Latch | Data protection and GDPR policy

Latch Welsh Children’s Cancer Charity (“Latch”, “we”, “our”, “us”) considers the Personal Data it processes to be a vital asset which is of paramount importance to manage and protect ensuring compliance with the UK GDPR (as defined below).

Latch operates closely with NHS Wales Cardiff and University Health Board (“CAVUHB”) and acknowledges that the staff (employees), temporary workers and contractors engaged by CAVUHB for and on behalf of Latch (“Latch and CAVUHB Staff") must adhere to the policies and procedures of CAVUHB in relation to patient and personal identifiable data held by and shared between CAVUHB and Latch.

This General Data Protection Regulation Policy records Latch’s approach to data protection compliance to supplement the CAVUHB policies and procedures and to record the procedure to be followed for identifiable data in relation to all types of personal identifiable data held by Latch in every format including electronic data as held on computer, paper, imaging systems, visual and audio records, photographs, CCTV and any other media that records information traceable to an individual.

This policy applies to all Latch Team Members (as defined below)

In the event of any conflict or ambiguity between this policy and CAVUHB’s data protection policies and procedures which apply to Latch and CAVUHB Staff and their use of patient and worker identifiable data, CAVUHB’s policies and procedures shall prevail.

Interpretation
1. Definitions:
Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The UK GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
Automated Processing: any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing, as are many uses of artificial intelligence (AI) where they involve the processing of Personal Data.
Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject's wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them.
Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the UK GDPR. We are the Controller of all Personal Data relating used by us for our own charitable purposes.
Criminal Convictions Data: Personal Data relating to criminal convictions and offences, including Personal Data relating to criminal allegations and proceedings.
Beacon CRM: our relationship management system (when implemented).
Data Subjects: a living, identified or identifiable individual about whom we hold Personal Data.
Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity.
Data Protection Manager (DPM): the data privacy manager (the Head of Operations) or Latch’s data privacy team with responsibility for data protection compliance.
Latch Team Members: all Latch and CAVUHB Staff, any other employees, workers, contractors, agency workers and consultants (whether engaged by CAVUHB or Latch), volunteers and anyone else providing a service on behalf of Latch.
UK GDPR: the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) as defined in the Data Protection Act 2018. Personal Data is subject to the legal safeguards specified in the UK GDPR.
Personal Data: any information identifying a Data Subjects or information relating to a Data Subjects that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behaviour.
Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we, CAVUHB or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the UK GDPR.
Privacy Notices: separate notices setting out information that may be provided to Data Subjects when we collect information about them. These notices may take the form of:
1. general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy); or
2. stand-alone, one-time privacy statements covering Processing related to a specific purpose.
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person to whom the data relates cannot be identified without the use of additional information which is meant to be kept separately and secure.
Related Policies: Latch’s policies, operating procedures or processes related to this General Data Protection Regulation Policy and designed to protect Personal Data, including the IT Acceptable Use Policy, Record Retention Policy and the Social Media Policy available from the DPM.
ROPA: our internal Record of Processing Activities
Special Categories of Personal Data: information revealing physical or mental health conditions, racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, sexual life, sexual orientation, biometric or genetic data.
CAVUHB: Cardiff and Vale University Health Board operating under HNS Wales.
Introduction
1. This General Data Protection Regulation Policy sets out how we handle the Personal Data of patients (children) and their families (our service users), our supporters (donors, fundraisers and corporate partners), volunteers (trustees, ambassadors and general volunteers) and our employees and contractors.
This General Data Protection Regulation Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present service users, supporters, volunteers, employees and contractors.
1. This General Data Protection Regulation Policy applies to all Latch Team Members ("you", "your"). You must read, understand and comply with this General Data Protection Regulation Policy when Processing Personal Data on our behalf and attend training on its requirements. Data protection is the responsibility of everyone within Latch and this General Data Protection Regulation Policy sets out what we expect from you when handling Personal Data to enable us to comply with applicable law. Your compliance with this General Data Protection Regulation Policy is mandatory. Related Policies are available to help you interpret and act in accordance with this General Data Protection Regulation Policy. You must also comply with all those Related Policies.
2. Any breach of this General Data Protection Regulation Policy may result in (but not be limited to) disciplinary action and dismissal from your role or employment.
3. Where you have a specific responsibility in connection with Processing, such as capturing Consent, reporting a Personal Data Breach or conducting a DPIA as referenced in this General Data Protection Regulation Policy or otherwise, then you must comply with the Related Policies.
4. This General Data Protection Regulation Policy (together with Related Policies) is an internal document and cannot be shared with third parties, service users or regulators without prior authorisation from the DPM.
Scope of Policy and when to seek advice on data protection compliance
1. We recognise that the correct and lawful treatment of Personal Data will maintain trust and confidence in the organisation and allow us to continue to provide successful charitable operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. We are exposed to potential fines for failure to comply with the UK GDPR.
2. All individuals who process Personal Data on our behalf are responsible for ensuring all Latch Team Members comply with this General Data Protection Regulation Policy and need to implement appropriate practices, processes, controls and training to ensure that compliance.
3. The DPM is responsible for overseeing this General Data Protection Regulation Policy and, as applicable, developing Related Policies. That post is held by the Head of Operations.
4. Please contact the DPM with any questions about the operation of this General Data Protection Regulation Policy or the UK GDPR or if you have any concerns that this General Data Protection Regulation Policy is not being or has not been followed. In particular, you must always contact the DPM in the following circumstances:
  1. if you are unsure of the lawful basis on which you are relying to process Personal Data (including the legitimate interests we use) (see paragraph 5.1);
  2. if you need to rely on Consent or need to capture Explicit Consent (see paragraph 6);
  3. if you need to draft Privacy Notices (see paragraph 7);
  4. if you are unsure about the retention period for the Personal Data being Processed (see paragraph 11);
  5. if you are unsure what security or other measures you need to implement to protect Personal Data (see paragraph 12.1);
  6. if there has been a Personal Data Breach (paragraph 13);
  7. if you are unsure on what basis to transfer Personal Data outside the UK (see paragraph 14);
  8. if you need any assistance dealing with any rights invoked by a Data Subjects (see paragraph 15);
  9. whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA (see paragraph 19) or plan to use Personal Data for purposes other than for which it was collected (see paragraph 8);
  10. if you need help complying with applicable law when carrying out direct marketing activities (see paragraph 20); or
  11. if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including CAVUHB) (see paragraph 21).
Personal Data protection principles
1. We adhere to the principles relating to Processing of Personal Data set out in the UK GDPR which require Personal Data to be:
  1. Processed lawfully, fairly and in a transparent manner (lawfulness, fairness and transparency);
  2. collected only for specified, explicit and legitimate purposes (purpose limitation);
  3. adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (data minimisation);
  4. accurate and where necessary kept up to date (accuracy);
  5. not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (storage limitation);
  6. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (security, integrity and confidentiality);
  7. not transferred to another country without appropriate safeguards in place (transfer limitation); and
  8. made available to Data Subjects and allow Data Subjects to exercise certain rights in relation to their Personal Data (Data Subject's rights and requests).
2. We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (accountability).
Lawfulness, fairness and transparency
1. Personal Data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subjects.
2. You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. The UK GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing but ensure that we Process Personal Data fairly and without adversely affecting the Data Subjects.
3. The UK GDPR allows Processing for specific purposes, some of which are set out below:
  1. the Data Subjects has given their Consent;
  2. the Processing is necessary for the performance of a contract with/delivery of our charitable services to the Data Subjects;
  3. to meet our legal compliance obligations;
  4. to protect the Data Subject's vital interests; or
  5. to pursue our legitimate interests (or those of a third party) for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set out in applicable Privacy Notices.
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1. You must identify and document the legal ground being relied on for each Processing activity in accordance with the guidelines from the DPM.
Consent
1. A Data Subjects consents to Processing of their Personal Data if they clearly indicate agreement to the Processing. Consent requires affirmative action, so silence, pre-ticked boxes or inactivity will not be sufficient to indicate consent. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters.
2. A Data Subject must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Requests must be communicated to the DPM immediately and handled in accordance with our procedure for Dealing withData Subject Requests (Appendix 1).
3. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subjects first consented. If the purpose of the Processing should change, you must first contact the DPM prior to taking any further Processing steps (see paragraph 8.3).
4. When processing Special Category Data or Criminal Convictions Data, we will usually rely on a legal basis for processing other than Consent if possible. Where Consent is relied on, you must use the appropriate Consent form (whether computerised or manual) that we have specified for that purpose and issue the Data Subjects with the Privacy Notice. Personal Data recorded on the Consent form must be adequate, relevant and not excessive and no unnecessary information should be included.
5. You will need to evidence Consent captured and keep records of all Consents in accordance with Related Policies, so that we can demonstrate compliance with Consent requirements.
