated as necessary. No Personal Data should be kept unless it is reasonable to assume that it is accurate. 

   2. The DPO is responsible for ensuring that all staff are trained on the importance of collecting accurate data and maintaining it. 

   3. It is also the responsibility of the Company to ensure that data held by Scalein is accurate and up to date. Completion of a registration or application form by a Data Subject will include a statement that the data contained therein is accurate at the date of submission. 

   4. Staff, customers and other Data Subject should be required to notify Scalein of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of Scalein to ensure that any notification regarding change of circumstances is recorded and acted upon. 

   5. The DPO is responsible for ensuring that appropriate procedures and policies are in place to keep Personal Data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors. 

   6. On an annual basis, the DPO will review the retention dates of all the Personal Data processed by Scalein, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose.  This data will be securely deleted/destroyed in line with the relevant policy.

   7. The DPO is responsible for responding to requests for rectification from Data Subjects within twenty-four calendar days (Subject Access Request Procedure). This can be extended for an additional twenty days for complex requests but after the Data Subject has been informed of the delay and the reason. Where DPO decides not to comply with the request, the DPO must respond to the Data Subject to explain the reasoning and inform them of their right to complain to the supervisory authority or seek a judicial remedy. 

   8. Where third-party organisations may have been passed inaccurate or out-of-date Personal Data, the DPO is responsible for informing the third-party that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction of the Personal Data to the third party where this is required.

• Personal Data must be kept in a form such that the Data Subject can be identified only as long as is necessary for processing.

1. 1. Where Personal Data is retained beyond the processing date, it will be minimised, encrypted or pseudonymised in order to protect the identity of the Data Subject in the event of a data breach.

   2. Personal Data will be retained in line with the Retention of Records Procedure and, once its retention date is passed, it must be securely destroyed as set out in this procedure.

   3. The DPO must specifically approve in writing any data retention that exceeds the retention periods defined in Retention of Records Procedure and must ensure that the justification is clearly identified and in line with the requirements of the data protection regulation. 

• Personal Data must be processed in a manner that ensures the appropriate security 

1. 1. The DPO will carry out a risk assessment where any department introduces a new service, product or procedure, taking into account all the circumstances of Scalein’s controlling or processing operations.

   2. In determining appropriateness, the DPO should also consider the extent of possible damage or loss that might be caused to individuals if a security breach occurs, the effect of any security breach on Scalein, and any likely reputational damage including the possible loss of customer trust.

   3. When assessing appropriate technical measures, the DPO will consider the following:

• Password protection;

• Automatic locking of idle terminals;

• Removal of access rights for USB and other memory media;

• Virus checking software and firewalls;

• Role-based access rights including those assigned to temporary Staff;

• Encryption of devices that leave the organisations premises such as laptops;

• Security of local and wide area networks;

• Privacy-enhancing technologies such as pseudonymisation and anonymisation;

• Identifying appropriate international security standards relevant to Scalein.

 

1. 1. When assessing appropriate organisational measures the DPO will consider the following:

• the appropriate training levels throughout Scalein;

• measures that consider the reliability of employees (such as references etc.);

• the inclusion of data protection in employment contracts;

• identification of disciplinary action measures for data breaches;

• monitoring of staff for compliance with relevant security standards;

• physical access controls to electronic and paper-based records;

• adoption of a clear desk policy;

• storing of paper-based data in lockable fire-proof cabinets;

• restricting the use of portable electronic devices outside of the workplace;

• restricting the use of employee’s personal devices being used in the workplace;

• adopting clear rules about passwords;

• making regular backups of Personal Data and storing the media off-site;

• the imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data to foreign countries. 

 

1. These controls have been selected based on identified risks to Personal Data, and the potential for damage or distress to Data Subjects.

• The Controller must be able to demonstrate compliance with the NDPR’s other principles (accountability)

 

1. The accountability principle in Section 2.1 (3) requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility.

2. The Scalein will implement data protection policies, technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.

• Data Subjects’ rights

 

1. Data Subjects have the following rights as it relates to the record of Personal Data and its processing to:

   1. withdraw their consent at any time;

   2. make Data Subject Access Requests regarding the nature of information held and to whom it has been disclosed;

   3. prevent processing likely to cause damage or distress;

   4. prevent processing for purposes of direct marketing.

   5. be informed about the mechanics of the automated decision-making process that will significantly affect them.

   6. not have significant decisions that will affect them taken solely by an automated process.

   7. sue for compensation if they suffer damage by any contravention of the NDPR.

   8. take action to rectify, block, erased their Personal Data which includes their right to be forgotten, or to destroy inaccurate data. 

   9. request the supervisory authority to assess whether any provision of the NDPR has been contravened. 

   10. have Personal Data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.

   11. object to any automated profiling that is occurring without consent. 

 

1. Scalein will ensure that Data Subjects can exercise their rights.

   1. Data Subjects may make data access requests as described in the Subject Access Request Procedure; this procedure also describes how Scalein will ensure that its response to the data access request as provided in this Policy. 

   2. Scalein will provide a procedure for Data Subjects to complain about the processing of their Personal Data, the handling of a Data Subject Access Request and appeals on how complaints have been handled in the Complaints Procedure.

