Data Protection Policy
SAUDIA is committed to conducting its business in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct.
This policy sets forth the expected behaviors of SAUDIA employees and Third Parties in relation to the collection, use, retention, transfer, disclosure, destruction and breach of any Personal Data belonging to a SAUDIA Contact (i.e. the Data Subject).
Personal Data is any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person. Personal Data is subject to certain legal safeguards and other regulations, which impose restrictions on how organizations may process Personal Data. An organization that handles Personal Data and makes decisions about its use is known as a Data Controller. SAUDIA, as a Data Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy. Non-compliance may expose SAUDIA to complaints, regulatory action, fines and/or reputational damage.
SAUDIA leadership is fully committed to ensuring continued and effective implementation of this policy and expects all SAUDIA Employees and Third Parties to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action in accordance with SAUDIA HR policies and procedures
This policy has been recommended by SAUDIA’s CEO.
This policy applies to all SAUDIA Entities where a Data Subject’s Personal Data is processed:
- In the context of the business activities of the SAUDIA Entity.
- For the provision or offer of goods or services to individuals (including those provided or offered free-of-charge) by a SAUDIA Entity.
- To actively monitor the behavior of individuals.
- Monitoring the behavior of individuals includes using data processing techniques such as persistent web browser cookies or dynamic IP address tracking to profile an individual with a view to: Taking a decision about them.
- Analyzing or predicting their personal preferences, behaviors and attitudes.
- As required by law, immigration, border force or any other government entity.
This policy applies to all Processing of Personal Data in electronic form (including electronic mail and documents created with word processing software) or where it is held in manual files that are structured in a way that allows ready access to information about individuals.
This policy has been designed to establish a worldwide baseline standard for the Processing and protection of Personal Data by all SAUDIA Entities. Where national law imposes a requirement, which is stricter than imposed by this policy, the requirements in national law must be followed. Furthermore, where national law imposes a requirement that is not addressed in this policy, the relevant national law must be adhered to.
If there are conflicting requirements in this policy and national law, please consult with Data Protection Officer for guidance.
The protection of Personal Data belonging to SAUDIA employees is not within the scope of this policy. It is covered in the SAUDIA ‘Data Protection for Employee Data’ policy.
|Employee||An individual who works part-time or full-time for SAUDIA under a contract of employment, whether oral or written, express or implied, and has recognized rights and duties. Includes temporary employees and independent contractors.|
|Third Party||An external organization with which SAUDIA conducts business and is also authorized to, under the direct authority of SAUDIA, Process the Personal Data of SAUDIA Data Subjects, Employees, Suppliers, Service Providers and Contractors etc.|
|Personal Data||Any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person.|
|Contact||Any past, current or prospective SAUDIA customer.|
|Identifiable Natural Person||Anyone 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.|
|Data Controller||A 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.|
|SAUDIA Entity||A SAUDIA establishment, including subsidiaries and joint ventures over which SAUDIA exercise management control.|
|Data Subject||The identified or Identifiable Natural Person to which the data refers.|
|Process, Processed, Processing||Any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means. Operations performed may include collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.|
|Data Protection||The process of safeguarding Personal Data from unauthorized or unlawful disclosure, access, alteration, Processing, transfer or destruction.|
|Data Protection Authority||An independent Public Authority responsible for monitoring the application of the relevant Data Protection regulation set forth in national law.|
|Data Processors||A natural or legal person, Public Authority, Agency or other body which Processes Personal Data on behalf of a Data Controller.|
|Consent||Any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to him or her.|
|Special Categories of Data||Personal Data pertaining to or revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sexual orientation; genetic data or biometric data.|
|Third Country||Any country not recognized as having an adequate level of legal protection for the rights and freedoms of Data Subjects in relation to the Processing of Personal Data.|
|Profiling||Any form of automated processing of Personal Data where Personal Data is used to evaluate specific or general characteristics relating to an Identifiable Natural Person. In particular to analyze or predict certain aspects concerning that natural person’s performance at work, economic situations, health, personal preferences, interests, reliability, behavior, location or movement.|
|Binding Corporate Rules||The Personal Data protection policies used for the transfer of Personal Data to one or more Third Countries within a group of undertakings, or group of enterprises engaged in a joint economic activity.|
|Personal Data Breach||A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.|
|Encryption||The process of converting information or data into code, to prevent unauthorized access.|
|Pseudonymisation||Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) without a “key” that allows the data to be re-identified.|
|Anonymisation||Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) by any means or by any person.|
Policy Dissemination & Enforcement
The management team of each SAUDIA Entity must ensure that all SAUDIA employees responsible for the Processing of Personal Data are aware of and comply with the contents of this policy.
