1. PURPOSE AND CONTEXT
As an Organisation, we may have to collect and use information about the people with whom we work. This personal information must be handled and dealt with properly, regardless of how it is collected, recorded and used; whether it be on paper, in computer records or recorded by any other means.
This policy applies to the processing of personal data in manual and electronic records kept by us in connection with our operations as described below. It also covers our response to any data breach and other rights under the GDPR.
This policy applies to the personal data of learners, children within our childcare services, volunteers and supporters. These are referred to in this policy as ‘relevant individuals’.
We regard the lawful and correct treatment of personal information as very important to the success of our operations, and to maintaining the confidence between us and those with whom we engage and/or carry out work. We will ensure that we treat personal information lawfully and correctly.
To this end, we fully endorse and adhere to the principles of the General Data Protection Regulation (GDPR).
“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, or online identifier. It can also include pseudonymised data.
“Special categories of personal data” is defined as data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).
“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.
“Data processing” is any operation or set of operations which is performed on personal data or on 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.
5. DATA PROTECTION PRINCIPLES
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
6. TYPES OF DATA HELD
personal data about you (usually your name and email address); and
details of the amount of money donated.We keep several categories of personal data in order to carry out effective and efficient processes. We keep this data in the form of paper forms, and we also hold the data within our computer systems.Specifically, we hold the following types of data:
Learners and Volunteers
a) personzal details such as name, address, phone numbers;
b) special categories of personal data such as ethnic origin, religion;
c) information relating to your membership of the Centre such as payment;
d) medical or health information where appropriate;
e) case studies;
f) information relating to your learning with us, including:
ii)class attendance and reasons for not attending;
iii)volunteer induction programme;
iv)details of volunteer application forms, CVs and support and supervision meetings;
v)information required by relevant external organisations to register candidates and course results;
vi)medical forms, where appropriate, for physical activities and trips out-with the Centre; and
vii)emergency contacts, where appropriate, for young people and vulnerable adults.
a) personal details, such as name, address, date of birth, language spoken;
b) medical information, such as details of allergies and medication required; and
c) personal details of parent/emergency contact, such as name address, phone number, relationship to child and location whilst the child is in the crèche
People on our mailing list
a)personal data about you (usually your name, organisation, designation and email address)
a)personal data about you (usually your name and email address); and
b)details of the amount of money donated
You have the following rights in relation to the personal data we hold on you:
a)the right to be informed about the data we hold on you and what we do with it;
b)the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”;
c)the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’
d)the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
e)the right to restrict the processing of the data;
f)the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
g)the right to object to the inclusion of any information; and
h)the right to regulate any automated decision-making and profiling of your personal data.
In order to protect the personal data of relevant individuals, those within our organisation who must process data as part of their role have been made aware of our policies on data protection.
We have also appointed an employee(s) with responsibility for reviewing and auditing our data protection systems.
9. LAWFUL BASIS OF PROCESSING
We acknowledge that processing may only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity.
Where no other lawful basis applies, we may seek to rely on the relevant individual’s consent in order to process data.
However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis, where appropriate. The relevant individuals will be given clear information on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.
10. ACCESS TO DATA
As stated above, individuals have a right to access the personal data that we hold on them. To exercise this right, individuals should make a Subject Access Request, and provide a proof of ID or other personal information that allows us to verify their identity. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit.
No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive; or unless a request is made for duplicate copies to be provided to parties other than the individual making the request. In these circumstances, a reasonable charge will be applied.
Further information on making a subject access request is contained in our Subject Access Request policy, which may be obtained from our compliance officer (details below).
11. DATA DISCLOSURES
The Organisation may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include:
a)to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders; and
b)to ensure the safety of children or vulnerable adults.
These kinds of disclosures will only be made when strictly necessary for the purpose.
12. DATA SECURITY
All our employees are aware that hard copy personal information should be kept in a locked filing cabinet, drawer, or safe.
Employees are aware of their roles and responsibilities when their role involves the processing of data.
All employees are instructed to store files or written information of a confidential nature in a secure manner so that they are only accessed by people who have a need and a right to access them, and to ensure that screen locks are implemented on all PCs, laptops etc when unattended.
No files or written information of a confidential nature are to be left where they can be read by unauthorised people.
Where data is computerised, it should be coded, encrypted or password protected both on a local hard drive, and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.
Employees must always use the passwords provided to access the computer system and not abuse them by passing them on to people who should not have them.
Personal data relating to relevant individuals should not be kept or transported on laptops, USB sticks, or similar devices, unless prior authorisation has been received from their manager. Where personal data is recorded on any such device it should be protected by:
a)ensuring that data is recorded on such devices only where absolutely necessary;
b)using an encrypted system — a folder should be created to store the files that need extra protection and all files created or moved to this folder should be automatically encrypted; and
c)ensuring that laptops or USB drives are not left where they can be stolen or misused.
Failure to follow the Organisation’s rules on data security may be dealt with via the Organisation’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.
13. THIRD PARTY PROCESSING
Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Organisation’s commitment to protecting data.
14. INTERNATIONAL DATA TRANSFERS
The Organisation does not transfer personal data to any recipients outside of the EEA.
15. REQUIREMENT TO NOTIFY BREACHES
All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.
More information on breach notification is available in our Breach Notification policy.
The Organisation keeps records of its processing activities including the purpose of processing and retention periods in its HR Data Record. These records will be kept up to date so that they reflect current processing activities.
17. DATA PROTECTION COMPLIANCE
Our appointed compliance officer in respect of our data protection activities is:
Phone: 01382 462058