Name of Charity: Endon Village Hall Committee (EVH)
Data Protection Policy and Procedures
Introduction
We are committed to a policy of protecting the rights and privacy of
individuals. We need to collect and use certain types of Data in order
to carry on our work of managing Endon Village Hall (EVH). This
personal information must be collected and handled securely.
The Data Protection Act 1998 (DPA) and General Data Protection
Regulations (GDPR) govern the use of information about people
(personal data). Personal data can be held on computers, laptops
and mobile devices, or in a manual file, and includes email, minutes of
meetings, and photographs.
The charity will remain the data controller for the information held. The
trustees, staff and volunteers are personally responsible for processing
and using personal information in accordance with the Data Protection
Act and GDPR. Trustees, staff and volunteers who have access to
personal information will therefore be expected to read and comply with
this policy.
Purpose
The purpose of this policy is to set out the EVH commitment and
procedures for protecting personal data. Trustees regard the lawful and
correct treatment of personal information as very important to successful
working, and to maintaining the confidence of those with whom we deal
with. We recognise the risks to individuals of identity theft and financial
loss if personal data is lost or stolen.
The following are definitions of the terms used:
Data Controller – the trustees who collectively decide what personal
information EVH will hold and how it will be held or used.
Act means the Data Protection Act 1998 and General Data Protection
Regulations – the legislation that requires responsible behaviour by those
using personal information.
Data Protection Officer – the person responsible for ensuring that EVH
follows its data protection policy and complies with the Act. EVH is not
required to appoint a DPO.
Data Subject – the individual whose personal information is being held or
processed by EVH for example a donor or hirer.
‘Explicit’ consent – is a freely given, specific agreement by a Data Subject
to the processing of personal information about her/him.
Explicit consent is needed for processing “sensitive data”, which includes:
(a) Racial or ethnic origin of the data subject
(b) Political opinions
(c) Religious beliefs or other beliefs of a similar nature
(d) Trade union membership
(e) Physical or mental health or condition
(f) Sexual orientation
(g) Criminal record
(h) Proceedings for any offence committed or alleged to have been
committed
Information Commissioner’s Office (ICO) – the ICO is responsible for
implementing and overseeing the Data Protection Act 1998.
Processing – means collecting, amending, handling, storing or disclosing
personal information.
Personal Information – information about living individuals that enables
them to be identified – e.g. names, addresses, telephone numbers and
email addresses. It does not apply to information about organisations,
companies and agencies but applies to named persons, such as
individual volunteers.
The Data Protection Act
This contains 8 principles for processing personal data with which we
must comply.
Personal data:
- Shall be processed fairly and lawfully and, in particular, shall not be
processed unless specific conditions are met, - Shall be obtained only for one or more of the purposes specified in the
Act, and shall not be processed in any manner incompatible with that
purpose or those purposes, - Shall be adequate, relevant and not excessive in relation to those
purpose(s). - Shall be accurate and, where necessary, kept up to date,
- Shall not be kept for longer than is necessary,
- Shall be processed in accordance with the rights of data subjects
under the Act, - Shall be kept secure by the Data Controller who takes appropriate
technical and other measures to prevent unauthorised or unlawful
processing or accidental loss or destruction of, or damage to, personal
information, - Shall not be transferred to a country or territory outside the European
Economic Area unless that country or territory ensures an adequate level
of protection for the rights and freedoms of data subjects in relation to
the processing of personal information.
Applying the Data Protection Act within the charity
We will let people know why we are collecting their data, which is for
the purpose of managing [the hall], its hirings and finances. It is our
responsibility to ensure the data is only used for this purpose. Access to
personal information will be limited to trustees, staff and volunteers.
Correcting data
Individuals have a right to make a Subject Access Request (SAR) to
find out whether the charity holds their personal data, where, what it is
used for and to have data corrected if it is wrong, to prevent use which
is causing them damage or distress, or to stop marketing information
being sent to them. Any SAR must be dealt with within 30 days. Steps
must first be taken to confirm the identity of the individual before
providing information, requiring both photo identification e.g. passport
and confirmation of address e.g. recent utility bill, bank or credit card
statement.
Responsibilities
EVH is the Data Controller under the Act, and is legally responsible
for complying with Act, which means that it determines what purposes
personal information held will be used for.
The management committee will take into account legal requirements
and ensure that it is properly implemented, and will through appropriate
management, strict application of criteria and controls:
a) Collection and use information fairly.
b) Specify the purposes for which information is used.
c) Collect and process appropriate information, and only to the extent
that it is needed to fulfil its operational needs or to comply with any legal
requirements.
d) Ensure the quality of information used.
e) Ensure the rights of people about whom information is held, can be
exercised under the Act.
These include:
i) The right to be informed that processing is undertaken.
ii) The right of access to one’s personal information.
iii) The right to prevent processing in certain circumstances, and
iv) the right to correct, rectify, block or erase information which is
regarded as wrong information.
f) Take appropriate technical and organisational security measures to
safeguard personal information,
g) Ensure that personal information is not transferred abroad without
suitable safeguards,
h) Treat people justly and fairly whatever their age, religion, disability,
gender, sexual orientation or ethnicity when dealing with requests for
information,
i) Set out clear procedures for responding to requests for information.
All trustees, staff and volunteers are aware that a breach of the rules
and procedures identified in this policy may lead to action being taken
against them.
[If appointed]: The Data Protection Officer on the management
committee is:
Name:
Contact Details:
The Data Protection Officer will be responsible for ensuring that the
policy is implemented and will have overall responsibility for:
a) Everyone processing personal information understands that they are
contractually responsible for following good data protection practice
b) Everyone processing personal information is appropriately trained to
do so
c) Everyone processing personal information is appropriately supervised
d) Anybody wanting to make enquiries about handling personal
information knows what to do
e) Dealing promptly and courteously with any enquiries about handling
personal information
f) Describe clearly how the charity handles personal information
g) Will regularly review and audit the ways it holds, manages and uses
personal information
h) Will regularly assess and evaluate its methods and performance in
relation to handling personal information.
