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The Trustee Board is responsible for all day-to-day data protection matters, and will be responsible for ensuring that all members of staff and relevant individuals abide by this policy, and for developing and encouraging good information handling within the organisation.
Data Protection Principles
The legislation places a responsibility to process any personal data in accordance with data protection principles. More detailed guidance on how to comply with these principles can be found in the DPCoP. Please follow this link to the ICO’s website (www.ico.gov.uk). In order to comply with its obligations, the Organisation undertakes to adhere to the principles:
1) Process personal data fairly and lawfully
The Organisation will make all reasonable efforts to ensure that individuals who are the focus of the personal data (data subjects) are informed of the identity of the data controller, the purposes of the processing, any disclosures to third parties that are envisaged; given an indication of the period for which the data will be kept, and any other information which may be relevant.
2) Process the data for the specific and lawful purpose for which it collected that data and not further process the data in a manner incompatible with this purpose.
The Organisation will ensure that the reason for which it collected the data originally is the only reason for which it processes those data, unless the individual is informed of any additional processing before it takes place.
3) Ensure that the data is adequate, relevant and not excessive in relation to the purpose for which it is processed.
The Organisation will not seek to collect any personal data which is not strictly necessary for the purpose for which it was obtained. Forms for collecting data will always be drafted with this mind. If any irrelevant data are given by individuals, they will be destroyed immediately.
4) Process personal data in accordance with the rights of the data subject under the legislation.
Individuals have various rights under the legislation including a right to:
- be told the nature of the information the Organisation holds and any parties to whom this may be disclosed
- prevent processing likely to cause damage or distress
- prevent processing for purposes of direct marketing
- be informed about the mechanics of any automated decision-taking process that will significantly affect them
- not have significant decisions that will affect them taken solely by automated process
- sue for compensation if they suffer damage by any contravention of the legislation
- take action to rectify, block, erase or destroy inaccurate data
- request that the Office of the Information Commissioner assess whether any provision of the Act has been contravened.
The Organisation will only process personal data in accordance with individuals’ rights.
5) Ensure that no personal data is transferred to a country or a territory outside the European Economic Area (EEA) unless that country or territory ensures adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
The Organisation will not transfer data to such territories without the explicit consent of the individual. This also applies to publishing information on the Internet – because transfer of data can include placing data on a website that can be accessed from outside the EEA – so the Organisation will always seek the consent of individuals before placing any personal data (including photographs) on its website. If the Organisation collects personal data in any form via its website, it will provide a clear and detailed privacy statement prominently on the website, and wherever else personal data is collected.
The Organisation will ensure that any forms used to gather data on an individual will contain a statement (fair collection statement) explaining the use of that data, how the data may be disclosed and also indicate whether or not the individual needs to consent to the processing.
The Organisation will ensure that if the individual does not give his/her consent for the processing, and there is no other lawful basis on which to process the data, then steps will be taken to ensure that processing of that data does not take place.
Subject Access Rights (SARs)
Individuals have a right to access any personal data relating to them which are held by the Organisation. Any individual wishing to exercise this right should apply in writing to the Chief Executive. Any member of staff receiving a SAR should forward this to the Chief Executive. Under the terms of the legislation, any such requests must be complied with within 40 days.
Disclosure of Data
Only disclosures which have been notified under the Organisation’s DP notification must be made and therefore staff should exercise caution when asked to disclose personal data held on another individual or third party.
The Organisation undertakes not to disclose personal data to unauthorised third parties, including family members, friends, government bodies and in some circumstances, the police. Legitimate disclosures may occur in the following instances:
- the individual has given their consent to the disclosure
- the disclosure is in the legitimate interests of the individual
- the disclosure is required for the performance of a contract.
There are other instances when the legislation permits disclosure without the consent of the individual.
In no circumstances will the Organisation sell any of its databases to a third party.
Publication of The Organisation’s Information
The Organisation publishes various items which will include some personal data, e.g.
- internal telephone directory
- event information
- photos and information in marketing materials.
It may be that in some circumstances an individual wishes their data processed for such reasons to be kept confidential, or restricted organisation access only.
Therefore, it is the Organisation’s policy to offer an opportunity to opt-out of the publication of such when collecting the information.
It is the Organisation’s policy to ensure that senders and recipients of email are made aware that under the DPA, and Freedom of Information Legislation, the contents of email may have to be disclosed in response to a request for information. One means by which this will be communicated will be by a disclaimer on the Organisation’s email.
Under the Regulation of Investigatory Powers Act 2000, Lawful Business Practice Regulations, any email sent to or from the Organisation may be accessed by someone other than the recipient for system management and security purposes.
Procedure for Review
This policy will be updated as necessary to reflect best practice or future amendments made to the General Data Protection Regulation (GDPR) May 2018 and Data Protection Act 1998. Please follow this link to the ICO’s website (www.ico.gov.uk) which provides further detailed guidance on a range of topics including individuals’ rights, exemptions from the Act, dealing with subject access requests, how to handle requests from third parties for personal data to be disclosed etc. In particular, you may find it helpful to read the Guide to Data Protection which is available from the website.
For help or advice on any data protection or freedom of information issues, please do not hesitate to Contact Us.
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