Introduction
This Policy sets out the obligations of Coventry Resource Centre for the Blind (CRCB/ The Charity), a Charity registered with the UK Charity Commission whose registered office is at 33-35 Earlsdon Avenue South, Coventry CV5 6TH regarding data protection and the rights of all its stakeholders (data subjects) in respect of their personal data under UK Data Protection Legislation.
This Policy sets out the Charity’s (the data controller) obligations regarding the collection, processing, transfer, storage, and disposal of personal data, as determined by the Data Protection Act 2018 (DPA 2018), the UK General Data Protection Regulation (UK GDPR) and any subsequent legislation). The procedures and principles set out herein must be followed at all times by the Charity, its employees, agents, contractors, or other parties working on behalf of the Charity.
Definitions
See Appendix 1 for a list of terms and definitions referred to in this guidance
Data Protection Officer & Scope of Policy
The Charity’s Data Protection Officer is Hugh Sorrill, Chief Executive Officer of CRCB, who is responsible for:
Administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.
Ensuring that all employees, agents, contractors, or other parties working on behalf of the Charity comply with this Policy
must implement such practices, processes, controls, and training as are reasonably necessary to ensure such compliance.
Responding to questions relating to this Policy, the Charity’s collection, processing, or holding of personal data, or to the Data Protection Legislation.
The Data Protection Principles
The Data Protection Legislation sets out the following principles with which any party handling personal data must comply.
All personal data must be:
processed lawfully, fairly, and in a transparent manner in relation to the data subject;
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 it is processed;
accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is 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 is 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 Data Protection Legislation in order to safeguard the rights and freedoms of the data subject;
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 Rights of Data Subjects
The Data Protection Legislation sets out the following key rights applicable to data subjects:
The right to be informed;
the right of access;
the right to rectification;
the right to erasure (also known as the ‘right to be forgotten’);
the right to restrict processing;
the right to data portability;
the right to object; and
rights with respect to automated decision-making and profiling.
Lawful, Fair, and Transparent Data Processing
Specifically, the processing of personal data shall be lawful if at least one of the following applies:
the data subject has given consent to the processing of their personal data for one or more specific purposes;
the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;
the processing is necessary for compliance with a legal obligation to which the data controller is subject;
the processing is necessary to protect the vital interests of the data subject or of another natural person;
the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
If the personal data in question is special category personal data (also known as ‘sensitive personal data’), at least one of 10 further, specific conditions must be met; these are outlined in Appendix 2:
Consent
If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:
Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent.
Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.
Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.
If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject.
If special category personal data is processed, the Charity shall normally rely on a lawful basis other than explicit consent. If explicit consent is relied upon, the data subject in question must be issued with a suitable privacy notice in order to capture their consent.
In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Charity can demonstrate its compliance with consent requirements.
Specified, Explicit, and Legitimate Purposes
The Charity collects and processes personal data that is required for the purposes of running the Charity effectively, providing services to beneficiaries and in the course of necessary interactions with third parties essential to these purposes.
This includes:
personal data collected directly from data subjects
personal data obtained from third parties
Data subjects must be kept informed at all times of the purpose or purposes for which the Charity uses their personal data.
Adequate, Relevant, and Limited Data Processing
The Charity will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed
Employees, agents, contractors, or other parties working on behalf of the Charity may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.
Employees, agents, contractors, or other parties working on behalf of the Charity may process personal data only when the performance of their job duties requires it. Personal data held by the Charity cannot be processed for any unrelated reasons.
Accuracy of Data and Keeping Data Up to Date
The Charity shall ensure that all personal data collected, processed, and held by it is kept accurate and up to date.
This includes, but is not limited to:
the rectification of personal data at the request of a data subject
The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
Data Retention
The Charity shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
When personal data is no longer required, all reasonable steps will be taken to erase or otherwise securely dispose of it without delay.
Data that needs to be retained will be held securely / password protected
Secure Processing
The Charity shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data.
Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows:
only those with a genuine need to access and use personal data and who are authorised to do so may access and use it;
personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed; and
authorised users must always be able to access the personal data as required for the authorised purpose or purposes.
Accountability and Record-Keeping
The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.
The Charity shall follow a privacy by design approach at all times when collecting, holding, and processing personal data. Data Protection Impact Assessments shall be conducted if any processing presents a significant risk to the rights and freedoms of data subjects (please refer to Appendix 3 for further information).
All employees, agents, contractors, or other parties working on behalf of the Charity shall be given appropriate training in data protection and privacy, addressing the relevant aspects of the Data Protection Legislation, this Policy, and all other applicable Charity policies.
The Charity’s data protection compliance shall be regularly reviewed and evaluated by means of Data Protection Audits.
