GDPR | Kingdom Way Trust

General Data Protection Regulation Policy

DEFINTIONS

Charity - means Kingdom Way Trust, a registered charity.
GDPR - means the General Data Protection Regulation.
Responsible Person - means Roland Brown (Data Protection Officer).
Register of Systems - means a register of all systems or contexts in which personal data is processed by the Charity.

The EU General Data Protection Regulation (GDPR) replaced the Data Protection Act 1995 and came into force on 25th May 2018. GDPR places more emphasis on being accountable for and transparent about the lawful basis for processing personal data.

1. Data protection principles

The Charity is fully committed to processing data in accordance with its responsibilities under the GDPR.

Article 5 of the GDPR requires that personal data shall be:

processed lawfully, fairly and in a transparent manner in relation to individuals;
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
accurate and, where necessary, kept up-to-date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
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.

2. General provisions

This policy applies to all personal data processed by the Charity.
The Responsible Person shall take responsibility for the Charity’s ongoing compliance with this policy.
This policy shall be reviewed at least annually.
The Charity shall register with the Information Commissioner’s Office as an organisation that processes personal data.

3. Lawful, fair and transparent processing

To ensure its processing of data is lawful, fair and transparent, the Charity shall maintain a Register of Systems.
The Register of Systems shall be reviewed at least annually.
Individuals have the right to access their personal data and any such requests made to the Charity shall be dealt with in a timely manner. This is clearly explained in the Staff Handbook, given to all staff and volunteers at induction.

4. Lawful purposes

All data processed by the Charity must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
The Charity shall note the appropriate lawful basis in the Register of Systems.
Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Charity’s systems.

5. Data minimisation

The Charity shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
The details of personal data held will vary for each of the categories of the Charity’s personnel. The five main categories of personnel concerned are Trustees, Employees, Volunteers, Supporters and Clients.
Trustees, Employees and Volunteers will each be required to sign their consent on a Privacy Notice which clearly identifies the personnel data to be held, who will have access to it, and for how long it will be retained. (Samples of the three Privacy Notice forms are attached at Annex A).
Details concerning the handling of Supporters’ personal data are contained in the document ‘Data protection and processing: Supporters’ (attached at Annex B).
The ‘Service User Data Sharing’ policy (attached at Annex C) describes how the Caldicott principles will be followed for the retention, processing and sharing of service users’ personal data. All are requested to complete an opt-in form (see Annex D) confirming their consent for the Charity to hold data on their behalf; although clients are not obliged to give consent in order to access services, and can choose to remain anonymous. Verbal consent can be given where written consent is not possible.

6. Accuracy

The Charity shall take reasonable steps to ensure personal data is accurate.
Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up-to-date.

7. Archiving / removal

To ensure that personal data is kept for no longer than necessary, the Charity shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
The archiving policy shall consider what data should/must be retained, for how long, and for what reason. The archiving policy details for each area will be noted against each entry in the Register of Systems.

8. Security

The Charity shall ensure that personal data is stored securely using modern software that is kept up to date.
Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information. See the ‘Confidentiality Policy’ (attached at Annex E).
When personal data is deleted this should be done safely such that the data is irrecoverable.
Appropriate back-up and disaster recovery solutions shall be in place.

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Charity shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO.