GENERAL DATA PROTECTION REGULATION (GDPR) POLICY
POLICY:GDPR POLICY
ISSUE NUMBER:1
ISSUED:May 2018
REVIEW DATE:May 2021
RELATED POLICIES:
Clear Desk Policy
Complaints Policy
Confidentiality Policy
Data Quality Policy
Data Retention Policy
Film & Photography Policy
Information Governance Policy
Information Maintenance Policy
Portable USB and Removable Media Policy
Remote Working Policy
Social Media Policy
SCOPE OF POLICY
This policy applies to all staff, volunteers and trainees and Trustees and NEDS of the Age UK North Tyneside Group and has been written to ensure that the processing of Personal Data complies with the General Data Protection Regulation (GDPR). Any breach of this policy or of theRegulation itself will be considered an offence and the Group’s Disciplinary Procedures will be invoked.
As a matter of best practice, other agencies and individuals working with the Group andwho have access to personal information, will be expected to read and comply withthis policy. It is expected that departments who are responsible for dealing withexternal bodies will take the responsibility for ensuring that such bodies sign acontract which among other things reaffirms this Policy.
This Policy will be updated as necessary to reflect best practice in datamanagement, security and control and to ensure compliance with any changes oramendments to the GDPR and other relevant legislation.
Authorised by:
Alma Caldwell
Group Chief Executive
The Age UK North Tyneside Group strives to ensure equality of opportunity for all, both as an employer and a provider of services. This policy has therefore been equality impact assessed by the Head of Corporate Support to ensure fairness and consistency for all those covered by it regardless of their individual differences.
INTRODUCTION
The Age UK North Tyneside Group is committed to a Policy of protecting therights and privacy of all individuals in accordancewith the General Data Protection Regulation (GDPR) May 2018.
The new regulatory environment demands higher transparency and accountabilityin how companies manage and use personal data. It also accords new and strongerrights for individuals to understand and control that use.
The GDPR contains provisions that the Group will need to be aware of as datacontrollers, including provisions intended to enhance the protection of all staff, customers, volunteers and other stakeholder’s personal data. For example, the GDPR requires that:
- We must ensure that our privacy notices are written in a clear, plain waythat our staff, customers, volunteers and other stakeholdersunderstand.
- The Group needs to process certain information about its staff, customers, volunteers and any other individuals with whom it has a relationship for various purposes.
To comply with various legal obligations, including the obligations imposed on it bythe General Data Protection Regulation (GDPR) the Group must ensure that all thisinformation about individuals is collected and used fairly, stored safely and securely,and not disclosed to any third party unlawfully.
General Data Protection Regulation (GDPR)
The GDPR regulatesthe processing of personal data, and protects the rights and privacy of all livingindividuals (including children), for example by giving all individuals who are thesubject of personal data a general right of access to the personal data whichrelates to them. Individuals can exercise the right to gain access to their informationby means of a ‘subject access request’. Personal data is information relating to anindividual and may be in hard or soft copy (paper/manual files; electronic records;photographs; CCTV images), and may include facts or opinions about a person.
Responsibilities under the GDPR
The Age UK North Tyneside Group will be the ‘data controller’ under the terms of the legislation – this means it isultimately responsible for controlling the use and processing of the personal data.
The Group appoints a Data Protection Officer (DPO), currently the Head of Corporate Support who isavailable to address any concerns regarding the data held by the Group and how it isprocessed, held and used.
The Senior Management Team is responsible for all day-to-day data protection matters,and will be responsible for ensuring that all members of staff and relevant individualsabide by this policy, and for developing and encouraging good information
handling across the Group.
The Senior Management Team is also responsible for ensuring that the Group’snotification is kept accurate. Details of the Group’s notification can be found onthe Office of the Information Commissioner’s website. Our data registration number
is: Z5065712.
Compliance with the legislation is the personal responsibility of everyone who processes personal information. Individuals who provide personal data to the Group are responsible for ensuringthat the information is accurate and up-to-date.