In addition, each SAUDIA Entity will make sure all Third Parties engaged to Process Personal Data on their behalf (i.e. their Data Processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all Third Parties, whether companies or individuals, prior to granting them access to Personal Data controlled by SAUDIA.
Data Protection by Design
To ensure that all Data Protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing.
Each SAUDIA Entity must ensure that a Data Protection Impact Assessment (DPIA) is conducted, in cooperation with the Data Protection Officer, for all new and/or revised systems or processes for which it has responsibility. The subsequent findings of the DPIA must then be submitted to the Data Protection Officer for review and approval. Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate with the Data Controller to assess the impact of any new technology uses on the security of Personal Data.
To confirm that an adequate level of compliance that is being achieved by all SAUDIA Entities in relation to this policy, the Data Protection Officer will carry out an annual Data Protection Compliance Audit for all such Entities. Each audit will, as a minimum, assess:
- Compliance with Policy in relation to the protection of Personal Data, including:
- The assignment of responsibilities.
- Raising awareness.
- Training of Employees.
- The effectiveness of Data Protection related operational practices, including:
- Data Subject rights.
- Personal Data transfers.
- Personal Data incident management.
- Personal Data complaints handling.
- The level of understanding of Data Protection policies and Privacy Notices.
- The accuracy of Data Protection policies and Privacy Notices.
- The accuracy of Personal Data being stored.
- The conformity of Data Processor activities.
- The adequacy of procedures for redressing poor compliance and Personal Data Breaches.
The Data Controller with support from the Data Protection Officer, in cooperation with key business stakeholders from each SAUDIA Entity, will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable time frame. Any major deficiencies identified will be reported to and monitored by the SAUDIA Executive Management team.
Data Protection Principles
SAUDIA has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data:
- Principle 1: Lawfulness, Fairness and Transparency Personal Data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means, SAUDIA must tell the Data Subject what Processing will occur (transparency), the Processing must match the description given to the Data Subject (fairness), and it must be for one of the purposes specified in the applicable Data Protection regulation (lawfulness).
- Principle 2: Purpose Limitation Personal Data shall be collected for specified, explicit and legitimate purposes and not further Processed in a manner that is incompatible with those purposes. This means SAUDIA must specify exactly what the Personal Data collected will be used for and limit the Processing of that Personal Data to only what is necessary to meet the specified purpose.
- Principle 3: Data Minimization Personal Data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed. This means SAUDIA must not store any Personal Data beyond what is strictly required.
- Principle 4: Accuracy Personal Data shall be accurate and, kept up to date. This means SAUDIA must have in place processes for identifying and addressing out-of-date, incorrect and redundant Personal Data.
- Principle 5: Storage Limitation Personal Data shall be 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. This means SAUDIA must, wherever possible, store Personal Data in a way that limits or prevents identification of the Data Subject.
- Principle 6: Integrity & Confidentiality Personal Data shall be Processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorized or unlawful Processing, and against accidental loss, destruction or damage. SAUDIA must use appropriate technical and organizational measures to ensure the integrity and confidentiality of Personal Data is maintained at all times.
- Principle 7: Accountability The Data Controller shall be responsible for, and be able to demonstrate compliance. This means SAUDIA must demonstrate that the six Data Protection Principles (outlined above) are met for all Personal Data for which it is responsible.
Personal Data should be collected only from the Data Subject unless one of the following apply:
- The nature of the business purpose necessitates collection of the Personal Data from other persons or bodies.
- The collection must be carried out under emergency circumstances in order to protect the vital interests of the Data Subject or to prevent serious loss or injury to another person.
If Personal Data is collected from someone other than the Data Subject, the Data Subject must be informed of the collection unless one of the following apply:
- The Data Subject has received the required information by other means.
- The information must remain confidential due to a professional secrecy obligation.
- A national law expressly provides for the collection, Processing or transfer of the Personal Data.
Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:
- One calendar month from the first collection or recording of the Personal Data.
- At the time of first communication if used for communication with the Data Subject.
- At the time of disclosure if disclosed to another recipient.
Data Subject Consent
Each SAUDIA Entity will obtain Personal Data only by lawful and fair means and, where appropriate with the knowledge and Consent of the individual concerned. Where a need exists to request and receive the Consent of an individual prior to the collection, use or disclosure of their Personal Data, SAUDIA is committed to seeking such Consent.
The Data Protection Officer, in cooperation with Data Controller, Data Processor(s), and other relevant business representatives, shall establish a system for obtaining and documenting Data Subject Consent for the collection, Processing, and/or transfer of their Personal Data. The system must include provisions for:
- Determining what disclosures should be made in order to obtain valid Consent.
- Ensuring the request for consent is presented in a manner which is clearly distinguishable from any other matters, is made in an intelligible and easily accessible form, and uses clear and plain language.
- Ensuring the Consent is freely given (i.e. is not based on a contract that is conditional to the Processing of Personal Data that is unnecessary for the performance of that contract).
- Documenting the date, method and content of the disclosures made, as well as the validity, scope, and volition of the Consents given.
- Providing a simple method for a Data Subject to withdraw their Consent at any time.
Data Subject Notification
Each SAUDIA Entity will, when required by applicable law, contract, or where it considers that it is reasonably appropriate to do so, provide Data Subjects with information as to the purpose of the Processing of their Personal Data.
When the Data Subject is asked to give Consent to the Processing of Personal Data and when any Personal Data is collected from the Data Subject, all appropriate disclosures2 will be made, in a manner that draws attention to them, unless one of the following apply:
- The Data Subject already has the information.
- A legal exemption applies to the requirements for disclosure and/or Consent.
The disclosures may be given orally, electronically or in writing. If given orally, the person making the disclosures should use a suitable script or form approved in advance by the Data Protection Officer. The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.
External Privacy Notices
Lawfulness of processing
SAUDIA will only process personal data in accordance with Article 6 (Lawfulness of Processing). All processing undertaken by SAUDIA will be in line with the reasons for processing stated in Article 6(1), See Appendix A.
SAUDIA uses the Personal Data of its employees and customers for the following broad purposes:
- The general running and business administration of SAUDIA Entities.
- To provide services to SAUDIA customers.
- The ongoing administration and management of customer services.
- To share with immigration, border control authorities / or their appointed agencies whenever required.
The use of a Contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a Contact’s expectations that their details will be used by SAUDIA to respond to a Contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that SAUDIA would then provide their details to Third Parties for marketing purposes.
Each SAUDIA Entity will Process Personal Data in accordance with all applicable laws and applicable contractual obligations. More specifically, SAUDIA will not Process Personal Data unless at least one of the following requirements are met:
- The Data Subject has given Consent to the Processing of their Personal Data for one or more specific purposes.
- Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract.
- Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.
- Processing is necessary in order to protect the vital interests of the Data Subject or of another natural person.
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.
- Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a Third Party (except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject, in particular where the Data Subject is a child).
There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original purpose for which the Personal Data was collected. When making a determination as to the compatibility of the new reason for Processing, guidance and approval must be obtained from the Data Controller before any such Processing may commence.
In any circumstance where Consent has not been gained for the specific Processing in question, SAUDIA will address the following additional conditions to determine the fairness and transparency of any Processing beyond the original purpose for which the Personal Data was collected:
- Any link between the purpose for which the Personal Data was collected and the reasons for intended further Processing.
- The context in which the Personal Data has been collected, in particular regarding the relationship between Data Subject and the Data Controller.
- The nature of the Personal Data, in particular whether Special Categories of Data are being Processed, or whether Personal Data related to criminal convictions and offences are being Processed.
- The possible consequences of the intended further Processing for the Data Subject.
- The existence of appropriate safeguards pertaining to further Processing, which may include Encryption, Anonymisation or Pseudonymisation.
Special Categories of Data
SAUDIA will only Process Special Categories of Data (also known as sensitive data) where the Data Subject expressly consents to such Processing or where one of the following conditions apply:
- The Processing relates to Personal Data which has already been made public by the Data Subject.
- The Processing is necessary for the establishment, exercise or defense of legal claims.
- The Processing is specifically authorized or required by law.
- The Processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving consent.
- Further conditions, including limitations, based upon national law related to the Processing of genetic data, biometric data or data concerning health.
In any situation where Special Categories of Data are to be Processed, prior approval must be obtained from the Data Protection Officer and the basis for the Processing clearly recorded with the Personal Data in question.
Where Special Categories of Data are being Processed, SAUDIA will adopt additional protection measures. Each SAUDIA Entity may also adopt additional measures to address local custom or social expectation over the Processing of Special Categories of Data.
As a default, EU GDPR defines children as Data Subjects under the age of 16. But taking derogation into consideration this age can vary depending on the country of residence legal age of consent.
EU GDPR Article 8
Children are unable to Consent to the Processing of Personal Data for information society services. Consent must be sought from the person who holds parental responsibility over the child. However, it should be noted that where Processing is lawful under other grounds, Consent need not be obtained from the child or the holder of parental responsibility.
Should any SAUDIA Entity foresee a business need for obtaining parental consent for information society services offered directly to a child, guidance and approval must be obtained from the Data Protection Officer before any Processing of a child’s Personal Data may commence.
Each SAUDIA Entity will adopt all necessary measures to ensure that the Personal Data it collects, and Processes is complete and accurate in the first instance, and is updated to reflect the current situation of the Data Subject. The measures adopted by SAUDIA to ensure data quality include:
- Correcting Personal Data known to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the Data Subject does not request rectification.
- Keeping Personal Data only for the period necessary to satisfy the permitted uses or applicable statutory retention period.
- The removal of Personal Data if in violation of any of the Data Protection principles or if the Personal Data is no longer required.
- Restriction, rather than deletion of Personal Data, insofar as:
- a law prohibits erasure.
- erasure would impair legitimate interests of the Data Subject.
- the Data Subject disputes that their Personal Data is correct, and it cannot be clearly ascertained whether their information is correct or incorrect.
Profiling & Automated Decision-Making
SAUDIA will only engage in Profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the Data Subject or where it is authorized by law and / or where consent is obtained from the Data Subject.
Where a SAUDIA Entity utilizes Profiling and automated decision-making, this will be disclosed to the relevant Data Subjects. In such cases the Data Subject will be given the opportunity to:
- Express their point of view.
- Obtain an explanation for the automated decision.
- Review the logic used by the automated system.
- Supplement the automated system with additional data.
- Have a human carry out a review of the automated decision.
- Contest the automated decision.
- Object to the automated decision-making being carried out.
Each SAUDIA Entity must also ensure that all Profiling and automated decision-making relating to a Data Subject is based on accurate data.
As a general rule SAUDIA will not send promotional or direct marketing material to a SAUDIA Contact through digital channels such as mobile phones, e-mail and the Internet, without first obtaining their Consent. Any SAUDIA Entity wishing to carry out a digital marketing campaign without obtaining prior Consent from the Data Subject must first have it approved by the Data Protection Officer or the Data Controller.
Where Personal Data Processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data Processed for such purposes. If the Data Subject puts forward an objection, digital marketing related Processing of their Personal Data must cease immediately, and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted.
To ensure fair Processing, Personal Data will not be retained by SAUDIA for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.
The length of time for which SAUDIA Entities need to retain Personal Data is set out in the SAUDIA ‘Retention of Personal Data Policy’. This considers the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All Personal Data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.
Each SAUDIA Entity will adopt physical, technical, and organizational measures to ensure the security of Personal Data. This includes the prevention of loss or damage, unauthorized alteration, access or Processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment.
The minimum set of security measures to be adopted by each SAUDIA Entity is provided in the SAUDIA ‘Information Security Policy’. A summary of the Personal Data related security measures is provided below:
- Prevent unauthorized persons from gaining access to data processing systems in which Personal Data are Processed.
- Prevent persons entitled to use a data processing system from accessing Personal Data beyond their needs and authorizations.
- Ensure that Personal Data in the course of electronic transmission during transport cannot be read, copied, modified or removed without authorization.
- Ensure that access logs are in place to establish whether, and by whom, the Personal Data was entered into, modified on or removed from a data processing system.
- Ensure that in the case where Processing is carried out by a Data Processor, the data can be Processed only in accordance with the instructions of the Data Controller.
- Ensure that Personal Data is protected against undesired destruction or loss.
- Ensure that Personal Data collected for different purposes can and is Processed separately.
- Ensure that Personal Data is not kept longer than necessary.
Data Subject Requests
The Data Controller with support from the Data Protection Officer will establish a system to enable and facilitate the exercise of Data Subject rights related to:
- Information access.
- Objection to Processing.
- Objection to automated decision-making and profiling.
- Restriction of Processing.
- Data portability.
- Data rectification.
- Data erasure.
If an individual makes a request relating to any of the rights listed above, SAUDIA will consider each such request in accordance with all applicable Data Protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature.
Data Subjects are entitled to obtain, based upon a request made in writing to the Data Controller and upon successful verification of their identity, the following information about their own Personal Data:
- The purposes of the collection, Processing, use and storage of their Personal Data.
- The source(s) of the Personal Data, if it was not obtained from the Data Subject.
- The categories of Personal Data stored for the Data Subject.
- The recipients or categories of recipients to whom the Personal Data has been or may be transmitted, along with the location of those recipients.
- The envisaged period of storage for the Personal Data or the rationale for determining the storage period.
- The use of any automated decision-making, including Profiling.
- The right of the Data subject to:
- object to Processing of their Personal Data.
- lodge a complaint with the Data Protection Authority.
- request rectification or erasure of their Personal Data.
- request restriction of Processing of their Personal Data.
All requests received for access to or rectification of Personal Data must be directed to the Data Controller, who will log each request as it is received. A response to each request will be provided within 30 days of the receipt of the written request from the
Data Subject. Appropriate verification must confirm that the requestor is the Data Subject or their authorized legal representative.
Data Subjects shall have the right to require SAUDIA to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.
If SAUDIA cannot respond fully to the request within 30 days, the Data Controller shall nevertheless provide the following information to the Data Subject, or their authorized legal representative within the specified time:
- An acknowledgement of receipt of the request.
- Any information located to date.
- Details of any requested information or modifications which will not be provided to the Data Subject, the reason(s) for the refusal, and any procedures available for appealing the decision.
- An estimated date by which any remaining responses will be provided.
- An estimate of any costs to be paid by the Data Subject (e.g. where the request is excessive in nature).
- The name and contact information of the SAUDIA individual who the Data Subject should contact for follow up.
It should be noted that situations may arise where providing the information requested by a Data Subject would disclose Personal Data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights.
Detailed guidance for dealing with requests from Data Subjects can be found in the SAUDIA ‘Data Subject Request Handling Procedures’ document.
Law Enforcement Requests & Disclosures
In certain circumstances, it is permitted that Personal Data be shared without the knowledge or Consent of a Data Subject. This is the case where the disclosure of the Personal Data is necessary for any of the following purposes:
- The prevention or detection of crime.
- The apprehension or prosecution of offenders.
- The assessment or collection of a tax or duty.
- By the order of a court or by any rule of law.
If a SAUDIA Entity Processes Personal Data for one of these purposes, then it may apply an exception to the Processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question.
If any SAUDIA Entity receives a request from a court or any regulatory or law enforcement authority for information relating to a SAUDIA Contact, you must immediately notify SAUDIA Legal Team and the Data Protection Officer who will provide comprehensive guidance and assistance.
Data Protection Training
All SAUDIA Employees that have access to Personal Data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, each SAUDIA Entity will provide regular Data Protection training and procedural guidance for their staff.
The training and procedural guidance set forth will consist of, at a minimum, the following elements:
- The Data Protection Principles above.
- Each Employee’s duty to use and permit the use of Personal Data only by authorized persons and for authorized purposes.
- The need for, and proper use of, the forms and procedures adopted to implement this policy.
- The correct use of passwords, security tokens and other access mechanisms.
- The importance of limiting access to Personal Data, such as by using password protected screen savers and logging out when systems are not being attended by an authorized person.
- Securely storing manual files, print outs and electronic storage media.
- The need to obtain appropriate authorization and utilize appropriate safeguards for all transfers of Personal Data outside of the internal network and physical office premises.
- Proper disposal of Personal Data by using secure shredding facilities.
- Any special risks associated with particular departmental activities or duties.
SAUDIA Entities may transfer Personal Data to internal or Third Party recipients located in another country where that country is recognized as having an adequate level of legal protection7 for the rights and freedoms of the relevant Data Subjects. Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. Third Countries), they must be made in compliance with an approved transfer mechanism. This required a Binding Corporate Rule (BCR) that is approved by the Supervisory Authority.
SAUDIA Entities may only transfer Personal Data where one of the transfer scenarios listed below applies:
- The Data Subject has given Consent to the proposed transfer.
- The transfer is necessary for the performance of a contract with the Data Subject.
- The transfer is necessary for the implementation of pre-contractual measures taken in response to the Data Subject’s request.
- The transfer is necessary for the conclusion or performance of a contract concluded with a Third Party in the interest of the Data Subject.
- The transfer is legally required on important public interest grounds.
- The transfer is necessary for the establishment, exercise or defense of legal claims.
- The transfer is necessary in order to protect the vital interests of the Data Subject.
Transfers Between SAUDIA Entities
In order for SAUDIA to carry out its operations effectively across its various SAUDIA Entities, there may be occasions when it is necessary to transfer Personal Data from one SAUDIA Entity to another, or to allow access to the Personal Data from an overseas location. Should this occur, the SAUDIA Entity sending the Personal Data remains responsible for ensuring protection for that Personal Data.
SAUDIA handles the transfer of Personal Data between SAUDIA Entities, where the location of the recipient Entity is a Third Country, using the Binding Corporate Rules transfer mechanism. Binding Corporate Rules provide legally binding, enforceable rights on Data Subjects with regard to the Processing of their Personal Data and must be enforced by each approved SAUDIA Entity, including their Employees.
When transferring Personal Data to another SAUDIA Entity located in a Third Country, you must:
- Ensure that the recipient SAUDIA Entity is included on the approved list of SAUDIA Entities subject to the SAUDIA ‘Binding Corporate Rules Agreement’. The approved list is held and maintained by SAUDIA
- Only transfer the minimum amount of Personal Data necessary for the particular purpose of the transfer (for example, to fulfill a transaction or carry out a particular service).
- Ensure adequate security measures are used to protect the Personal Data during the transfer (including password-protection and Encryption, where necessary).
Transfers to Third Parties
Each SAUDIA Entity will only transfer Personal Data to, or allow access by, Third Parties when it is assured that the information will be Processed legitimately and protected appropriately by the recipient. Where Third Party Processing takes place, each SAUDIA Entity will first identify if, under applicable law, the Third Party is considered a Data Controller, or a Data Processor of the Personal Data being transferred.
Where the Third Party is deemed to be a Data Controller, the SAUDIA Entity will enter into, in cooperation with the Data Protection Officer, an appropriate agreement with the Controller to clarify each party’s responsibilities in respect to the Personal Data transferred.
Where the Third Party is deemed to be a Data Processor, the SAUDIA Entity will enter into, in cooperation with the Data Controller with support from the Data Protection Officer, an adequate Processing agreement with the Data Processor. The agreement must require the Data Processor to protect the Personal Data from further disclosure and to only Process Personal Data in compliance with SAUDIA instructions. In addition, the agreement will require the Data Processor to implement appropriate technical and organizational measures to protect the Personal Data as well as procedures for providing notification of Personal Data Breaches. SAUDIA should create a standard agreement to be used as a baseline template.
When a SAUDIA Entity is outsourcing services to a Third Party (including Cloud Computing services), they will identify whether the Third Party will Process Personal Data on its behalf and whether the outsourcing will entail any Third Country transfers of Personal Data. In either case, it will make sure to include, in cooperation with the Data Controller and Data Protection Officer, adequate provisions in the outsourcing agreement for such Processing and Third Country transfers. SAUDIA should create an outsourcing agreement that will be used as a standard template for such instances.
The Data Protection Officer shall conduct regular audits of Processing of Personal Data performed by Third Parties, especially in respect of technical and organizational measures they have in place. Any major deficiencies identified will be reported to and monitored by the SAUDIA Executive Management team.
To ensure the safe guard of Data Subjects, when transferring personal data between countries, you may transfer personal data where the organization receiving the personal data has provided adequate safeguards. Individuals’ rights must be enforceable and effective legal remedies for individuals must be available following the transfer.
Adequate safeguards may be provided for by:
- a legally binding agreement between public authorities or bodies;
- binding corporate rules (agreements governing transfers made between organizations within in a corporate group);
- standard data protection clauses in the form of template transfer clauses adopted by the Commission;
- standard data protection clauses in the form of template transfer clauses adopted by a supervisory authority and approved by the Commission;
- compliance with an approved code of conduct approved by a supervisory authority;
- certification under an approved certification mechanism as provided for in the GDPR;
- contractual clauses agreed authorized by the competent supervisory authority; or
- provisions inserted into administrative arrangements between public authorities or bodies authorized by the competent supervisory authority.
Data Subjects with a complaint about the Processing of their Personal Data, should put forward the matter in writing to the Data Controller. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The Data Controller will inform the Data Subject of the progress and the outcome of the complaint within a reasonable period.
If the issue cannot be resolved through consultation between the Data Subject and the Data Controller, then the Data Subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Supervisory Authority within the applicable jurisdiction.
Any individual who suspects that a Personal Data Breach has occurred due to the theft or exposure of Personal Data must immediately notify the Data Controller providing a description of what occurred. Notification of the incident can be directed in the first instance to the Data Manager, Line Manager, or DPO.
The Data Controller and Data Protection Officer will investigate all reported incidents to confirm whether or not a Personal Data Breach has occurred. If a Personal Data Breach is confirmed, the Data Controller with support from the Data Protection Officer will follow the relevant authorized procedure based on the criticality and quantity of the Personal Data involved. For severe Personal Data Breaches, the SAUDIA Legal and Compliance Departments to coordinate, manage and respond to the Personal Data Breach response.
All inquiries about this policy, including requests for exceptions or changes should be directed to the Data Controller.
This policy shall be available to all SAUDIA Employees through the SAUDIA Policy Intranet or via alternative means as deemed appropriate by the Data Controller.
This policy is effective as of May 2018.
The Data Controller with the advice of the Data Protection Officer is responsible for the maintenance and accuracy of this policy. Notice of significant revisions shall be provided to SAUDIA Employees through the Human Resources department. Changes to this policy will come into force when published on SAUDIA Intranet.
Appendix A - Referenced GDPR Articles
Article 6 – Lawfulness of Processing
Article 6 (1) identifies the lawfulness of processing:
- Performance of a contract;
- Legal obligation;
- Vital interests;
- Public interest;
- Legitimate interests.
Article 9 - Processing of special categories of personal data
- Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
- Paragraph 1 shall not apply if one of the following applies:
- the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
- processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorized by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
- processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
- processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;
- processing relates to personal data which are manifestly made public by the data subject;
- processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity;
- processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
- processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
- processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
- processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
- Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.
- Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health.