Data Protection policy
1 Introduction – Purpose of this Policy
The Sunnybank Trust takes its responsibilities with regard to the management of the requirements of the General Data Protection Regulation (GDPR) very seriously. This policy sets out how we manage those responsibilities.
The Sunnybank Trust obtains, uses, stores and otherwise processes personal data relating to current, potential and former staff, volunteers, those using our services, contractors, website users and contacts, collectively referred to in this policy as data subjects. When processing personal data, Sunnybank is obliged to fulfil individuals’ reasonable expectations of privacy by complying with GDPR and other relevant data protection legislation (data protection law).
This policy therefore seeks to ensure that:
a. We are clear about how personal data must be processed and Sunnybank’s expectations for all those who process personal data on its behalf;
b. We comply with the data protection law and with good practice;
c. We will protect the reputation of The Sunnybank Trust by ensuring the personal data entrusted to us is processed in accordance with data subjects’ rights
d. We will protect The Sunnybank Trust from risks of personal data breaches and other breaches of data protection law.
The main terms used are explained in the glossary at the end of this policy (Appendix 3).
2. The scope of this policy
This policy applies to all personal data we process regardless of the location where that personal data is stored (e.g. on an employee’s own device) and regardless of the data subject. All staff and others processing personal data on behalf of The Sunnybank Trust must ensure they read and understand the policy.
The CEO and Data Management Sub Committee are responsible for ensuring that all those working or volunteering for The Sunnybank Trust comply with this policy and should implement appropriate practices, processes, controls and training to ensure that compliance within their specific areas.
3. Personal data protection principles
When you process personal data, you should be guided by the following principles, which are set out in the GDPR. The Sunnybank Trust is responsible for, and must be able to demonstrate compliance with, the data protection principles listed below.
Those principles require personal data to be:
a. Processed lawfully, fairly and in a transparent manner. Detail on how to achieve this can be found in Appendix 1.
b. Collected only for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes (Purpose limitation). Detail on how to achieve this can be found in Appendix 2.
c. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data minimisation). Detail on how to achieve this can be found in Appendix 2.
d. Accurate and where necessary kept up to date (Accuracy). Detail on how to achieve this can be found in Appendix 2.
e. Not kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the personal data is processed (Storage limitation). Detail on how to achieve this can be found in Appendix 2.
f. Processed in a manner that ensures its security, using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage (Security, integrity and confidentiality). Detail on how to achieve this can be found in Appendix 2.
4. Data Subjects’ Rights
Data subjects have rights in relation to the way we handle their personal data. These include the following rights:
a. Where the legal basis of our processing is Consent, to withdraw that Consent at any time;
b. To ask for access to the personal data that we hold;
c. To prevent our use of the personal data for direct marketing purposes
d. To object to our processing of personal data in limited circumstances
e. To ask us to erase personal data without delay if:
It is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
The only legal basis of processing is Consent and that Consent has been withdrawn and there is no other legal basis on which we can process that personal data;
The data subject objects to our processing where the legal basis is the pursuit of a legitimate interest or the public interest and we can show no overriding legitimate grounds or interest;
The data subject has objected to our processing for direct marketing purposes;
The processing is unlawful.
f. To ask us to rectify inaccurate data or to complete incomplete data;
g. To restrict processing in specific circumstances e.g. where there is a complaint about accuracy;
h. To ask us for a copy of the safeguards under which personal data is transferred outside of the EU;
i. The right not to be subject to decisions based solely on automated processing, including profiling, except where necessary for entering into, or performing, a contract, with The Sunnybank Trust; it is based on the data subject’s explicit consent and is subject to safeguards; or is authorised by law and is also subject to safeguards;
j. To prevent processing that is likely to cause damage or distress to the data subject or anyone else;
k. To be notified of a personal data breach which is likely to result in high risk to their rights and freedoms;
l. To make a complaint to the ICO; and
m. In limited circumstances, receive or ask for their personal data to be transferred to a third party in a structured, commonly used and machine readable format.
You must verify the identity of an individual requesting data under any of the rights listed.
All requests (including for data subject access – see below) will be complied with, usually within one month of receipt. This will be referred to both the CEO and the Data Management Sub Committee (Appendix 4).
The Sunnybank Trust will implement appropriate technical and organisational measures in an effective manner to ensure compliance with data protection principles. The Sunnybank Trust is responsible for, and must be able to demonstrate compliance with, the data protection principles.
We must therefore apply adequate resources and controls to ensure and to document GDPR compliance. We have reviewed the GPDR and concluded that we do not meet the criteria which requires appointment of a DPO. We will however ensure;
a. Implementing privacy by design when processing personal data and completing a Data Protection Impact Assessment (DPIA) where processing presents a high risk to the privacy of data subjects. DPIA template Appendix 5.
b. Integrating data protection into our policies and procedures, in the way personal data is handled by us and by producing required documentation such as Privacy Notices, Records of Processing and records of Personal Data Breaches;
c. Training staff on compliance with Data Protection Law and keeping a record accordingly; and
d. Regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
a. The Sunnybank Trust responsibilities -
As the Data Controller, Sunnybank is responsible for establishing policies and procedures in order to comply with data protection law.
b. The responsibility of the CEO and the Data Management Sub Committee:
Advising the charity trustees, staff and volunteers of its obligations under GDPR
Monitoring compliance with this Regulation and other relevant data protection law, Sunnybank’s policies with respect to this and monitoring training and audit activities relate to GDPR compliance
Provide advice where requested on data protection impact assessments
Cooperate with and act as the contact point for the Information Commissioner’s Office
c. Staff responsibilities -
Staff members who process any form of personal data must comply with the requirements of this policy. Staff members must ensure that:
All personal data is kept securely;
No personal data is disclosed either verbally or in writing, accidentally or otherwise, to any unauthorised third party;
Personal data is kept in accordance with The Sunnybank Trust’s retention schedule;
Any queries regarding data protection, including subject access requests and complaints, are promptly directed to the Data Management Sub Committee;
Any data protection breaches are swiftly brought to the attention of the CEO who in turn will report it to the Data Management Sub Committee in order to resolve and report the breaches;
Where there is uncertainty around a data protection matter advice is sought from the Data Management Sub Committee.
Where members of staff are responsible for supervising volunteers doing work which involves the processing of personal information, they must ensure that those volunteers are aware of the Data Protection principles.
Staff who are unsure about who are the authorised third parties to whom they can legitimately disclose personal data should seek advice from the CEO and/or members of the Data Management Sub Committee.
6. Third-Party Data Processors
Where external companies are used to process personal data on behalf of The Sunnybank Trust, responsibility for the security and appropriate use of that data remains with The Sunnybank Trust.
Where a third-party data processor is used:
a. A data processor must be chosen which provides sufficient guarantees about its security measures to protect the processing of personal data;
b. Reasonable steps must be taken that such security measures are in place;
c. A written contract establishing what personal data will be processed and for what purpose must be set out;
d. A data processing agreement must be signed by both parties.
7. Contractors, Short-Term and Voluntary Staff
The Sunnybank Trust is responsible for the use made of personal data by anyone working on its behalf. Managers who employ contractors, short term or voluntary staff must ensure that they are appropriately vetted and managed for the data they will be processing. In addition managers should ensure that:
a. Any personal data collected or processed in the course of work undertaken for The Sunnybank Trust is kept securely and confidentially;
b. All personal data is returned to The Sunnybank Trust on completion of the work, including any copies that may have been made. Alternatively that the data is securely destroyed and The Sunnybank Trust receives notification in this regard from the contractor or short term / voluntary member of staff;
c. The Sunnybank Trust receives prior notification of any disclosure of personal data to any other organisation or any person who is not a direct employee of the contractor;
d. Any personal data made available by The Sunnybank Trust, or collected in the course of the work, is neither stored nor processed outside the UK unless written consent to do so has been received from The Sunnybank Trust.
e. All practical and reasonable steps are taken to ensure that contractors, short term or voluntary staff do not have access to any personal data beyond what is essential for the work to be carried out properly.
8. Volunteers responsibilities
Volunteers are responsible for:
a. Familiarising themselves with the Privacy Notice provided when they register with The Sunnybank Trust;
b. Ensuring that their personal data provided to The Sunnybank Trust is accurate and up to date.
9. Data subject Access Requests
Data subjects have the right to receive copy of their personal data which is held by The Sunnybank Trust. In addition, an individual is entitled to receive further information about The Sunnybank Trust’s processing of their personal data as follows:
The categories of personal data being processed
Recipients/categories of recipient
Information about their rights
The right to complain to the ICO,
Details of the relevant safeguards where personal data is transferred outside the EEA
Any third-party source of the personal data
You should not allow third parties to persuade you into disclosing personal data without proper authorisation.
The entitlement is not to documents per se (which may however be accessible by means of the Freedom of Information Act, subject to any exemptions and the public interest), but to such personal data as is contained in the document. The right relates to personal data held electronically and to limited manual records.
You should not alter, conceal, block or destroy personal data once a request for access has been made. You should contact the DPO before any changes are made to personal data which is the subject of an access request.
10. Reporting a personal data breach
The GDPR requires that we report to the Information Commissioner’s Office (ICO) any personal data breach where there is a risk to the rights and freedoms of the data subject. Where the personal data breach results in a high risk to the data subject, he/she also has to be notified unless subsequent steps have been taken to ensure that the risk is unlikely to materialise, security measures were applied to render the personal data unintelligible (e.g. encryption) or it would amount to disproportionate effort to inform the data subject directly. In the latter circumstances, a public communication must be made or an equally effective alternative measure must be adopted to inform data subjects, so that they themselves can take any remedial action.
We have put in place procedures to deal with any suspected personal data breach and will notify data subjects or the ICO where we are legally required to do so.
If you know or suspect that a personal data breach has occurred, you should immediately contact the DPO and follow the instructions in the personal data breach procedure. You must retain all evidence relating to personal data breaches in particular to enable The Sunnybank Trust to maintain a record of such breaches, as required by the GDPR.
11. Limitations on the transfer of personal data
The GDPR restricts data transfers to countries outside the EU in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. If you are transferring data outside the EU please contact the DPO for guidance before any transfer of personal data takes place.
12. Record Keeping
The GDPR requires us to keep full and accurate records of all our data processing activities. You must keep and maintain accurate corporate records reflecting our processing, including records of data subjects’ Consents and procedures for obtaining Consents, where Consent is the legal basis of processing.
These records should include, at a minimum, the name and contact details of The Sunnybank Trust as Data Controller, clear descriptions of the personal data types, data subject types, processing activities, processing purposes, third-party recipients of the personal data, personal data storage locations, personal data transfers, the personal data’s retention period and a description of the security measures in place.
Records of personal data breaches must also be kept, setting out:
a. The facts surrounding the breach
b. The effects
c. The subsequent action taken
13. Training and Audit
All staff and volunteers of The Sunnybank Trust must undergo adequate training to enable them to comply with data protection law. We must also regularly test our systems and processes to assess compliance.
We will regularly review all the systems to ensure they comply with this policy.
14. Data Privacy Impact Assessments (DPIAs)
The Sunnybank Trust will conduct DPIAs in respect of high-risk processing before that processing is undertaken. (Template: Appendix 5)
A DPIA will be conducted in the following circumstances:
a. The use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
b. Automated processing including profiling;
c. Large scale processing of sensitive (special category) data;
d. Large scale, systematic monitoring of a publicly accessible area.
A DPIA must include:
A description of the processing, its purposes and the Data Controller’s legitimate interests if appropriate;
An assessment of the necessity and proportionality of the processing in relation to its purpose;
An assessment of the risk to individuals;
The risk-mitigation measures in place and demonstration of compliance.
15. Direct Marketing
We are subject to certain rules and privacy laws when using direct marketing.The right to object to direct marketing must be explicitly offered to the data subject in an intelligible manner so that it is clearly distinguishable from other information.
A data subject’s objection to direct marketing must be promptly honoured. If a data subject opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
16. Sharing Personal Data
In the absence of Consent, a legal obligation or other legal basis of processing, personal data should not generally be disclosed to third parties unrelated to the The Sunnybank Trust.
Some bodies have a statutory power to obtain information (e.g. regulatory bodies such as the Health & Care Professions Council). Confirmation of such power should be sought before disclosing personal data in response to a request.
Further, without a warrant, the police have no automatic right of access to records of personal data, though voluntary disclosure may be permitted for the purposes of preventing/detecting crime or for apprehending offenders. Written assurances from the police will be sought to confirm that the relevant exemption applies..
Some additional sharing of personal data for research purposes may also be permissible, subject to certain safeguards.
We reserve the right to change this policy at any time without notice to you so please check regularly to obtain the latest copy.