Data Protection Policy
APRIL 2020
CONTENTS
1. POLICY STATEMENT
2. DATA PROTECTION LAW
3. COMMITMENT
4. DATA PROTECTION PRINCIPLES
5. RESPONSIBILITIES
6. GENERAL GUIDELINES
7. DATA STORAGE
8. DATA USE
9. DATA ACCURACY
10. SUBJECT ACCESS REQUESTS
1. POLICY STATEMENT
a. Our data protection policy sets out our commitment to protecting personal data and how we implement that commitment with regards to the collection and use of personal data.
b. This policy exists to ensure that Spilsby Town Council:
● Complies with data protect law and follows good practice
● Protects the rights of staff, parishioners and partners
● Is open about how it stores and processes individuals’ data
● Protects itself from the risks of a data breach
2. DATA PROTECTION LAW
a. The Data Protection Act 1988 describes how organisations-including Spilsby Town Council-must collect, handle and store personal information.
b. These rules apply regardless of whether data is stores electronically, on paper or on other materials.
c. To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
3. COMMITMENT
a. Spilsby Town Council are committed to:
● ensuring that we comply with the eight data protection principles, as listed below
● meeting our legal obligations as laid down by the Data Protection Act 1998
● ensuring that data is collected and used fairly and lawfully
● processing personal data only in order to meet our operational needs or fulfil legal requirements
● taking steps to ensure that personal data is up to date and accurate
● establishing appropriate retention periods for personal data
● ensuring that data subjects' rights can be appropriately exercised
● providing adequate security measures to protect personal data
● ensuring that a nominated officer is responsible for data protection compliance and provides a point of contact for all data protection issues
● ensuring that all staff are made aware of good practice in data protection
● providing adequate training for all staff responsible for personal data
● ensuring that everyone handling personal data knows where to find further guidance
● ensuring that queries about data protection, internal and external to the organisation, is dealt with effectively and promptly
● regularly reviewing data protection procedures and guidelines within the organisation.
4. DATA PROTECTION PRINCIPLES
a. Personal data shall be processed fairly and lawfully.
b. Personal data shall be obtained for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
c. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
d. Personal data shall be accurate and, where necessary, kept up to date.
e. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
f. Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act 1998.
g. Appropriate technical and organisational measures shall be taken against unauthorised and unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
h. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
5. RESPONSIBILITIES
a. Everyone who works for or with Spilsby Town Council has some responsibility for ensuring data is collected, stored and handled appropriately. Councillors and staff who handle personal data must ensure that it is handled and proceed in line with this policy and data protection principles.
6. GENERAL GUIDELINES
a. The only people able to access data covered by this policy should be those who need it for their work
b. Data should not be shared informally. When access to confidential information is required, it can be requested from the Data Controller
c. Staff and Councillors should keep all data secure, by taking sensible precautions and following the guidelines below.
d. In particular, strong passwords must be used and they should never be shared.
e. Personal data should not be disclosed to unauthorised people, either within Spilsby Town Council or externally.
f. Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
g. Staff should request help from the data protection officer if they are unsure about any aspect of data protection.
7. DATA STORAGE
a. These rules describe how and where data should be safely stored.
b. When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
c. These guidelines also apply to data that is usually stored electronically but has been printed out for some reason
d. When not required, the paper or files should be kept in a locked drawer or filing cabinet.
e. Staff should make sure paper and printouts are not left where unauthorised people could see them, e.g. on a printer.
f. Data printouts should be shredded and disposed of securely when no longer required
g. When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
h. Data should be protected by strong passwords that are changed regularly
i. If data is stored on removable media (CD or DVD), these should be kept locked away securely when not being used.
j. Data should only be stored on designated drives and servers
k. Data should be backed up frequently.
l. Data should never be saved directly to laptops or other mobile devices such as tablets or smartphones.
m. Computers containing data should be protected by approved security software and firewalls.
8. DATA USE
a. Personal data is of no value to Spilsby Town Council unless it can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft
b. Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
c. Personal data should never be transferred outside of the European Economic Area.
9. DATA ACCURACY
a. The law requires Spilsby Town Council to take reasonable steps to ensure data is kept accurate and up to date. It is the responsibility of staff and Councillors who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
b. Data will be held in as few places as possible.
c. Data should be updated at every opportunity e.g. personal contact
d. Data should be updated as inaccuracies are discovered e.g. incorrect addresses or telephone numbers should be deleted.
10 SUBJECT ACCESS REQUESTS
a. All individuals who are the subject of personal data held by Spilsby Town Council are entitled to:
● Ask what information is held about them and why
● Ask how to gain access to it
● Be informed how to keep it up to date
● Be informed how Spilsby Town Council is meeting its data protection obligations
b. Subject Access Requests from individuals should be made by email or letter addressed to the data controller at spilsbytowncouncil@btconnect.com . The data controller can supply a standard data request form although individuals do not have to use this. The data controller will aim to provide the relevant data within 14 days.
The data controller will always verify the identity of anyone making a subject access request before handing over any information.
In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, Spilsby Town Council will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance its legal advisers where necessary.