THE JOHN SPEAK LANGUAGE TRUST
DATA PROTECTION POLICY
issue date May 2018
The John Speak Language Trust (“Trust”), which is part of the West and North Yorkshire Chamber of Commerce and Industry, Registered Charity number 529115 (“Chamber”), run under the authority of the Trust’s trustees, commits to the following Data Protection Policy (“Policy”).
The Policy sets out nine Data Protection Principles which the Trust commits to comply with when processing personal data in the course of its consideration of foreign language grant applications, its disbursing and administration of foreign language grants, as well as its publication of a website, along with other ancillary marketing and business development services solely associated with the Trust (“Charitable Activities”).
The Trust has not specifically notified its data processing activities to the Information Commissioner’s Office, but is covered by the Chamber’s registration under registration number: Z6779893.
The Appendix contains a Glossary of the defined terms in this Policy.
COMPLIANCE WITH THIS POLICY
The Trust will ensure the protection of personal data in accordance with this Policy by the Trust, all Personnel and Suppliers.
A breach of data protection laws by the Trust, any Personnel or Supplier could result not only in monetary penalties awarded against the Charitable Activities, but also negative publicity which could affect the Charitable Activities and the Trust generally, as well as the Chamber.
THE DATA PROTECTION PRINCIPLES
The Trust shall comply with the following nine Data Protection Principles when processing personal data.
|1. Fairness and Transparency: The Trust must process personal data fairly and provide individuals with information about how and why their personal data is processed.|
The Trust must provide a privacy notice to each grant applicant, Personnel and Supplier to inform them of:
- the identity of the Trust as data controller;
- the purposes for which their personal data are processed;
- the legal basis for processing;
- any legitimate interests pursued by the Trust or a third party, if applicable;
- the recipients or categories of recipients of the personal data, if any;
- where applicable, the fact that the Trust intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the relevant authority, or reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available;
- the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
- the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
- the existence of the right to withdraw consent at any time, if applicable;
- the right to lodge a complaint with a supervisory authority;
- whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; and
- the existence of automated decisions, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
For example, such privacy notice should be included within, or made available on its website for inspection at the time of, each offer of foreign language grant funding. If the notice is published on the website, a conspicuous link to the website or privacy notice should be included in the Trust’s email footer or other Trust stationery to bring the notice to the data subjects’ attention.
Where a person provides personal data of third party data subjects to the Trust, no notice will have to be provided to those third-party data subjects by the Trust if such information must remain confidential subject to an obligation of professional secrecy. To the extent that no such obligation of professional secrecy applies, the Trust should, where practicable, place a contractual obligation on each relevant person and Supplier to ensure that such notice is provided to those third-party data subjects on behalf of the Trust.
|2. Lawful Processing: The Trust must only process personal data, including sensitive personal data, lawfully where it has a valid basis for the processing.|
Generally, personal data must not be processed without a legal ground. In the context of the Charitable Activities, personal data are typically processed on the basis of:
- performance of a contract (e.g. grant letter) to which the data subject (e.g. the grant recipient) is party, or in order to take steps at the request of the data subject prior to entering into a contract;
- the legitimate interests pursued by a grant applicant or grant recipient or the Trust, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. This ground may apply to the processing of the personal data of any third-party data subjects whose personal data are provided by the grant applicant or grant recipient;
- a legal obligation to which the Trust is subject and where compliance with such obligation necessitates the processing of personal data by the Trust;
- data subject’s consent, where such consent is procured from the grant applicant or grant recipient; and
- other legal grounds.
|3. Purpose Limitation: The Trust must only collect personal data for a specific, explicit and legitimate purpose. Any subsequent processing should be compatible with that purpose, unless the Trust has obtained the individual’s consent or the processing is otherwise permitted by law.|
The Trust will typically process:
- the personal data of its grant applicants and grant recipients, as required for the purposes of considering the foreign language grant applications, the disbursement of all grant funds, and for the other purposes set out in the Trust’s Data Protection Privacy Notice, as well as for the administration of the grant system generally;
- the personal data of its Personnel, as required for the administration of Personnel, if applicable;
- the personal data of its Suppliers, as required for the administration of its Supplier relationships, if applicable; and
- the personal data of its grant applicants or grant recipients, Personnel and Suppliers as is necessary in order to comply with its legal obligations.