The Charity shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following:
the name and details of the Charity, its Data Protection Officer, and any applicable third-party data transfers (including data processors and other data controllers with whom personal data is shared);
the purposes for which the Charity collects, holds, and processes personal data;
the Charity’s legal basis or bases (including, but not limited to, consent, the mechanism(s) for obtaining such consent, and records of such consent) for collecting, holding, and processing personal data;
details of the categories of personal data collected, held, and processed by the Charity, and the categories of data subject to which that personal data relates;
details of how long personal data will be retained by the Charity
details of personal data storage, including location(s)
Keeping Data Subjects Informed
The Charity shall provide the information set out in Part 14.2 to every data subject:
where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
if the personal data is used to communicate with the data subject, when the first communication is made; or
if the personal data is to be transferred to another party, before that transfer is made; or
as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
The following information shall be provided in the form of a privacy notice:
details of the Charity including, but not limited to, contact details, and the names and contact details of its Data Protection Officer;
the purpose(s) for which the personal data is being collected and will be processed and the lawful basis justifying that collection and processing;
where applicable, the legitimate interests upon which the Charity is justifying its collection and processing of the personal data;
where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
where the personal data is to be transferred to one or more third parties, details of those parties;
details of the data subject’s right to complain to the Information Commissioner’s Office;
where the personal data is not obtained directly from the data subject, details about the source of that personal data;
where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.
Data Subject Access
Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Charity holds about them, what it is doing with that personal data, and why.
Employees wishing to make a SAR should do so using a Subject Access Request Form, sending the form to the Charity’s Data Protection Officer
Responses to SARs must normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
All SARs received shall be handled by the Charity’s Data Protection Officer
Rectification of Personal Data
Data subjects have the right to require the Charity to rectify any of their personal data that is inaccurate or incomplete:
The Charity shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Charity of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
Erasure of Personal Data
Data subjects have the right to request that the Charity erases the personal data it holds about them in the following circumstances:
it is no longer necessary for the Charity to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
the data subject wishes to withdraw their consent to the Charity holding and processing their personal data;
the data subject objects to the Charity holding and processing their personal data (and there is no overriding legitimate interest to allow the Charity to continue doing so) (see Part 21 of this Policy for further details concerning the right to object);
the personal data has been processed unlawfully;
the personal data needs to be erased in order for the Charity to comply with a particular legal obligation
Unless the Charity has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
Restriction of Personal Data Processing
Data subjects may request that the Charity ceases processing the personal data it holds about them. If a data subject makes such a request, the Charity shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
Data Portability
The Charity processes personal data using an electronic database
Where data subjects have given their consent to the Charity to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Charity and the data subject, data subjects have the right, under the Data Protection Legislation, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
To facilitate the right of data portability, the Charity shall make available all applicable personal data to data subjects in printed or email format
Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.
All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.
Objections to Personal Data Processing
Where a data subject objects to the Charity processing their personal data based on its legitimate interests, the Charity shall cease such processing immediately, unless it can be demonstrated that the Charity’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
Direct Communications
The Charity is subject to certain rules and regulations when marketing its services and when communicating about fundraising campaigns
The prior consent of data subjects is required for electronic direct marketing including email, text messaging, and automated telephone calls subject to the following limited exception:
The Charity may send marketing text messages or emails to a subject provided that the subject’s contact details have been obtained in the course of previous contact with the Charity or its services and the subject in question has been given the opportunity to opt-out of communications when their details were first collected and in every subsequent communication from the Charity.
The right to object to direct communications shall be explicitly offered to data subjects in a clear and intelligible manner and must be kept separate from other information in order to preserve its clarity.
If a data subject objects to direct communications, their request must be complied with promptly. A limited amount of personal data may be retained in such circumstances to the extent required to ensure that the data subject’s communication preferences continue to be complied with.
Data Breach Notification
All personal data breaches must be reported immediately to the Charity’s Data Protection Officer.
If an employee, agent, contractor, or other party working on behalf of the Charity becomes aware of or suspects that a personal data breach has occurred, they must not attempt to investigate it themselves. Any and all evidence relating to the personal data breach in question should be carefully retained.
If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer will report it to the Board immediately and must ensure that the Information Commissioner’s Office and the Charity Commission are informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
In the event that a personal data breach is likely to result in a high risk to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
Data breach notifications shall include the following information:
The categories and approximate number of data subjects concerned;
The categories and approximate number of personal data records concerned;
The name and contact details of the Charity’s data protection officer (or other contact point where more information can be obtained);
The likely consequences of the breach;
Details of the measures taken, or proposed to be taken, by the Charity to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
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