Personal Data
Personal data is that information about an individual which is factual, ie. a name, address or date of birth. Personal information may also contain opinion ie. whether there is intention to promote or demote the individual. Personal information can apply to staff, customers, tenants or suppliers.
6 key Principles of the General Data Protection Regulation
1. Lawfulness, fairness and transparency
The first principle is relatively self-evident: organisations need to make sure their data collection practices don’t break the law and that they aren’t hiding anything from data subjects.
The Group will make all reasonable efforts to ensure that individuals who are the focus ofthe 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 otherinformation which may be relevant. To remain transparent with our data subjects we state in our privacy policy the type of data we collect and the reason we are collecting it.
2. Purpose limitation
Organisations should only collect personal data for a specific purpose, and we clearly state what that purpose is in our Data Register which also shows that we only collect data for as long as necessary to complete that purpose.
The Group will ensure that the reason for which it collected the data originally is the onlyreason for which it processes that data, unless the individual is informed of any
additional processing before it takes place.
3. Data minimisation
Organisations must only process the personal data that they need to achieve its processing purposes. Doing so has two major benefits. First, in the event of a data breach, the unauthorised individual will only have access to a limited amount of data. Second, data minimisation makes it easier to keep data accurate and up to date.
The Group will not seek to collect any personal data which is not strictly necessary for thepurpose for which it was obtained. Forms for collecting data will always be drafted
with this mind. If any irrelevant data is given by individuals, this will be destroyedimmediately.
4. Accuracy
The accuracy of personal data is integral to data protection. The GDPR states that “every reasonable step must be taken” to erase or rectify data that is inaccurate or incomplete.
Individuals have the right to request that inaccurate or incomplete data be erased or rectified within 30 days.
The Group will review and update all data on a regular basis as outlined in the Data Register. It is the responsibility of theindividuals giving their personal data to ensure that this is accurate, and eachindividual should notify the Group if, for example, a change in circumstancesmeans that the data needs to be updated. It is the responsibility of the Group toensure that any notification regarding the change is noted and acted on.
5. Storage limitation
Organisations need to delete personal data when it’s no longer necessary. The Group undertakes not to retain personal data for longer than is necessary to ensurecompliance with the legislation, and any other statutory requirements. This means that the Group will undertake a regular review of the information held and implement aweeding process.
The Group will dispose of any personal data in a way that protects the rights and privacyof the individual concerned (e.g. secure electronic deletion, shredding and disposalof hard copy files as confidential waste).
6. Integrity and confidentiality
This is the only principle that deals explicitly with security. The GDPR states that personal data must be “processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures”.
The legislation places a responsibility on every data controller to process anypersonal data in accordance with the six principles.
All members of staff are responsible for ensuring that any personal data which theyhold is kept securely and not disclosed to any unauthorised third parties. The Group will ensure that all personal data is accessible only to those who have a validreason for using it.
The Group will have in place appropriate security measures e.g.
- ensuring that hard copy personal data is kept in lockable filing cabinets/cupboards with controlled access (with the keys then held securely in a key cabinet with controlled access):
- Keeping all personal data in a lockable cabinet with key-controlled access.
- Password protecting personal data held electronically.
- Archiving personal data which are then kept securely (lockable storage areas).
- Placing any PCs or terminals, CCTV camera screens etc. that show personal data so that they are not visible except to authorised staff.
- Ensuring that PC screens are not left unattended without a password protected screen-saver being used.
In addition, the Group will put in place appropriate measures for the deletion of personaldata - manual records will be shredded or disposed of as ‘confidential waste’ andappropriate contract terms will be put in place with any third parties undertaking thiswork. Hard drives of redundant PCs will be wiped clean before disposal or if that isnot possible, destroyed physically. This policy also applies to staff and other individuals who process personal data ‘off-site’, e.g.when working at home, and in these circumstances additional care must be takenregarding the security of the data.
Consent as a basis for processing
Although it is not always necessary to gain consent from individuals beforeprocessing their data, it is often the best way to ensure that data is collected andprocessed in an open and transparent manner.
Consent is especially important when the Group is processing any sensitive data, asdefined by the legislation. The Group understands consent to mean that the individual has been fully informed of theintended processing and has signified their agreement whilst being of a sound mind and without having any undue influence exerted uponthem. Consent obtained on the basis of misleading information will not be a validbasis for processing. Consent cannot be inferred from the non-response to acommunication.
The Group 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 betaken 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 is heldby the Group. Any individual wishing to exercise this right should apply in writing tothe Data Protection Officer (DPO). Any member of staff receiving a SAR should forward this to the DPO immediately.
Under the terms of the legislation, any such requests must be complied with within 30
Days of receipt of a completed Subject Access Request (SAR).
Disclosure of Data
The Group undertakes not to disclose personal data to unauthorised third parties, includingfamily members, friends, government bodies and in some circumstances, the police.
Legitimate disclosures may occur if the individual has given their consent to the disclosure.
There are other instances when the legislation permits disclosure without the consentof the individual.
In no circumstances will the Group sell any of its databases to a third party.
Publication of Information
The Group publishes various items which will include some personal data including event information and photos and information in marketing materials.
It may be that in some circumstances an individual wishes their data processed forsuch reasons to be kept confidential, or restricted for the Group’s access only. Therefore it is the Group’s policy to offer an opportunity to opt-out of the publication of such whencollecting the information.
It is the policy of the Group to ensure that senders and recipients of email are made awarethat under the GDPR, and Freedom of Information Legislation, the contents of emails may have to be disclosed in response to a subject access request for information.
CCTV
There are some CCTV systems operating within the Group for the purpose of protecting its property only. The Group will only process personal data obtained bythe CCTV system in a manner which ensures compliance with the legislation.
Privacy Impact Assessments
The Group carries out Privacy Impact Assessments (PIAs)to identify the most effective way to comply with data protection obligations and meet individuals’ expectations of privacy. The outcome of a PIA minimises the privacy risk and helps the Group to develop an understanding of how it will approach the broad topics of privacy and privacy risks for its customers and staff.
It is the Group’s objective that undertaking an effective PIA willbenefit the people affected by the project or change and also the Group as the benefits include the following:
- It will demonstrate to the ICO (Information Commissioner’s Office) how personal data processing complies with legal requirements, and that individuals can be reassured that the Group has followed best practice.
- A project which has been PIA assessed will be less privacy intrusive and therefore less likely to affect individuals in a negative way.
- A PIA will improve transparency and make it easier for individuals to understand how andwhy their information is being used.
- Undertaking the assessment will improve how the Group uses information which impacts onindividual privacy. This will in turn reduce the likelihood of the Group failing to meet its legal obligations.
The core principles of PIA can be applied to any project or change process which involves the use of personal data, or to any other activity which could have an impact on the privacy of individuals. These can include the following:
- A new IT system for storing and accessing personal data.
- A data sharing initiative where two or more organisations seek to pool or link sets of personal data.
- A proposal to identify people in a particular group or demographic and initiate a course of action.
- Using existing data for a new and unexpected or more intrusive purpose.
- Any new surveillance system or the application of new technology to an existing system
- A new database which consolidates information held by separate parts of an organisation.
Overseas transfers
If we wish to transfer personal data to a country outside the EUEA, (the European Union plus Norway, Iceland and Liechtenstein) we need to either ensure adequate protection for the data in the receiving country, or obtain the consent of the data subject.
Procedure for review
This policy will be updated as necessary to reflect best practice or futureamendments made to the General Data Protection Regulation (GDPR).
You can find more information about a range of topics relating to GDPR including individuals’ rights, exemptions fromthe Act, dealing with subject access requests, how to handle requests from thirdparties for personal data to be disclosed etc. on the Information Commissioner’s Office (ICO) website .
For help or advice on any data protection or freedom of information issues, pleasedo not hesitate to contact:The Data Protection Officer (DPO): Angela Dawson, Head of Corporate Support at or on 0191 2877026.
1