Data Proctection Policy
TORBAY HOSPITAL LEAGUE OF FRIENDS
DATA PROTECTION POLICY
This Policy sets out the obligations of The Torbay Hospital League of Friends, Highlyn, 6 Haldon Road, Torquay TQ1 2NA, a Charity with registered number 200905 (“the Charity”) regarding data protection in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The person responsible for Data Protection is the Honorary Secretary (“Hon.Sec”)- address as above.
“we” “us” “our” means the Torbay Hospital League of Friends
“you” means the user of this website and our services and facilities
We are committed to ensuring that your privacy is protected and understand the need for appropriate protection of all personal information provided by you to us.
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets our obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by us, our employees, agents, contractors, or other parties working on our behalf.
We are committed not only to the letter of the law, but also to the spirit of the law and place high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom we deal.
2. The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
1.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
1.2 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.
1.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
1.4 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.
1.5 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 GDPR in order to safeguard the rights and freedoms of the data subject.
1.6 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.
3. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
1.1 The right to be informed (Part 11).
1.2 The right of access (Part 12);
1.3 The right to rectification (Part 13);
1.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 14);
1.5 The right to restrict processing (Part 15);
1.6 The right to object (Part 16);
4. Lawful, Fair, and Transparent Data Processing
1.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
1.a.1 The data subject has given consent to the processing of their personal data for one or more specific purposes;
1.a.2 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 with them;
1.a.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;
1.a.4 The processing is necessary to protect the vital interests of the data subject or of another natural person;
1.a.5 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
1.a.6 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.
5. Specified, Explicit, and Legitimate Purposes
1.1 We collect and process the personal data set out in Part 17 of this Policy. This includes personal data collected directly from data subjects
1.2 We only collect, process, and hold personal data for the specific purposes set out in Part 17 of this Policy (or for other purposes expressly permitted by the GDPR).
1.3 Where we use contracted and trusted third parties to facilitate the provision of services and offers, we may share your Data with those parties for that purpose. This includes the processing and delivery of marketing communications to you, processing review and upgrade services and any other third party services engaged to perform payment, business support, operational or administrative function.
1.4 All Data is processed within the UK.
1.5 Third parties are subject to confidentiality obligations and may only use your personal Data to perform the necessary functions as requested by us and not for any other purposes.
1.7 We may also disclose personal Data as permitted or required by law. For instance, if asked by the police or HMRC, we may share your personal Data with them for the purposes of prevention and detection of crime.
1.8 Data subjects are kept informed at all times of the purpose or purposes for which the Charity uses their personal data. Please refer to Part 11 for more information on keeping data subjects informed.
6. Adequate, Relevant, and Limited Data Processing
We 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 (or will be informed) as under Part 5, above, and as set out in Part 17, below.
7. Accuracy of Data and Keeping Data Up-to-Date
1.1 We shall ensure that all personal data collected, processed, and held by us 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, as set out in Part 14, below.
1.2 The accuracy of personal data shall be checked when it is collected. 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.
8. Data Retention
1.1 We 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.
1.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
9. Secure Processing
We 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.
10. Accountability and Record-Keeping
1.1 The Hon Sec shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, and with the GDPR and other applicable data protection legislation.
1.2 We shall keep a record of all personal data collection, holding, and processing, which shall incorporate the following information:
2.a.1 The purposes for which we collect, hold, and process personal data;
2.a.2 Details of the categories of personal data collected, held, and processed by us, and the categories of data subject to which that personal data relates.
11. Keeping Data Subjects Informed
11.1 We shall provide the information set out in Part 11.2 to every data subject:
1.a.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
11.2 The following information shall be provided:
11.2.1 Our details including how to contact us,
11.2.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 17 of this Policy) and the legal basis justifying that collection and processing;
11.2.3 Where applicable, the legitimate interests upon which we are justifying the collection and processing of the personal data;
11.2.4 Details of data retention;
11.2.5 Details of the data subject’s rights under the GDPR;
11.2.6 Details of the data subject’s right to withdraw their consent to our processing of their personal data at any time;
11.2.7 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;
12 Data Subject Access
12.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which we hold about them, what it is doing with that personal data, and why.
12.2 Responses to SARs shall 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.
12.3 All SARs received shall be handled by the Hon Sec.
12.4 We do not charge a fee for the handling of normal SARs. We reserve the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
13 Rectification of Personal Data
13.1 Data subjects have the right to require us to rectify any of their personal data that is inaccurate or incomplete.
13.2 We shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing us 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.
