Data Protection
UK Youth Operations
This policy sets out the obligations of UK Youth regarding data protection and the rights of customers, business contacts, employees, trustees, volunteers, participants, supporters, donors and any other data subjects engaged with the Charity in respect of their personal data, under Data Protection Legislation such as the General Data Protection Regulation (GDPR) and the Data Protection Act (DPA) 2018.
It also 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 UK Youth, its employees, trustees, volunteers, agents, contractors or any other parties working on behalf of UK Youth.
UK Youth is registered with the Information Commissioner’s Office registration reference Z5657968. As a Controller of personal data, UK Youth recognises its duty to ensure that all such data is handled properly and confidentially at all times, irrespective of whether it is held on paper or by electronic means and covers the whole lifecycle of it.
UK Youth as a body is a Data Controller, the CEO has delegated authority to the Director of Operations & Avon Tyrrell for the implementation of this policy, supported by the Leadership Team and all staff.
Definitions
Data Owner – is the person or entity which can authorise or deny access to certain data and is responsible for its accuracy and integrity.
Data Subject – the individual who is the subject of personal and sensitive information. NB; the data protection act does not count as a data subject a deceased individual or an individual who cannot be distinguished from others.
Personal Data – any information relating to an identified or identifiable natural person (‘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.
Data Controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Data Processor – a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Personal Information – means information that identifies someone as an individual, such as: 3 | P a g e July 19
▪ personal details
▪ family details
▪ lifestyle and social circumstances
▪ financial details
▪ education and employment
▪ visual images
Sensitive Personal Information – means information about:
▪ physical or mental health details
▪ racial or ethnic origin
▪ religious or other beliefs of a similar nature
▪ offences and alleged offences
▪ criminal proceedings, outcomes and sentences
Data protection principles
The General Data Protection Regulation, regulates the data processing relating to living and identifiable individuals. This includes the obtaining, holding, using or disclosing of such information, and covers computerised records as well as manual filing systems. The principles apply to “personal and sensitive personal data” from which the subjects of that data are identifiable. UK Youth employees, volunteers, freelancers and trustees who process, use or have access to any personal information in the course of their duties, will ensure that these principles are followed at all times.
UK Youth data users must comply with the data protection principles of good practice which underpin the Data Protection Act. To comply with the law, information must be collected and used fairly, stored safely and not disclosed to any other person unlawfully.
UK Youth follows the Data Protection Principles outlined in General Data Protection Regulation, which are summarised below:
▪ Personal data will be processed fairly, lawfully and in a transparent manner;
▪ Data will only be collected and used for specified, explicit and legitimate purposes;
▪ Data will be adequate, relevant and not excessive;
▪ Data will be accurate and up to date;
▪ Data will not be held any longer than necessary;
▪ Data subject’s rights will be respected;
▪ Data will be kept safe from unauthorised access, accidental loss or damage;
▪ 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;
▪ Data will not routinely be transferred to a country outside the European Economic Area, unless that country has equivalent levels of protection for personal data.
Rights of data subjects
GDPR provides the following eight rights for individuals: 4 | P a g e July 19
1. The Right to Be Informed
UK Youth’s Data Protection Officer can be contacted by:
- • emailing dataprotection@ukyouth.org or
- • post, marked FAO Data Protection Officer, UK Youth, Avon TyrrellOutdoor Centre, Bransgore, Hampshire, BH23 8EE.
The Data Protection Officer is the Director of Operations and Avon Tyrrell who is responsible for overseeing the implementation of this policy and for monitoring compliance with this policy and any other UK Youth linked policies & procedures.
UK Youth keeps secure records of all personal data collection, holding and processing, which incorporates the following information:
▪ The name and details of UK Youth, its Data Protection Officer and any applicable third-party data processors;
▪ The purposes for which UK Youth collects, holds and processes personal data;
▪ Details of the categories of personal data collected, held and processed by UK Youth and the categories of data subject to which that personal data relates;
▪ Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
▪ Details of how long personal data will be retained by UK Youth;
▪ Detailed descriptions of all technical and organisational measures taken by UK Youth to ensure the security of personal data.
Keeping Data Subjects Informed (Privacy Rights)
UK Youth has an overarching and organisational Consent & Privacy document that underpins all departmental privacy notices. Privacy notices are the best way for us to tell individuals (e.g. customers, staff, volunteers, trustees etc.) why and how we use personal and sensitive information. The notices are used to share the specific detail on personal data processes that we have in place across individual departments and teams.
UK Youth will:
▪ Where personal data is collected directly from data subjects, they will be informed of its purpose at the time of collection;
▪ Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose normally at the time of sharing or as soon as reasonably possible after the personal data is obtained.
The following information will be provided, usually in departmental privacy notices:
▪ The purpose(s) for which the personal data is being collected and will be processed and the legal basis justifying that collection and processing;
▪ Where applicable, the legitimate interests upon which UK Youth is justifying its collection
and processing of the personal data;
▪ Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
▪ Where the personal data is to be transferred to one or more third parties, details of those parties;
▪ Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (EEA), details of that transfer, including but not limited to the safeguards in place;
▪ Details of data retention;
▪ Details of the data subject’s rights under Data Protection Legislation;
▪ Where applicable, details of the data subject’s right to withdraw their consent to UK Youth processing their personal data at any time;
▪ Details of the data subject’s right to complain to the Information Commissioner’s Office, the regulator;
▪ Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data;
▪ Where applicable, details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions and any consequences.
2. The Right of Access (Subject Access Requests)
Data subjects may make Subject Access Requests (SAR) at any time to find out more about the personal data which UK Youth holds about them, what we are doing with that personal data and why.
Anyone wishing to make a SAR must complete the Subject Access Request Form and send to UK Youth’s Data Protection Officer by:
- • emailing dataprotection@ukyouth.org or
- • post, marked FAO Data Protection Officer, UK Youth, Avon TyrrellOutdoor Centre, Bransgore, Hampshire, BH23 8EE.
Responses to SARs shall normally be made within 30 calendar days of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If additional time is required, the data subject will be notified.
All SARs received shall be handled by the Data Protection Officer who will be supported by staff from other departments when requested.
We do not charge a fee for the handling of normal SARs but we reserve the right to charge reasonable fees for additional copies of information that have already been supplied to a data subject, and/or for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
3. The Right to Rectification
Data subjects have the right to rectify any of their personal data that is inaccurate or incomplete. We will rectify the personal data in question and inform the data subject of that rectification, as quickly as possible, but within one month of the data subject informing UK Youth 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.
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 record and will be asked to confirm the changes have been appropriately amended.
4. The Right to Erasure (‘the right to be forgotten’)
Data subjects have the right to request that UK Youth erases the personal data we hold about them in the following circumstances:
▪ 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;
▪ The data subject wishes to withdraw their consent to UK Youth holding and processing their personal data;
▪ The data subject objects to UK Youth holding and processing their personal data (and there is no overriding legitimate interest to allow UK Youth to continue doing so)
▪ The personal data has been processed unlawfully;
▪ The personal data needs to be erased in order for UK Youth to comply with a particular legal obligation;
▪ The personal data is being held and processed for the purpose of providing information services to a child.
Unless UK Youth has 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 30 calendar days 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.
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 need for erasure (unless it is impossible or would require disproportionate effort to do so).
5. The Right to Restrict Processing
Data subjects may request that we cease processing the personal data we hold about them. If a data subject makes such a request, UK Youth will 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.
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).
6. The Right to Data Portability
Business processes should allow individuals to move, copy or transfer their personal data from one environment to another in a safe and secure way, without any hindrance to the usability of the data.
The right to data portability only applies when each of the following are met:
▪ The personal data an individual has provided to a controller;
▪ Where the processing is based on the individual’s consent or the performance of a contract;
▪ When processing is carried out by automated means. (‘Processing by automated means’ is defined as personal data processed electronically, for example on a computer, smart phone or call recording software).
7. The Right to Object
Data subjects have the right to object to UK Youth processing their personal data based on legitimate interests, direct marketing (including profiling) and processing for scientific and/or historical research and statistics purposes.
Where a data subject objects to UK Youth processing their personal data based on our legitimate interests, we will cease such processing immediately, unless it can be demonstrated that UK Youth’s 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.
Where a data subject objects to UK Youth processing their personal data for direct marketing purposes, UK Youth shall cease such processing immediately.
8. Rights with Respect to Automated Decision Making and Profiling
UK Youth does not usually use personal data in any automated decision-making processes.
Where such decisions have a legal (or similarly significant effect) on data subjects, those data subjects have the right under the GDPR to challenge such decisions, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from UK Youth.
The right described above does not apply in the following circumstances:
▪ The decision is necessary for entry into, or the performance of, a contract between UK Youth and the data subject;
▪ The decision is authorised by law; or
▪ The data subject has given their explicit consent.
UK Youth may use personal data for profiling purposes. When personal data is used for profiling purposes, the following shall apply:
▪ Clear information explaining the profiling shall be provided to data subjects, including the significance and likely consequences of the profiling;
▪ Appropriate mathematical or statistical procedures shall be used;
▪ Technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable them to be easily corrected; and
▪ All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising from profiling.
DATA SECURITY
UK Youth will ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
▪ Personal data must never be included within the subject line or message body of an email;
▪ All personal data documents legitimately transmitted via IT systems (e.g. email) must be protected using a strong password and marked “confidential”
▪ Personal data may be transmitted over secure networks only. Transmission over unsecured networks is not permitted in any circumstances
▪ Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated must also be deleted
▪ Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using Special Delivery post and
▪ All personal data to be transferred physically, whether in hardcopy form or on removable electronic encrypted media shall be transferred in a suitable container marked “confidential”.
UK Youth will ensure that the following measures are taken with respect to the storage of personal data:
▪ All electronic copies of personal data should be stored securely either by using passwords or restricted permissions on folders.
▪ All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar.
▪ All personal data stored electronically should be backed up daily with backups encrypted and stored offsite.
▪ No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to UK Youth or otherwise without approval of the appropriate member of the Leadership Team and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary.
▪ No personal data should be transferred to any personal device belonging to an employee, and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of UK Youth where the party in question has agreed to comply fully with this policy and all Data Protection Legislation (which may include demonstrating to UK Youth that all suitable technical and organisational measures have been taken).
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. (If unsure individuals are required to discuss this with the UK Youth Operations Team)
UK Youth shall ensure that the following measures are taken with respect to the use of personal
data:
▪ Personal data processed by UK Youth must only be used for the purpose it was collected for.
▪ No personal data may be shared informally and/or transferred to an employee, trustees, volunteers, agent, sub-contractor, or other party working on behalf of UK Youth. If they require access to any personal data that they do not already have access to, such access should be formally requested from the relevant member of the Leadership Team.
▪ Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, trustees, volunteers, agents, sub-contractors, or other parties at any time.
▪ Where personal data held by UK Youth is used for marketing purposes, it shall be the responsibility of the nominated person in each department to ensure that the appropriate consent is obtained, documented for as long as deemed necessary and that no data subjects have opted out.
UK Youth shall ensure that the following measures are taken with respect to IT and information security:
▪ All passwords used to protect personal data do not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols.
▪ Under no circumstances should any passwords be written down or shared between any employees, trustees, volunteers, agents, contractors, or other parties working on behalf of UK Youth, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. Operations staff do not have access to passwords.
▪ All software (including, but not limited to, applications and operating systems) will be kept up-to-date. Operations staff shall be responsible for installing all security-related updates as soon as reasonably and practically possible.
▪ No software may be installed on any UK Youth-owned computer or device without the prior approval of the Operations Staff.
UK Youth shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
- ▪ All employees, trustees, volunteers, agents, contractors, or other parties working on behalf of UK Youth: o shall be made fully aware of both their individual responsibilities and UK Youth’s responsibilities under Data Protection Legislation and under this Policy and shall be provided with a copy of this Policy;
- o Who only 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 UK Youth;
- o will be appropriately trained to do so;
- o handling personal data will be appropriately supervised;
- o 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.
- ▪ Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed.
▪ All personal data held by UK Youth shall be reviewed regularly.
▪ Where other parties working on behalf of UK Youth handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless UK Youth against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
UK Youth may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
▪ The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;
▪ The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
▪ The transfer is made with the informed consent of the relevant data subject(s)
▪ The transfer is necessary for the performance of a contract between the data subject and UK Youth (or for pre-contractual steps taken at the request of the data subject);
▪ The transfer is necessary for important public interest reasons;
▪ The transfer is necessary for the conduct of legal claims;
▪ The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent.
Data should be protected at all times, this includes practical approaches such as locking away laptops when not in use and being careful who has access to where data is stored.
Any loss of personal data is a security breach and all breaches, near-misses and incidents must be reported immediately to UK Youth’s Data Protection Officer by email to dataprotection@ukyouth.org
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 Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after being made aware of it.
In the event that a personal data breach is likely to result in a high risk to the rights and freedoms of data subjects, the Data Protection Officer will ensure that all affected data subjects are informed of the breach directly and without undue delay.
Data breach notifications will include the following information:
▪ The categories and approximate number of data subjects concerned;
▪ The categories and approximate number of personal data records concerned;
▪ The name and contact details of UK Youth’s Data Protection Officer;
▪ The likely consequences of the breach;
▪ Details of the measures taken, or proposed to be taken, by UK Youth to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
Training
It is the aim of UK Youth that all staff will be fully informed of their Data Protection obligations and as a minimum we will provide annual training. An online tutorial is included in new starter inductions and Heads of and Managers provide department specific training. Periodic refresher sessions are also undertaken from time to time and additional training can be provided if a department requests it.
Responsibilities
Trustees
▪ Overall responsibility for a policy which ensures compliance with the relevant statutes
Chief Executive & Leadership Team
▪ Development and maintenance of such procedures as are necessary to ensure implementation of the policy
▪ Maintenance of the policy
▪ Design of procedures
Heads Of/Managers
▪ Implementation of procedures
▪ Dissemination throughout their team
▪ Ensuring day to day operational compliance
▪ Reporting to the Executive Team
▪ Reporting data incidents and near misses to the Data Protection Officer
Individual Responsibility
▪ Compliance with procedures
▪ Identifying potential improvements through day to day work
▪ Reporting to the Heads Of/Managers
▪ Reporting data incidents and near misses to the Data Protection Officer
Review and Evaluation of this Policy 12 | P a g e July 19
This Policy will have a formal review date of two years however, if any aspect is found to be inadequate, the Policy will be reviewed earlier.
DOCUMENT CONTROL SHEET
Document Name: Data Protection Policy
Document Owner: Operations
Document History: First issue November 2010
May 2018 – full rewrite – GDPR compliance
July 2019 – minor amendments
Next Review Date: July 2021
Document approved by: Director of Operations
Date approved: July 2019