Data Protection Policy & General Data Protection Regulation (GDPR)
The D Foundation needs to collect personal information about people with whom it deals with, in order to carry out its business and provide its services. Such people include employees (present, past and prospective), customers (employers and learners), suppliers and other business contacts.
In addition, we need to collect and use certain types of personal information to comply with the requirements of the funding guidelines and the law. No matter how it is collected, recorded and used (e.g. paper based or computer-based system) this personal information must be dealt with properly to ensure compliance with the Data Protection Act 2018 and GDPR.
The lawful and proper treatment of personal information held by The D Foundation is extremely important to the success of our business and in order to maintain the confidence of our employees and customers, we commit to ensure that we treat personal information lawfully and correctly. The D Foundation has a number of procedures in place to ensure privacy while protecting data and keep data protected from corruption and unauthorized access.
In addition to the Data Protection Act 2018 it is important that the requirements of the General Data Protection Regulations (GDPR) is also adhered to regarding personal data
We take our data protection duties seriously, because we respect the trust that is being placed in us to use personal information appropriately and responsibly.
About This Policy
This policy, and any other documents referred to in it, sets out the basis on which we will process any personal data we collect or process.
Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Controller or reported in line with the organisations Whistleblowing Policy or Grievance Policy.
Data Protection Principles
Anyone processing personal data, must ensure that data is:
a. Processed fairly, lawfully and in a transparent manner.
b. Collected for specified, explicit and legitimate purposes and any further processing is completed for a compatible purpose.
c. Adequate, relevant and limited to what is necessary for the intended purposes.
d. Accurate, and where necessary, kept up to date.
e. Kept in a form which permits identification for no longer than necessary for the intended purposes.
f. Processed in line with the individual’s rights and 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.
g. Not transferred to people or organisations situated in countries without adequate protection and without firstly having advised the individual.
All staff are responsible for ensuring that any personal data (on others) which they hold is kept securely and that it is not disclosed to any unauthorised third party.
All personal data should be accessible only to those who need to use it and storage will consider both sensitivity and value of the information in question:
• In a lockable room with controlled access or
• In a locked drawer or filing cabinet or
• If computerised, password protected or
• Kept on other storage devices which are themselves kept securely
Care should be taken to ensure that PCs and terminals are not visible except to authorized staff and that computer passwords remain confidential. PC screens should not be left unattended without password protected screen savers and manual records should not be left where they can be accessed by unauthorized personnel.
Appropriate security measures must be in place for the deletion and disposal of personal data. Manual records will be shredded, and hard drives of redundant PCs will be wiped clean before disposal. This policy also applies to staff that process personal data away from The D Foundation premises. These staff must take particular care to ensure the safe and confidential storage of personal data and immediately report any potential risk or breach of company standards.
• Ensure that there is always one person with overall responsibility for Data Protection
• Provide awareness for all staff members who handle personal information
• Provide clear lines of report and supervision for compliance with Data Protection
• Carry out regular checks to monitor and assess systems for processing of personal data
Employees of The D Foundation will, through appropriate training and responsible management:
• Observe all forms of guidance, codes of practice and procedures about the collection and use of personal information
• Understand fully the purposes for which The D Foundation uses personal information
• Collect and process appropriate information, and only in accordance with the purposes for which it is to be used by the company to meet its business needs or legal requirements
• Ensure the information is destroyed (in accordance with the provisions of the Act) when it is no longer required
• Not send information outside of the UK without the authority of their manager
• Ensure that the information is correctly input into the company’s systems
When we collect any personal data, we will inform the individual why data is being collected and what it is intended to use it for.
Where we collect any sensitive data, we will take appropriate steps to ensure that we have explicit consent to hold, use and retain the information. Sensitive data is personal data about an individual’s racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health, sexual orientation, details of the commission or alleged commission of any offence and any court proceedings relating to the commission of an offence.
What is Personal Data?
Personal data means data (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data (or from that data and other information in our possession).
Processing is any activity that involves use of personal data. It includes obtaining, recording or holding the data, organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes personal data about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic, biometric, physical or mental health condition, sexual orientation or sexual life. It can also include data about criminal offences or convictions. Sensitive personal data can only be processed under strict conditions, including with the consent of the individual.
Fair and Lawful Processing
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual. In accordance with the Data Protection Requirements, we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): whether the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.
Processing for Limited Purposes
During our business, we may collect and process personal data. This may include data we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, location data, business partners, sub-contractors in technical, payment and delivery services, and others).
We will only process personal data for the specific purposes of our business requirements or for any other purposes specifically permitted by the Data Protection Requirements.
If we collect personal data directly from an individual, we will inform them, when requested, about how we intend to hold and communicate their personal data, including:
a. The purpose or purposes for which we intend to process that personal data, as well as the legal basis for the processing.
b. Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
c. The types of third parties, if any, with which we will share or disclose that personal data.
d. How individuals can limit our use and disclosure of their personal data.
e. Information about the period that their information will be stored, or the criteria used to determine that period.
f. Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
g. Their right to object to processing and their right to data portability.
h. Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
i. The right to lodge a complaint with the Information Commissioners Office.
j. Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
k. Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
l. The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible but at the latest within 1 month.
Adequate, Relevant and Non-excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
We will not keep personal data longer than is necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.
Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular their right to:
a. Confirmation as to whether or not personal data concerning the individual is being processed.
b. Request access to any data held about them by a data
c. Request rectification, erasure or restriction on processing of their personal data.
d. Lodge a complaint with a supervisory authority.
e. Data portability.
f. Object to processing including for direct marketing.
g. Not be subject to automated decision-making including profiling in certain circumstances.
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction.
Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
a. Confidentiality means that only people who are authorised to use the data can access it.
b. Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
c. Availability means that authorised users should be able to access the data if they need it for authorised purposes.
Security procedures include:
a. Entry controls. Any stranger seen in entry-controlled areas should be reported.
b. Secure lockable cupboards. Cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
c. Methods of disposal. Paper documents should be shredded. Digital storage devices should be physically destroyed when they are no longer required.
d. Equipment. Staff must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Transferring Personal Data Outside of the EEA.
We may transfer any personal data we hold to a country outside the European Economic Area (‘EEA’) or to an international organisation, provided that one of the following conditions applies:
a. The country to which the personal data are transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
b. The data subject has given his consent.
c. The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
d. The transfer is legally required on important public interest grounds or for the establishment, exercise or defense of legal claims.
e. The transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.
Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.
Subject Access Requests
Individuals must make a formal written request for information we hold about them. Employees who receive a request should acknowledge the request and forward it to the Data Controller immediately.
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
a. We will check the caller’s identity to make sure that information is only given to a person who is entitled to it. Checks can include Postcode, Home Learning Number etc.
b. On all occasions we will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
Where a request is made electronically, data will be provided electronically where possible. Our employees will refer a request to their line manager for assistance in difficult situations.
Changes to this Policy
We reserve the right to change this policy at any time. Where appropriate, we will notify changes by mail or email.
This document will be reviewed annually or whenever there is a change in statutory law or best practice.