This policy will be updated as necessary to reflect best practice in data
management, security and control and to ensure compliance with any
changes or amendments made to the Data Protection Act 1998.
In case of any queries or questions in relation to this policy please contact
the chair (chair@endonvillagehall.org.uk).
Procedures for Handling Data & Data Security
EVH has a duty to ensure that appropriate technical and organisational
measures and training are taken to prevent:
- Unauthorised or unlawful processing of personal data
- Unauthorised disclosure of personal data
- Accidental loss of personal data
All trustees, staff and volunteers must therefore ensure that personal
data is dealt with properly no matter how it is collected, recorded or
used. This applies whether or not the information is held on paper, in a
computer or recorded by some other means e.g. tablet or mobile phone.
Personal data relates to data of living individuals who can be identified
from that data and use of that data could cause an individual damage
or distress. This does not mean that mentioning someone’s name in a
document comprises personal data; however, combining various data
elements such as a person’s name and salary or religious beliefs etc.
would be classed as personal data, and falls within the scope of the DPA.
It is therefore important that all staff consider any information (which
is not otherwise in the public domain) that can be used to identify an
individual as personal data and observe the guidance given below.
Privacy Notice and Consent Policy
The private notice and consent policy are as follows:
Consent forms will be stored by the Secretary in a securely held
electronic or paper file.
Operational Guidance
Email:
All trustees, staff and volunteers should consider whether an email (both
incoming and outgoing) will need to be kept as an official record. If the
email needs to be retained it should be saved into the appropriate folder
or printed and stored securely.
Remember, emails that contain personal information no longer required
for operational use, should be deleted from the personal mailbox and any
“deleted items” box.
Phone Calls:
Phone calls can lead to unauthorised use or disclosure of personal
information and the following precautions should be taken: - Personal information should not be given out over the telephone
unless you have no doubts as to the caller’s identity and the information requested is innocuous. - If you have any doubts, ask the caller to put their enquiry in writing.
- If you receive a phone call asking for personal information to be
checked or confirmed be aware that the call may come from someone impersonating someone with a right of access.
Laptops and Portable Devices:
All laptops and portable devices that hold data containing personal
information must be protected with a suitable encryption program
(password).
Ensure your laptop is locked (password protected) when left unattended,
even for short periods of time.
When travelling in a car, make sure the laptop is out of sight, preferably in
the boot.
If you have to leave your laptop in an unattended vehicle at any time, put
it in the boot and ensure all doors are locked and any alarm set.
Never leave laptops or portable devices in your vehicle overnight.
Do not leave laptops or portable devices unattended in restaurants or
bars, or any other venue.
When travelling on public transport, keep it with you at all times, do not
leave it in luggage racks or even on the floor alongside you.
Data Security and Storage:
Store as little personal data as possible on your computer or laptop;
only keep those files that are essential. Personal data received on disk or
memory stick should be saved to the relevant file on the server or laptop.
The disk or memory stick should then be securely returned (if applicable),
safely stored or wiped and securely disposed of.
Always lock (password protect) your computer or laptop when left
unattended.
Passwords:
Do not use passwords that are easy to guess. All your passwords should
contain both upper and lower-case letters and preferably contain some
numbers. Ideally passwords should be 6 characters or more in length.
Protect Your Password: - Common sense rules for passwords are: do not give out your
password - Do not write your password somewhere on your laptop
- Do not keep it written on something stored in the laptop case.
Data Storage:
Personal data will be stored securely and will only be accessible to
authorised volunteers or staff.
Information will be stored for only as long as it is needed or required by
statute and will be disposed of appropriately. For financial records this
will be up to 7 years. For employee records see below. Archival material
such as minutes and legal documents will be stored indefinitely. Other
correspondence and emails will be disposed of when no longer required
or when trustees, staff or volunteers retire.
All personal data held for the organisation must be non-recoverable from
any computer which has been passed on/sold to a third party.
Information Regarding Employees or Former
Employees:
Information regarding an employee or a former employee, will be kept
indefinitely. If something occurs years later it might be necessary to refer
back to a job application or other document to check what was disclosed
earlier, in order that trustees comply with their obligations e.g. regarding
employment law, taxation, pensions or insurance.
Accident Book:
This will be checked regularly. Any page which has been completed will
be removed, appropriate action taken and the page filed securely.
Data Subject Access Requests:
We may occasionally need to share data with other agencies such as
the local authority, funding bodies and other voluntary agencies in
circumstances which are not in furtherance of the management of the
charity. The circumstances where the law allows the charity to disclose
data (including sensitive data) without the data subject’s consent are:
a) Carrying out a legal duty or as authorised by the Secretary of State
Protecting vital interests of a Data Subject or other person e..g. child
protection
b) The Data Subject has already made the information public
c) Conducting any legal proceedings, obtaining legal advice or defending
any legal rights
d) Monitoring for equal opportunities purposes – i.e. race, disability or
religion
We regard the lawful and correct treatment of personal information as
very important to successful working, and to maintaining the confidence
of those with whom we deal.
We intend to ensure that personal information is treated lawfully and
correctly.
Risk Management:
The consequences of breaching Data Protection can cause harm or
distress to service users if their information is released to inappropriate
people, or they could be denied a service to which they are entitled.
Trustees, staff and volunteers should be aware that they can be
personally liable if they use customers’ personal data inappropriately. This
policy is designed to minimise the risks and to ensure that the reputation
of the charity is not damaged through inappropriate or unauthorised
access and sharing.