Transparency (notifying Data Subjects)
1. The UK GDPR requires a Controller to provide detailed, specific information to a Data Subject depending on whether the information was collected directly from the Data Subjects or from elsewhere. The information must be provided through an appropriate Privacy Notice which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
2. Whenever we collect Personal Data directly from Data Subjects, including for HR or employment purposes, including our service users as well as donors and supporters, we must provide the Data Subjects with all the information required by the UK GDPR including the identity of the Controller and DPM, and how and why we will use, Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.
3. When Personal Data is collected indirectly (for example, from a third party or publicly available source), we must provide the Data Subjects with all the information required by the UK GDPR as soon as possible after collecting or receiving the data. We must also check that the Personal Data was collected by the third party in accordance with the UK GDPR and on a basis, which contemplates our proposed Processing of that Personal Data.
4. If you are collecting Personal Data from a Data Subject, directly or indirectly, then you must provide the Data Subjects with a Privacy Notice.
Purpose limitation
1. Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.
2. You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subjects of the new purposes and they have Consented where necessary.
3. If you want to use Personal Data for a new or different purpose from that for which it was obtained, you must first contact the DPM for advice on how to do this in compliance with both the law and this General Data Protection Regulation Policy.
Data minimisation
1. Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
2. You may only Process Personal Data when performing your job or voluntary duties legitimately requires it. You cannot Process Personal Data for any reason unrelated to your job or voluntary duties. You are not permitted to:
  1. access your own, a relative’s, a friend’s or anyone else’s Personal Data for your or their own purposes;
  2. access any Personal Data where it is not a specific requirement of your job or volunteer duties;
  3. ask someone else who is permitted to access such Personal Data in the performance of their job or voluntary duties to access Personal Data on your behalf, unless such access is undertaken for a Purpose authorised in accordance with this General Data Protection Regulation Policy or any of the Related Policies.
3. You may only collect Personal Data that you require for your job or volunteer duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.
4. You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with our data retention guidelines under our Related Policies.
Accuracy
1. Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate in accordance with our procedure for Dealing with Data Subject Requests (Appendix 1).
2. Whenever Personal Data is updated, the updated information must be communicated to third parties to whom the Personal Data has been shared where their processing of inaccurate Personal Data will have a direct effect on the Data Subjects.
3. You must ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data in line with Related Policies.
Storage limitation
1. Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
2. We will maintain retention policies and procedures to ensure Personal Data is deleted after an appropriate time, unless a law requires that data to be kept for a minimum time. You must comply with our Data Retention Policy.
3. You must not keep Personal Data in a form which permits the identification of the Data Subjects for longer than needed for the legitimate purpose or purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.
4. You will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with our Data Retention Policy. This also details the correct method of disposal to ensure compliance with the applicable laws. This includes requiring third parties to delete that data where applicable.
5. You will ensure Data Subjects are provided with information about the period for which data is stored and how that period is determined in any applicable Privacy Notice.
Security integrity and confidentiality
1. Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
2. We will develop, implement and maintain safeguards appropriate to our size, scope and available resources, the amount of Personal Data that we own or maintain on behalf of others, and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data.
3. You are responsible for protecting the Personal Data we hold. You must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise particular care in protecting Special Categories of Personal Data and Criminal Convictions Data from loss and unauthorised access, use or disclosure.
4. You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who show appropriate authorisation via access control to CAVUHB systems or who agree to comply with our required policies and procedures.
5. You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
  1. Confidentiality:
    1. only people who have a need to know and are authorised to use the Personal Data can access it;
    2. all manual records of Personal Data must be stored in a secure environment, in lockable cabinets with restricted access, they must not be left on desks overnight or over weekends or holiday periods;
    3. all electronic records should be referenced appropriately and filed correctly in Beacon CRM, in the correct relationship file and in such a way that can be easily understood and followed by Latch Team Members to allow for document tracking and tracing;
    4. Electronic records should not be routinely stored within Latch’s S:/ drive on the CAVUHB system. It may be used for the temporary storage of records required for analysis and reporting purposes, such records should be stored in an appropriately structured and referenced filing system, with user access controls as appropriate. Records must be transferred to Beacon CRM as soon as reasonably practical;
    5. instant messaging on mobile telephones should only be undertaken on WhatsApp or other encrypted messaging service as approved by the DPM and a record of the messages must be uploaded to Beacon CRM or Latch’s S:/ drive on the CAVUHB system (as permitted under this policy) as soon as reasonably practical and, in any event, within 24 hours of the time the messages were made or received;
    6. in no circumstances must any Personal Data be accessed or stored on personal devices;
    7. Personal Data must not be stored on the desktop of any electronic device but must be uploaded to Beacon CRM or Latch’s S:/ drive on the CAVUHB system (as permitted under this policy) as soon as reasonably practical and, in any event, within 24 hours of the time the Personal Data was received;
    8. you must take all practicable measures to ensure that Personal Data cannot be inadvertently viewed by unauthorised persons whilst you are Processing it;
    9. you must comply with Related Policies, including the Data Retention Policy and IT Acceptable Use Policy.
  2. Integrity: Personal Data is accurate and suitable for the purpose for which it is processed; and
  3. Availability: authorised users are able to access the Personal Data when they need it for authorised purposes.
6. You must comply with and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the UK GDPR and relevant standards to protect Personal Data.
Reporting a Personal Data Breach
1. The UK GDPR requires Controllers to notify any Personal Data Breach to the Information Commissioner and, in certain instances, the Data Subjects. A breach includes but is not limited to the following: loss of Personal Data, disclosure to an incorrect or unauthorised person, unauthorised access to Personal Data.
2. We have put in place procedures to deal with any suspected Personal Data Breach and will notify the Data Subjects or any applicable regulator where we are legally required to do so.
3. If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the DPM and follow the procedure set out under Dealing with Data Subject Requests (Appendix 1). You should preserve all evidence relating to the potential Personal Data Breach.
Transfer limitation
1. The UK GDPR restricts data transfers to countries outside the UK to ensure that the level of data protection afforded to individuals by the UK GDPR is not undermined. A data transfer outside the UK is deemed to occur when you transmit, send, view or access that data in or to a different country. This includes where Personal Data is placed on the internet.
2. If you are transferring Personal Data in this way, you will ensure that Data Subjects are provided with this information in any applicable Privacy Notice and that an appropriate Consent form is first obtained (where required).
3. You may only transfer Personal Data outside the UK if one of the following conditions applies:
  1. the UK has issued regulations confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subject’s rights and freedoms;
  2. appropriate safeguards are in place such as binding corporate rules, standard contractual clauses approved for use in the UK, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the DPM;
  3. the Data Subject has provided Consent to the proposed transfer after being informed of any potential risks; or
  4. the transfer is necessary for one of the other reasons set out in the UK GDPR including:
    1. the performance of a contract between us and the Data Subject or delivery of a charitable service to a Data Subject;
    2. reasons of public interest;
    3. to establish, exercise or defend legal claims;
    4. to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent; and
    5. in some limited cases, for our legitimate interest.
Data Subjects’ rights and requests
1. A Data Subject has rights when it comes to how we handle their Personal Data. These include rights to:
  1. withdraw Consent to Processing at any time;
  2. receive certain information about our Processing activities;
  3. request access to their Personal Data that we hold (including receiving a copy of their Personal Data);
  4. prevent our use of their Personal Data for direct marketing purposes;
  5. ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
  6. restrict Processing in specific circumstances;
  7. object to Processing which has been justified on the basis of our legitimate interests or in the public interest;
  8. request a copy of an agreement under which Personal Data is transferred outside of the UK;
  9. object to decisions based solely on Automated Processing, including profiling (ADM);
  10. prevent Processing that is likely to cause damage or distress to the Data Subjects or anyone else;
  11. be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
  12. make a complaint to the supervisory authority; and
  13. in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine-readable format.
2. You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
3. You must immediately forward any Data Subjects request you receive to the DPM and comply with our procedure for Dealing with Data Subject Requests (Appendix 1).
Accountability
1. We will implement appropriate technical and organisational measures in an effective manner to ensure compliance with data protection principles.
2. We must have adequate resources and controls in place to ensure and to document UK GDPR compliance including:
  1. appointing a suitably qualified Data Protection Officer (where necessary) or a DPM to be accountable for data privacy;
  2. implementing appropriate security measures when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
  3. integrating data protection into internal documents including this General Data Protection Regulation Policy, Related Policies or Privacy Notices;
  4. regularly training Latch Team Members on the UK GDPR, this General Data Protection Regulation Policy, Related Policies and data protection matters including, for example, a Data Subject's rights, Consent, legal basis, DPIA and Personal Data Breaches. We must maintain a record of training attendance by Latch Team Members; and
  5. regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
Record keeping
1. The UK GDPR requires us to keep full and accurate records of all our data Processing activities.
2. You must keep and maintain accurate records reflecting our Processing including records of Data Subjects' Consents and procedures for obtaining Consents in accordance with our record-keeping guidelines.
3. These records should include, at a minimum:
  1. the name and contact details of the Controller and the DPM; and
  2. clear descriptions of:
    1. the Personal Data types;
    2. the Data Subject types;
    3. the Processing activities;
    4. the Processing purposes;
    5. the third-party recipients of the Personal Data;
    6. the Personal Data storage locations;
    7. the Personal Data transfers;
    8. the Personal Data's retention period; and
    9. the security measures in place.
4. We have created the ROPA as a record of our Processing activities. Please ensure that any changes required to the records held on the ROPA are promptly communicated to the DPM.
Training and audit
1. We are required to ensure all Latch Team Members have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.
2. You must undergo all mandatory data privacy-related training.
3. You must regularly review all the systems and processes under your control to ensure they comply with this General Data Protection Regulation Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.
Privacy by Design and Data Protection Impact Assessment (DPIA)
1. We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.
2. You must comply with Relevant Policies and notify the DPM of any breaches, concerns or potential improvements that could be implemented on all programmes, systems or processes that Process Personal Data by taking into account the following:
  1. The state of the art.
  2. The cost of implementation.
  3. The nature, scope, context and purposes of Processing.
  4. The risks of varying likelihood and severity for rights and freedoms of the Data Subjects posed by the Processing.
3. We will conduct a DPIA when implementing major system or business change programs involving the Processing of Personal Data including:
  1. Use of new technologies (programs, systems or processes, including the use of AI), or changing technologies (programs, systems or processes).
  2. Automated Processing including profiling and ADM.
  3. Large-scale Processing of Special Categories of Personal Data or Criminal Convictions Data.
  4. Large-scale, systematic monitoring of a publicly accessible area.
4. A DPIA must include:
  1. A description of the Processing, its purposes and the Controller's legitimate interests if appropriate.
  2. An assessment of the necessity and proportionality of the Processing in relation to its purpose.
  3. An assessment of the risk to individuals.
  4. The risk mitigation measures in place and demonstration of compliance.
Direct marketing
1. We are subject to certain rules and privacy laws when engaging in direct marketing to our service users, supporters and prospective supporters (for example when sending marketing emails or making telephone marketing calls).
2. For example, a Data Subject's prior consent is generally required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing service users or supporters known as "soft opt-in" allows us to send marketing texts or emails without consent if we:
  1. have obtained contact details in the course of providing a service to that person or receiving their prior support.
  2. are marketing related services for similar fundraising events and opportunities.
  3. gave the person an opportunity to opt out of marketing when first collecting their details and in every subsequent marketing message.
3. The right to object to direct marketing must be explicitly offered to Data Subjects in an intelligible manner so that it is clearly distinguishable from other information.
4. A Data Subject's objection to direct marketing must always be promptly honoured. If a person opts out of marketing at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
5. You should consult with the DPM if you are unsure regarding how to comply with these guidelines or the law.
Sharing Personal Data
1. Generally, we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
2. You may only share the Personal Data we hold with another employee, worker, contractor or volunteer if the recipient has a specific job/volunteer-related need to know the information.
3. When disclosing Personal Data, care must be taken to ensure that only sufficient Personal Data necessary to satisfy the purpose of that disclosure is met and no excessive Personal Data is transferred.
4. When disclosing Personal Data, care must be taken to ensure that the transfer maintains the integrity and confidentiality of the Personal Data in accordance with Relevant Policies.
5. You may only share the Personal Data we hold with third parties, such as CAVUHB or our other service providers, if:
  1. they have a need to know the information for the purposes of providing the specific services;
  2. sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject's Consent has been obtained;
  3. the third party has agreed to comply with the required data security standards, policies and procedures, and put adequate security measures in place;
  4. the transfer complies with any applicable cross-border transfer restrictions; and
  5. a fully executed written contract that contains UK GDPR-approved third party clauses has been obtained.
Changes to this General Data Protection Regulation Policy
1. We keep this General Data Protection Regulation Policy under regular review. It is intended to be reviewed as follows:
  1. the review date identified on the front cover sheet;
  2. changes in applicable legislation;
  3. changes in internal practices, including a change in the systems or technologies we use; or
  4. upon review by CAVUHB of its related policies and procedures.
2. This General Data Protection Regulation Policy does not override any applicable national data privacy laws and regulations in England Wales, which is where we operate.

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