Data Protection

Name of organisation: System Restore (UK)

Aims of this Policy

System Restore UK needs to keep certain information on its employees and service users to carry out its day to day operations, to meet its objectives and to comply with legal obligations.

The organisation is committed to ensuring any personal data will be dealt with in line with the Data Protection Act 1998. To comply with the law, personal information will be collected and used fairly, stored safely and not disclosed to any other person unlawfully.

The aim of this policy is to ensure that everyone handling personal data is fully aware of the requirements and acts in accordance with data protection procedures. This document also highlights key data protection procedures within the organisation.

This policy covers employed staff and service users.

Definitions

In line with the Data Protection Act 1998 principles, System Restore UK will ensure that personal data will:

• Be obtained fairly and lawfully and shall not be processed unless certain conditions are met
• Be obtained for a specific and lawful purpose
• Be adequate, relevant but not excessive
• Be accurate and kept up to date
• Not be held longer than necessary
• Be processed in accordance with the rights of data subjects
• Be subject to appropriate security measures
• Not to be transferred outside the European Economic Area (EEA)

The definition of ‘Processing’ is obtaining, using, holding, amending, disclosing, destroying and deleting personal data. This includes some paper based personal data as well as that kept on computer.

The Personal Data Guardianship Code suggests five key principles of good data governance on which best practice is based. The organisation will seek to abide by this code in relation to all the personal data it processes, i.e.

• Accountability: those handling personal data follow publicised data principles to help gain public trust and safeguard personal data.
• Visibility: Data subjects should have access to the information about themselves that an organisation holds. This includes the right to have incorrect personal data corrected and to know who has had access to this data.
• Consent: The collection and use of personal data must be fair and lawful and in accordance with the DPA’s eight data protection principles. Personal data should only be used for the purposes agreed by the data subject. If personal data is to be shared with a third party or used for another purpose, the data subject’s consent should be explicitly obtained.
• Access: Everyone should have the right to know the roles and groups of people within an organisation who have access to their personal data and who has used this data.
• Stewardship: Those collecting personal data have a duty of care to protect this data throughout the data life span.

Type of information processed

System Restore processes the following personal information:

• Information on applicants for posts, including references

• Employee information – contact details, bank account number, payroll information, supervision and appraisal notes.
• Members – contact details
• Users – contact details

Personal information may be kept in the following forms: Religious beliefs, physical or mental health.

Groups of people within the organisation who will process personal information are: employed staff.

Notification

The needs we have for processing personal data are recorded on the public register maintained by the Information Commissioner.  We notify and renew our notification on an annual basis as the law requires.

If there are any interim changes, these will be notified to the Information Commissioner within 28 days.

The name of the Data Controller within our organisation as specified in our notification to the Information Commissioner  is Matthew Crane

Responsibilities

Under the Data Protection Guardianship Code, overall responsibility for personal data in a not for profit organisation rests with the governing body. In the case of (insert name of organisation), this is the (insert title of governing body).

(Adapt as appropriate- dependent on whether the organisation completes notification to the Information Officer) The governing body delegates tasks to the Data Controller. The Data Controller is responsible for:

• understanding and communicating  obligations under the Act
• identifying potential problem areas or risks
• producing clear and effective procedures
• notifying and annually renewing notification to the Information Commissioner, plus notifying of any relevant interim changes

All employed staff who process personal information must ensure they not only understand but also act in line with this policy and the data protection principles.

Breach of this policy will result in disciplinary action for employed staff.

Policy Implementation

To meet our responsibilities employed staff will:

• Ensure any personal data is collected in a fair and lawful way;
• Explain why it is needed at the start;
• Ensure that only the minimum amount of information needed is collected and used;
• Ensure the information used is up to date and accurate;
• Review the length of time information is held;
• Ensure it is kept safely;
• Ensure the rights people have in relation to their personal data can be exercised

We will ensure that:

• Everyone managing and handling personal information is trained to do so.
• Anyone wanting to make enquiries about handling personal information, whether a member of staff, volunteer or service user, knows what to do;
• Any disclosure of personal data will be in line with our procedures.
• Queries about handling personal information will be dealt with swiftly and politely.

Training

Training and awareness raising about the Data Protection Act and how it is followed in this organisation will take the following forms:

On induction:

• This policy
• Recipients will sign for information received as proof of receipt and understanding?
• Other guidelines that cover: not disclosing passwords, keeping files locked and location of keys private and primary identification number/payment card/account information secure.

Awareness raising:

• Annual reminders about the policy in a team meeting or supervision meeting.

Gathering and Checking Information

Before personal information is collected, we will consider: its relevance and whether is it necessary to collect this information.

We will take the following measures to ensure that personal information kept is accurate by checking annual with the information owner

Personal sensitive information will not be used apart from the exact purpose for which permission was given.

Data Security

The organisation will take steps to ensure that personal data is kept secure at all times against unauthorised or unlawful loss or disclosure. The following measures will be taken: Creation of new passwords every three months. Encryption of sensitive data.

Any unauthorised disclosure of personal data to a third party by an employee may result in disciplinary action..

Subject Access Requests

Anyone whose personal information we process has the right to know:

• What information we hold and process on them
• How to gain access to this information
• How to keep it up to date
• What we are doing to comply with the Act.

They also have the right to prevent processing of their personal data in some circumstances and the right to correct, rectify, block or erase information regarded as wrong.

The following information will be required before access is granted: Reason for request and intention of disclosure of information.

We may also require proof of identity before access is granted. The following forms of ID will be required: Passport or Driving License and 1 household bill.

Queries about handling personal information will be dealt with swiftly and politely.

We will aim to comply with requests for access to personal information as soon as possible, but will ensure it is provided within the 40 days required by the Act from receiving the written request (and relevant fee).

Reviews

This policy will be reviewed at intervals of 1 year to ensure it remains up to date and compliant with the law.