13.3 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.
14 Erasure of Personal Data
14.1 Data subjects have the right to request that we erase the personal data it holds about them in the following circumstances:
14.1.1 It is no longer necessary for us to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
14.1.2 The data subject wishes to withdraw their consent to our holding and processing their personal data;
14.1.3 The data subject objects to us holding and processing their personal data (and there is no overriding legitimate interest to allow us to continue doing so) (see Part 16 of this Policy for further details concerning the right to object);
14.1.4 The personal data has been processed unlawfully;
14.1.5 The personal data needs to be erased in order for us to comply with a particular legal obligation
14.2 Unless we have 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.
14.3 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).
15 Restriction of Personal Data Processing
15.1 Data subjects may request that we cease processing the personal data we hold about them. If a data subject makes such a request, we 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.
15.2 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).
16 Objections to Personal Data Processing
16.1 Data subjects have the right to object to our processing their personal data based on legitimate interests, direct marketing (including profiling),
16.2 Where a data subject objects to our processing their personal data based on its legitimate interests, we shall cease such processing immediately, unless it can be demonstrated that our 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.
16.3 Where a data subject objects to our processing their personal data for direct marketing purposes, twe shall cease such processing immediately.
17 Personal Data Collected, Held, and Processed
17.1 The following personal data is collected, held, and processed us: -
17.1.1 Names of Individuals
17.1.3 Postal addresses
17.1.4 Email addresses
17.1.5 Telephone Numbers
17.1.6 Details of subscriptions
17.1.7 Bank details should you chose to make a donation
17.2 The personal data collected and processed by us may be used for the following purposes
17.1.1 Administration of membership(s)
17.1.2 Administration of donations and legacies
17.1.3 Research and statistical analysis
17.1.4 Communication about membership, fundraising and other activities that we think may be of interest to you
17.3 With your consent, we may contact you (via email or post) to tell you about appeals we are running, news generally about our activities or events we are putting on which we think may be of interest to you. Such communications are generally sent by email but we may sometimes use post. At any time, you may stop these communications by unsubscribing.
18 Data Security - Storage
We shall ensure that the following measures are taken with respect to the storage of personal data:
18.1 All electronic copies of personal data should be stored securely.
18.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a box, drawer, cabinet, or similar;
18.3 Personal data may only be transferred to devices belonging to Trustees of the Charity who have agreed to comply fully with the letter and spirit of this Policy and of the GDPR.
19 Data Security - Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of.
20 Data Security - Use of Personal Data
We shall ensure that the following measures are taken with respect to the use of personal data:
20.1 No personal data may be shared informally
20.2 No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on our behalf or not, without the authorisation of the Hon Sec;
20.3 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
20.4 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
20.5 Where personal data held by us is used for marketing purposes, it shall be the responsibility of the Hon Sec to ensure that the appropriate consent is obtained and that no data subjects have opted out.
21 Data Security - IT Security
We shall ensure that all passwords used to protect personal data should not use words or phrases that can be easily guessed or otherwise compromised.
22 Organisational Measures
We shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
22.1 All trustees, employees, agents, contractors, or other parties working on our behalf shall be made fully aware of both their individual responsibilities and our responsibilities under the GDPR and under this Policy,
22.2 Only trustees, employees, agents, sub-contractors, or other parties working on our behalf that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by us;
22.3 All trustees, agents, contractors, or other parties working on our behalf handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
22.4 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
22.5 All personal data held by us shall be reviewed periodically
22.6 Where any agent, contractor or other party working on our behalf handling personal data fails in their obligations under this Policy that party shall indemnify and hold us harmless against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
23 Data Breach Notification
23.1 All personal data breaches must be reported immediately to the Hon Sec.
23.2 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 Hon Secr must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
23.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 23.2) to the rights and freedoms of data subjects, the Hon Sec must ensure that all affected data subjects are informed of the breach directly and without undue delay.
23.4 Data breach notifications shall include the following information:
23.4.1 The categories and approximate number of data subjects concerned;
23.4.2 The categories and approximate number of personal data records concerned;
23.4.3 The name and contact details of the Hon Sec (or other contact point where more information can be obtained);
23.4.4 The likely consequences of the breach;
23.4.5 Details of the measures taken, or proposed to be taken, by us to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
24 Implementation of Policy
No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by The Management Committee of the Torbay Hospital League of Friends: