Data classification is the process of sorting and categorizing data into various types, forms or any other distinct class based on its sensitivity. The Sacco classifies its data into the following categories;

Category 1: Highly Sensitive Data

Highly sensitive data refers to data and information that must be guarded due to proprietary, ethical, privacy or business process considerations. 

Distribution is limited to a few individuals performing certain roles and disclosure is strictly on a need-to-know basis. External disclosure must be expressly authorized by the CEO in consultation with the Board. Examples of such data include business strategy, staff health records, staff payroll information and litigation records among others. 

To achieve this, there will be stringent access control and users will be reviewed to confirm compliance with policy.

Category 2: Confidential Data

Confidential data is information protected by government regulations, statutes, industry regulations or specific internal policies. 

A breach could lead to legal liability, damage to Sacco reputation or financial loss. Distribution is limited to authorized users within the Sacco and disclosure may only be made to the data subject in the normal course of business or parties with a legitimate reason to know e.g., loan guarantors upon default of the principal borrower. Examples of such data include supplier contracts, member information and employee records among others.

To achieve this, there will be stringent access control and users will be reviewed to confirm compliance with policy.

Category 3: For Internal Use Only

Data for internal use only is information whose circulation is restricted to staff and directors only. Internal memos and communication sent on staff emails are examples of information

meant for internal use only.

Category 4: Public Data

Public information that can be communicated without restrictions and is intended for general public use. Examples include product information, Sacco vision and mission that are openly published on the Sacco website and external communications. 

Justification for collection of personal information

The Sacco may collect and use Data Subject’s personal data:

1. If it is necessary for the Sacco’s legitimate interest and so long as its use is fair, balanced and does not unduly impact data subject’s rights.
2. With the Data Subject’s consent. For example, to send marketing emails, to take and use a data subject’s photograph, to collect relevant medical information. The data subject can withdraw consent for this at any time.
3. As required to fulfil the Sacco’s legal obligations as a registered Deposit Taking Co- operative Society and employer. This includes sharing personal info with bodies such as SASRA, Ministry or the day responsible for co-operatives, NSSF, NHIF, Courts, Police, EACC, CRBs, among other legal/statutory bodies.

The Sacco will only process sensitive personal data if it has data subject’s explicit consent. In extreme situations, the Sacco may share data subject’s personal details with the emergency services if it believes it is in data subject’s ‘vital interests’ to do so.

Sources of personal information

The Sacco may collect information about data subject from different sources, for example:

1. Directly from data subject when they:
   1. Apply for membership
   2. Apply for account opening
   3. Apply for Sacco loan products
   4. Apply for employment/internship
   5. Are employed in the Sacco
   6. Apply as a supplier
   7. Register for or at one of events
   8. Complete a survey
   9. Subscribe for updates via Sacco’s mobile and electronic services
2. Indirectly:
   1. From other people who think that the data subject may be interested in collaborating in our work.
   2. From the public domain when the data subject has deliberately made the data public.
   3. From third parties such as previous or current employers to verify details about job applicants.
   4. From external sources such as publications and external reviewers or advisors.
   5. From another source when the guardian appointed has consented to the collection in cases where the data subject has an incapacity.
   6. Where collection of data from another source is necessary:
      1. for the prevention, detection, investigation, prosecution and punishment of crime;
      2. for the enforcement of a law which imposes a pecuniary penalty; or
      3. for the protection of the interests of the data subject or another person.

Forms of personal information collected. 

The Sacco only collect personal information that is genuinely needed for its operations. This may include:

1. Contact details such as name address, email address and phone numbers
2. Biometric data such as thumb prints
3. Nationality
4. National ID and Passport information
5. Date of birth
6. Gender
7. Information about race and ethnicity
8. Qualifications
9. Bank account details
10. Medical information
11. Benefits received
12. Employment details
13. Photographs and video recordings
14. Tax and residency status for statutory requirements
15. References from previous employers or educational institutions
16. Contact details for family members and next of kin
17. Details of criminal convictions

Personal Data Protection Principles

In processing personal data, Tembo Sacco shall be guided by the principles of data protection as captured in the Data Protection Act, and requires the Sacco to ensure that personal data is:

1. Processed in accordance with the right to privacy of the data subject;
2. Processed lawfully, fairly and in a transparent manner in relation to any data subject;
3. Collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
4. Adequate, relevant, limited to what is necessary in relation to the purposes for which it is processed;
5. Collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
6. Accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay;
7. Kept in a form which identifies the data subjects for no longer than is necessary for the purposes which it was collected; and
8. Not transferred outside the Sacco and the country, unless there is proof of adequate data protection safeguards or consent from the data subject.

In complying with the stated data protection principles, Tembo Sacco will observe the following:

Fairness and lawfulness

When processing personal data, the individual rights of the data subjects must be protected. The Sacco shall have a statement on all data collection forms and portals authorizing the use of members’ data.

Personal data must be collected and processed in a legal and fair manner.

Restriction to a specific purpose

Personal data can be processed only for the purpose that was defined before the data was collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

Transparency

The data subject must be informed of how his/her data is being handled. In general, personal data must be collected directly from the individual concerned. When the data is collected, the data subject must either be aware of, or informed of:

1. The identity of the Data Controller
2. The purpose of data processing
3. Third parties or categories of third parties to whom the data might be transmitted, if any.

Data reduction and data economy

Before processing personal data, the Sacco will determine whether and to what extent the processing of personal data is necessary in order to achieve the purpose for which it is undertaken. Where the purpose allows and where the expense involved is in proportion with the goal being pursued, anonymized or statistical data must be used. Personal data may not be collected in advance and stored for potential future purposes unless required or permitted by national law.

Deletion

Personal data that is no longer needed after the expiration of legal or business process-related periods must be deleted. There may be an indication of interests that merit protection or historical significance of this data in individual cases. If so, the data must remain on file until the interests that merit protection have been clarified legally, or the Sacco has evaluated the data to determine whether it must be retained for historical purposes.

Factual accuracy; up-to-date data

Personal data on file must be correct, complete, and – if necessary – kept up to date. Suitable steps must be taken to ensure that inaccurate or incomplete data are deleted, corrected, supplemented or updated.

Confidentiality and data security

Personal data is subject to data secrecy. It must be treated as confidential on a personal level and secured with suitable organizational and technical measures to prevent unauthorized access, illegal processing or distribution, as well as accidental loss, modification or destruction.

Rights of the Data Subject

Every data subject has the following rights:

1. To be informed of the use to which their personal data is to be put;
2. To access their personal data in custody of data controller or data processor;
3. To object to the processing of all or part of their personal data. This does not apply if a legal provision requires the data to be processed;
4. To correction of false or misleading data; and
5. To deletion of false or misleading data about them.

A right conferred on a data subject may be exercised:

1. by a person who has parental authority or by a guardian if the data subject is a minor;
2. by a person duly authorized to act as a guardian or administrator in a case where the data subject has a mental or other disability; or
3. by a person duly authorized by the data subject.

Data Subject Consent

A data subject may prior to the processing of their personal data give consent either orally or in writing, and may include a handwritten signature, an oral statement, or use of an electronic or other medium to signify agreement.

The Sacco shall seek consent from data subjects through various means. These include the data subjects willingly:

1. Appending their signature of acceptance of terms and conditions of engagement on physical consent form.
2. Ticking an opt-in box on paper or electronically.
3. Clicking an opt-in button or link online.
4. Responding to an email requesting consent.
5. Volunteering optional information for a specific purpose.
6. Selecting from equally prominent Yes/No options.

In obtaining consent from a data subject, the Sacco shall ensure that the data subject:

1. has capacity to understand and communicate their consent;
2. is informed of the nature of processing in simple and clear language that is understandable;
3. is informed whether data is being transferred to third party or implementing partners, or whether data is being collected by a third party on behalf of Tembo Sacco.
4. is informed of their duty to keep Tembo Sacco informed of changes to their personal data and status.
5. is informed of right to access to their personal data, or correction or deletion of it.
6. is informed of procedure to lodge a complaint in case of suspected breach.
7. is informed of the importance of providing accurate and complete information.
8. voluntarily gives consent and that the consent is specific.

Confidentiality of Data Processing

Personal data is subject to data secrecy. Any unauthorized collection, processing, or use of such data by employees is prohibited. Any data processing undertaken by an employee that he/she has not been authorized to carry out as part of his/her legitimate duties is unauthorized. The “need to know” principle applies. Employees may have access to personal information only as is appropriate for the type and scope of the task in question. This requires a careful breakdown and separation, as well as implementation, of roles and responsibilities.

Employees are forbidden to use personal data for private or commercial purposes, to disclose it to unauthorized persons, or to make it available in any other way. Supervisors must inform their employees at the start of the employment relationship about the obligation to protect data secrecy. The staff shall therefore sign an oath of secrecy at the time of engagement by the Sacco. This obligation shall remain in force even after employment has ended.

Data Processing Security

Personal data must be safeguarded from unauthorized access and unlawful processing or disclosure, as well as accidental loss, modification or destruction. This applies regardless of whether data is processed electronically or in paper form. Before the introduction of new methods of data processing, particularly new IT systems, technical and organizational measures to protect personal data must be defined and implemented. These measures must be based on the state of the art, the risks of processing, and the need to protect the data.

In particular, the responsible department or staff can consult with the Sacco’s ICT Officer. The technical and organizational measures for protecting personal data are part of the Sacco’s data security management and will be adjusted continuously to the technical developments and organizational changes.

Duration for holding personal information

The Sacco will hold personal information for durations stipulated in the Information preservation policy and will therefore not retain personal information if it is no longer required. In some circumstances, the Sacco may legally be required to retain data subject’s personal information, for example for finance, employment or audit purposes.

Data Breach and Notification

Tembo Sacco shall promptly notify the Office of the Data Commissioner upon becoming aware of personal data breach involving data subject within its records and properly record the breach. The Sacco shall also undertake to inform the data subject within reasonable time of the breach on their personal data and explain mitigating measure taken to safeguard the data and address potential adverse effects of the breach.