The Wyche Institute Data Protection Policy
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V1 Issued 13/04/24
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We need to collect and use certain types of Personal Data (PD) in order to carry on our work of managing The Wyche Institute (The Institute). This personal information must be collected and handled securely. The Data Protection Act 2018 (DPA) and UK General Data Protection Regulations (UK GDPR) govern the use of information about personal data.
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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 such information held.
The trustees, management committee and volunteers are personally responsible for processing and using personal information in accordance with the DPA and UK GDPR. Trustees, management committee and volunteers who have access to personal information will therefore be expected to read and comply with this policy.
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The purpose of this policy is to set out the Institute’s commitment and procedures for protecting personal data: the Trustees recognise the risks to individuals of identity theft and financial loss if personal data is lost or stolen.
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The following are definitions of the terms used:
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Data Controller - the trustees who collectively decide what personal information the Institute will hold and how it will be held or used. The Institute collects information from hirers and processes it in order to complete the hiring procedure.
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Data Processor – an individual or an organisation that processes personal data on behalf of a data controller. This would be, for instance, the Institute’s accountant who processes information given them by Trustees.
Legislation means the Data Protection Act 2018 and UK General Data Protection Regulations
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Data Protection Officer – we are not required by the Legislation to appoint a Data Protection Officer. However, the Trustees together oversee the operation of the Policy.
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Data Subject – the individual whose personal information is being held or processed by the Institute for example a donor or hirer.
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Valid Consent – is a freely given, informed and specific consent given 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 (h) genetic or biometric data.
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Information Commissioner’s Office (ICO) - the ICO is responsible for implementing and overseeing the DPA 2018 and the UK GDPR.
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Processing – means any operation performed on personal data such as collecting, amending, handling, storing, using or disclosing personal information.
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Personal Data – 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. 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 Legislation.
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The Data Protection Act contains 8 principles for processing personal data with which we must comply.
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1. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’); we need to ensure our collection of data is legitimate and we have obtained consent if appropriate.
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2. Personal data obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
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3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
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4. Personal data shall be accurate and, where necessary, kept up to date.
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5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
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6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
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7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
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8. Personal data 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
Applying the Data Protection Act within the Institute
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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 and volunteers.
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We only collect data we need and it may not be used for another purpose without consent. We regularly review data held, methods of data retention, and provide appropriate training to make ensure data is held in compliance with this policy. We complete this review annually.
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Personal Data shall not be transferred to a country or territory outside the UK 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. The ICO maintains a list of those countries deemed to have an adequate level of data protection.
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Responsibilities
The trustees are the Data Controller under the Act, and are legally responsible for complying with Act, which means that it determines what purposes personal information held will be used for.
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The trustees are responsible for ensuring that the policy is implemented and will have overall responsibility for:
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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.
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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
Data Storage
The trustees have a duty to ensure that appropriate technical and organisational measures and training are taken to prevent:
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• unauthorised or unlawful processing of personal data
• unauthorised disclosure of personal data
• accidental loss of personal data
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Personal data will be stored securely and will only be accessible to authorised trustees and volunteers.
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. 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 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.
All trustees 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).
Specific Guidance
Accident Book: This will be checked regularly. Any page which has been completed will be removed, appropriate action taken and the page filed securely.
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Email: All trustees 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. Emails that contain personal information no longer required for operational use, should be deleted from the personal mailbox and any “deleted items” box.
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Imagery and Videos: The Institute may use general photographs of events with groups of adults at the hall for publicity purposes in accordance with its lawful basis for using PD. However, there is ambiguity in application of the rules and we should seek written consent wherever possible e.g. for individuals and small groups through an image consent form.
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Photos of children must not be used without the written consent of the parent or guardian. However, we are aware that for some individuals publicising their location could place them or their families at risk. Consequently, at large events at which publicity photos may be taken a notice should be posted at the entrance, or an announcement made, providing opportunity for people to refuse taking part in publicity photographs.
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All imagery is protected by copyright and cannot be used without the consent of the owner (normally whoever took the images). If consent is obtained for one purpose and we use it for another, we must obtain their consent for the new use.
Subject Access Request (SAR)
Individuals have a right to make a Subject Access Request (SAR) to find out whether the Institute holds their personal data and what that consists of.
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They can 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.
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Any SAR must be dealt with within one month. 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. Any concerns about complying with a SAR need to be discussed promptly with the Hall’s Data Controller or with the ICO, e.g. if it is manifestly incorrect or excessive.
Data Breaches
Includes loss of personal data, accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data.
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Anyone who becomes aware of a data breach must notify it to the Trustees immediately by using the email wycheinstitute@gmail.com
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We must notify the ICO with 72 hours of becoming aware of a data breach if the breach is likely to have a significant detrimental effect on individuals e.g. if it is likely to result in discrimination, damage to reputation, financial loss or social disadvantage.