The Victoria Hall Charity (VHC) is 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 VHC. 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, employees and volunteers are personally responsible for processing and using personal information in accordance with the Data Protection Act and GDPR. Trustees, employees and volunteers who have access to personal information will therefore be expected to read and comply with this policy.
The purpose of this policy is to set out the VHC 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 we deal with. We recognise the risks to individuals of identity theft and financial loss if personal data is lost or stolen.
Definitions of the terms used:
- Data Controller – the trustees who collectively decide what personal information VHC 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 VHC follows its data protection policy and complies with the Act. [VHC is not required to appoint a DPO].
- Data Subject – the individual whose personal information is being held or processed by VHC, 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”.
- 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 – 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 six principles for processing personal data with which we must comply.
- 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 purposes.
- 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.
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 halls, their hirings and finances. We also collect personal date to inform you via email, on a monthly basis, of the events that are occurring in the following month. It is our responsibility to ensure the data is only used for this purpose. Access to personal information will be limited to trustees, employees and volunteers.
Individuals have a right to make a Subject Access Request (SAR) to find out whether the Charity holds their personal data, where it is held, what it is used for. They are entitled 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.
VHC 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:
- Collect and use information fairly.
- Specify the purposes for which information is used.
- 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.
- Ensure the quality of information used.
- Ensure the rights of people about whom information is held, can be exercised under the Act. These include:
- The right to be informed that processing is undertaken.
- The right of access to one’s personal information.
- The right to prevent processing in certain circumstances.
- The right to correct, rectify, block or erase information which is regarded as wrong information.
- Take appropriate technical and organisational security measures to safeguard personal information.
- Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information.
- Set out clear procedures for responding to requests for information.
All trustees, employees and volunteers are aware that a breach of the rules and procedures identified in this policy may lead to action being taken against them. In the event that a breach has occurred the Chairman of VHC must be notified immediately and a full investigation should take place. Remedial action must be taken and stakeholders contacted as appropriate.