The Trust will generally not carry out any unsolicited electronic marketing, but to the extent it does, it will have to comply with the law.
|4. Data Minimisation: The Trust must only process personal data that is adequate, relevant and limited to what is necessary for the purpose for which it was collected.|
The Trust should ensure that only the minimum necessary and relevant personal data is sought in connection with grant applications.
Where a grant applicant or grant recipient provides personal data that appears excessive in connection with the grant application, the Trust will not use such excessive personal data.
|5. Data Accuracy: The Trust must take reasonable steps to ensure personal data is accurate, complete, and kept up-to-date.|
The Charitable Activities should place a contractual obligation on each grant applicant to ensure that any personal data provided in connection with the professional services sought is accurate, complete and up to date.
The Trust will endeavour to keep an accurate record of personal data in relation to its grant applicants and grant recipients, as well as in relation to any Personnel (where applicable).
|6. Individual Rights: The Trust must allow individuals to exercise their rights in relation to their personal data, including their rights of access, erasure, rectification, portability and objection.|
The Trust will ensure that all Individual Rights Requests are correctly identified and appropriately responded to, subject to any applicable exemptions.
|7. Storage Limitation: The Trust must only keep personal data for as long as it is needed for the purpose for which it was collected or for a further permitted purpose.|
The Trust will keep all records as long as required by applicable law or as may be necessary having regard to custom, practice or the nature of the documents concerned.
Save for personal data included in records which must kept for a prescribed period or preserved permanently in compliance with any legal obligations to which the Trust is subject, personal data shall be kept for no longer than necessary for relevant purposes. Relevant purposes shall include, however, retention of certain basic personal data of all Trust alumni for marketing and other proper purposes.
|8. Data Security: The Trust must use appropriate security measures to protect personal data, including where third parties are processing personal data on our behalf.|
The Trust will adopt, or procure that the Chamber adopts, the following security measures:
Physical security measures
- ensure physical security of premises, e.g. locked office;
- reduce access privileges to only those needed;
- grant access to only such Personnel, if any, who need to have access in connection with their duties;
- dispose of documents using a confidential bin or through a cross-cut shredder; and
- other appropriate physical security measures.
Organisational security measures
- vet Personnel and Suppliers on a continuing basis;
- provide training to Personnel, if applicable and where appropriate; and
- other appropriate organisational security measures.
Technical security measures
- firewalls which are properly configured and using the latest software;
- regular patch management and OS updates;
- real-time protection anti-virus, anti-malware and anti-spyware software;
- unique passwords of sufficient complexity and regular (but not too frequent) expiry;
- data backup within the office and encrypted protocol digital copies using the TrustSafe system; and
- other appropriate technical security measures.
The Trust will comply with Policy: Appointing Suppliers.
|9. Accountability: the Trust must take steps to comply with, and be able to demonstrate compliance, with the Data Protection Principles.|
The Trust will implement appropriate governance processes as set out in this Policy.
In order to ensure that the Data Protection Principles are implemented the Trust shall adopt the following governance processes.
- Documented Policies
In order to ensure compliance with Data Protection Principle 9 (Accountability), the Trust shall comply with this Policy and implement such other data protection policies and establish internal governance processes from time to time as may be required in order to operate the Charitable Activities in compliance with data protection laws.
The Trust will ensure, by way of training or otherwise, that Personnel, where applicable, will carry out their tasks in a way that will ensure compliance with data protection laws. Each member of Personnel and each Supplier, where applicable, shall have access to this Policy and it shall have an obligation to comply with it.
Each Supplier will have to comply with data protection obligations in accordance with its service agreement including, where appropriate, a data processing agreement.
The Trust shall periodically review this Policy and other policies to ensure that they continue to comply with the relevant legal requirements.
Where necessary the Trust shall seek advice in order to ensure that its processes comply with data protection laws.
- Third Parties
The Trust shall comply with Policy: Appointing Suppliers in relation to appointing any third-party contractor or supplier who will process personal data on behalf of the Trust.
- Data Protection Impact Assessments
The Trust shall implement a process so that any processing which is likely to result in a high risk to the rights and freedoms of individuals is subject to a documented Data Protection Impact Assessment (DPIA), to assess the risks associated with the proposed processing and identify any safeguards which should be put in place to mitigate those risks. The Trust shall maintain a record of each DPIA.
The Trust will implement a process to maintain an up-to-date documented record of its processing activities by way of adding relevant information in the Trust register or by other appropriate means. This record should include a general description of the following:
|Record keeping requirements||Suggested record|
|· The purpose of the processing.||· Typically, in relation to Charitable Activities this will include processing of data in connection with grant applications, together with the administration and monitoring thereof;|
|· The categories of personal data and individuals to whom the data relates.||· a variety of mostly documents relating to grant applications, with copies of identity information relating to grant applications;|
|· The categories of recipients (if any), including both data controllers and data processors, and any transfers outside the European Economic Area (EEA).||· The grant recipients travel abroad and will often be located outside the EEA; see para 15 of the Data Protection Privacy Notice;|
|· Where possible, the envisaged retention period for the personal data.||· See Data Protection Principle 7 text above;|
|· Where possible, a general description of the technical and organisational security measures in place.||· See Data Protection Principle 8 text above.|
Although it is envisaged that the Trust will act as data controller in the majority of cases, where the Trust processes personal data on behalf of another person the Trust will make sure to maintain a record of its activities as a data processor and/or data controller. This record should include a general description of the following:
- The identity of the individual and contact details.
- The categories of processing carried out on behalf of the third party.
- Any transfers outside the EEA.
- Where possible, a general description of the technical and organisational security measures in place.
- Privacy By Design
When implementing a new processing activity, tool or functionality involved in the processing of personal data, the Trust will ensure, by contractual means or otherwise, that such activity, tool or functionality is designed and built in a way that allows me to comply with the Data Protection Principles.
- Complaint handling
The Trust shall implement a process to receive and handle enquiries and complaints from individuals and the supervisory authorities concerning the processing of personal data.
The Trust shall ensure that all enquiries and complaints are dealt with in a timely manner, in compliance with any applicable statutory deadlines.
|anonymous data||Data which does not relate to an identified or identifiable individual, or personal data which has been rendered permanently anonymous in such a way that the individual is no longer identifiable (even if the data was combined with other data held by the Trust.|
|Automated Decision||A decision which produces legal effects, or similarly significantly affects an individual, and which is based solely on the automated processing (including profiling) of their personal data.|
|Charitable Activities||Consideration of foreign language grant applications, the disbursing and administration of foreign language grants, as well as the Trust’s publication of a website, along with other ancillary marketing and business development services solely associated with the Trust.|
|controller||A party which determines the purposes and means of the data processing.|
|data||Any information which is recorded electronically or, where recorded in a manual format (e.g. on paper), is organised by reference to an individual.|
|data subject||The individual to whom the personal data relates.|
|Individual Rights Request||A request from a data subject in respect of their personal data, e.g. to access, erase, or rectify their personal data, or object to its processing.|
|personal data||Any data relating to an identified or identifiable natural person. This can include (but is not limited to) names, addresses, email addresses, positions held, photographs, job applications, personnel files, occupational health records, opinions, and correspondence to and from an individual.|
|Personnel||All employees of the Trust, if any, at all levels, including, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors and external consultants.|
|processing||Any operation performed on personal data, such as collection, recording, storage, retrieval, use, combining it with other data, transmission, disclosure or deletion.|
|processor||A party processing personal data on behalf of a controller, under the controller’s instructions.|
|pseudonymised data||Personal data which can only be attributed to a specific individual by combining it with additional information (such as a key or other identifier), where the additional information is kept technically and logically separate from the pseudonymised data to avoid the individual being identified. Pseudonymised data remains personal data.|
|Sensitive or special categories personal data||Personal data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; biometric (e.g. fingerprints or facial recognition) or genetic information; or information about a person’s health, sex life or sexual orientation, or relating to criminal convictions or offences (including allegations).|
|Supplier||Any external vendor, supplier, consultant or similar third party engaged to provide services to the Trust .|