• Consent

 

1. Consent will mean explicitly and freely given affirmation which is a specific, informed and unambiguous indication of the Data Subject’s wishes either by a statement or by clear affirmative action, and their agreement to the processing of the Personal Data relating to them.

2. There must be some active communication from the Data Subject to demonstrating active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate and record the consent that was obtained for the processing operation.

3. Where Scalein provides online services to children, parental or custodial authorisation must be obtained. This requirement applies to children under the age of 16.

• Security of data

 

1. 1. All Staff are responsible for ensuring that any Personal Data in the possession of Scalein, is kept securely and is not, under any conditions, disclosed to any third party without written authorization of the DPO. 

   2. The DPO shall not issue any authorization unless the third party has been specifically authorised by Scalein to receive that information and has entered into a confidentiality agreement that conforms with the requirements of this Policy.

   3. All Personal Data should only be made accessible to Staff who need to use it, and access may only be granted in line with the Access Control Policy. All Personal Data should be treated with the highest security and must be kept:

• in a lockable room with controlled access;

• in a locked drawer or filing cabinet; 

• if computerised, encrypted and password protected in line with corporate requirements in the Access Control Policy; or

1. 1. stored on (removable) computer media which are encrypted. 

 

1. Personal Data may only be deleted or disposed of in line with the Retention of Records Procedure. Manual records that have reached their retention date are to be shredded and disposed of as confidential waste. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal.

2. Processing of Personal Data out of office presents a potentially greater risk of loss, theft or damage to Personal Data. Staff must be specifically authorised to process data out of office.

• Disclosure of data

 

1. Scalein must ensure that Personal Data is not disclosed to unauthorised third parties which includes family members, friends, and government bodies. All Staff should exercise caution when asked to disclose Personal Data to a third party and must not disclose the Personal Data without written authorization from the DPO. 

2. Scalein shall consider whether the disclosure of any Personal Data is relevant to, and necessary for, the conduct of Scalein’s business

3. Where any unauthorised disclosure of Personal Data to a third party has been discovered:

   1. the Staff who discovered the unauthorised disclosure should immediately notify the DPO;

   2. the DPO should investigate the claim and prepare a report on the claim of the unauthorised breach to the Management within 12 hours;

   3. the Management will consider the report of the DPO and where the Management is convinced that there has been a breach, should file a report to NITDA within 48 hours. 

• Retention and disposal of data

 

1. Scalein shall not keep Personal Data in a form that permits identification of Data Subjects than is necessary, in relation to the purpose(s) for which the data was originally collected. 

2. Scalein may store Personal Data for longer periods if the Data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the Data Subject.

3. The retention period for each category of Personal Data will be set out in the Retention of Records Procedure along with the criteria used to determine this period including any statutory obligations Scalein has to retain the Data. 

4. Scalein’s Retention of Records Procedures will apply in all cases.

5. Personal Data must be disposed of securely in accordance with the principle of data security – processed in an appropriate manner to maintain security, thereby protecting the rights and privacy of Data Subjects. Any disposal of data will be done in accordance with the secure disposal procedure contained in this Policy.

• Data transfers

 

1. Scalein may not export Personal Data to any foreign country unless there is an appropriate level of protection for the rights of the Data Subjects. 

2. Scalein may only transfer Data to a third party in a foreign country on the occurrence of any of the following:

   1. Where Scalein has adopted an approved binding corporate rule with the third party;

   2. Where Scalein has adopted approved model contract clauses for the transfer of Data to the third party; or

   3. the Data Subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the Data Subject due to the absence of an adequacy decision and appropriate safeguards.

• Information asset register/data inventory

1. 1. 1. Scalein has established a data inventory and data flow process as part of its approach to addressing risks and opportunities throughout its NDPR compliance project. Scalein’s data inventory and data flow determine:

• business processes that use Personal Data;

• source of Personal Data; 

• the volume of Data Subjects;

• description of each item of Personal Data;

• processing activity;

• maintains the inventory of data categories of Personal Data processed; 

• documents the purpose(s) for which each category of Personal Data is used;

• recipients, and potential recipients, of the Personal Data;

• the role of the Scalein throughout the data flow;

• key systems and repositories;

• any data transfers; and

• all retention and disposal requirements. 

 

1. Scalein is aware of any risks associated with the processing of particular types of Personal Data.

   1. Scalein assesses the level of risk to individuals associated with the processing of their Personal Data. DPIA Procedure is carried out in relation to the processing of Data by Scalein or processing by third parties on behalf of Scalein. 

   2. Scalein shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.

   3. Where a type of processing involving the use of new technologies (and taking into account the nature, scope, context and purposes of the processing) is likely to result in a high risk to the privacy of the Data Subject, Scalein shall, prior to the processing, carry out a DPIA on the proposed processing operations. A single DPIA may address a set of similar processing operations that present similar high risks.

   4. Where, as a result of a DPIA it is clear that Scalein is about to commence processing of Personal Data that could cause damage and/or distress to the Data Subjects, the decision as to whether or not Scalein may proceed must be escalated for review to the Department Head. 

   5. The DPO shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of Data concerned, escalate the matter to the Management.

   6. Appropriate controls will be selected and applied to reduce the level of risk associated with processing Data to an acceptable level. 

 

This Policy was approved by the Board of Directors on [date].

 

Signature: Date: