12 Steps to Compliance with the EU General Data Protection Regulations.
1 Awareness
You should make sure that decision makers and key people in your
organisation are aware that the law is changing to the GDPR. They need
to appreciate the impact this is likely to have and identify areas that could
cause compliance problems under the GDPR.
It would be useful to start by looking at your organisation’s risk register, if you have one. Implementing the GDPR could have significant resource implications, especially for larger and more complex organisations. You may find compliance difficult if you leave your preparations until the last minute.
Trustees informed in December 2017
Trustees provided with an overview of the review process so far 8/2/2018
2 Information We hold
You should document what personal data you hold, where it came from
and who you share it with. You may need to organise an information audit
across the organisation or within particular business areas.
The GDPR requires you to maintain records of your processing activities.
It updates rights for a networked world.
For example, if you have inaccurate personal data and have shared this with another organisation, you will have to tell the other organisation about the inaccuracy so it can correct its own records. You won’t be able to do this unless you know what personal data you hold, where it came from and who you share it with. You should document this. Doing this will also help you to comply with the GDPR’s accountability principle, which requires organisations to be able to show how they comply with the data protection principles, for
example by having effective policies and procedures in place.
Audit
· Paper records
Names, addresses, email addresses and phone numbers relating to transactions for membership and 100 Club.
Names, email addresses Child’s name, uniform size and ensemble relating to uniform orders.
Volunteer lists and roles for events
Lists of event attendees
· Electronic records
Names, addresses, email addresses and phone numbers relating to transactions for membership and 100 Club.
Names, email addresses, Child’s name, uniform size and ensemble relating to uniform orders
· Data Processed by other organisations to which we have limited access
SignUp.com used to contact volunteers and organise events but can extract data.
BT My Donate we have our own account on this system and can link to accounts set up by others and they can link to our account for the purpose or organising sponsorship.
Facebook and Twitter – We Publish Information on these social media networks that may include photographs of events with permission which has been provided to Hampshire Music Service) and names: For example a list of prize winners.
We have used other online resources but these will be deleted before the GDPR go live date.
We have email accounts Friendsofbayoc@gmail.com and craftsandmusic@gmail.com with access controlled and limited to necessary volunteers. Orders generated through our website direct to these email accounts and the Treasurer’s personal email account.
3 Communicating privacy information
You should review your current privacy notices and put a plan in place for
making any necessary changes in time for GDPR implementation.
When you collect personal data you currently have to give people certain
information, such as your identity and how you intend to use their
information. This is usually done through a privacy notice. Under the
GDPR there are some additional things you will have to tell people. For
example, you will need to explain your lawful basis for processing the
data, your data retention periods and that individuals have a right to complain to the ICO if they think there is a problem with the way you are
handling their data. The GDPR requires the information to be provided in
concise, easy to understand and clear language.
The ICO’s Privacy notices code of practice reflects the new requirements
of the GDPR.
Privacy Notice Prepared
YOUR PERSONAL DATA:
What we need
The Friends of Basingstoke Area Youth Orchestras and Choirs will be what’s known as the ‘Controller’ of the personal data you provide to us.
We only collect basic personal data about you, which includes name, address, email, phone number, your child's uniform clothing size and any special skills you may have notified to us.
Why we need it
We need to know your basic personal data in order to provide you with services relating to you as a member of our charity, your child's membership of a musical ensemble or as an attendee of one of the events we are involved in running.
For example we may use your data to administer
- Event attendance and advertising
- Uniform hire
- Volunteer skills and sign ups
- 100 Club and charity membership records
We will not collect any personal data from you we do not need in order to provide and oversee this service to you.
The Lawful basis under which we process the Data:
· Through a ‘contract’ for the charity to supply goods or services.
· With your explicit permission through a check box system when collecting the data.
What we do with it
All the personal data we process is processed by our volunteers in the UK however for the purposes of IT hosting and maintenance this information may be located on servers outside of the European Union.
Specifically we use these reputable service providers, with high levels of data protection systems in place.
· Squarespace Provides our website hosting and online shop. Squarespace Privacy Policy
· Stripe Provides our online payment platform. Stripe Privacy Policy NB: Please See Note 1 below.
· SignUp Is used to organise our activities and volunteering SignUp Responsible Disclosure Policy NB: Please See Note 2 below
· BT/MyDonate Is used to organise our online sponsored activities BT My Donate Privacy Policy NB: Please see Note 3 below
No 3rd parties have access to your personal data unless the law allows them to do so. We do not share or sell your data.
We have a Data Protection regime in place to oversee the effective and secure processing of your personal data.
How long we keep it
We are required under UK tax law to keep your basic personal data (name, address, contact details) for a minimum of 6 years after which time it may be destroyed, subject to the marketing purposes shown below.
What we would also like to do with it
Your information that we retain to use for our own marketing purposes, will be kept with us until you notify us that you no longer wish to receive this information.
This information is not shared with third parties and you can unsubscribe at any time via email to friendsofbayoc@gmail.com
What are your rights?
If at any point you believe the information we process on you is incorrect you request to see this information and even have it corrected or deleted.
If you wish to raise a complaint on how we have handled your personal data, you can contact our Chairman or Secretary at email friendsofbayoc@gmail.com who will investigate the matter.
If you are not satisfied with our response or believe we are processing your personal data otherwise than in accordance with the law you can complain to the Information Commissioner’s Office (ICO).
Notes
Where our website contains links to other websites and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.
1. Stripe is a payment transfer system. We have no control over your data on their system and use them only as an intermediary to process payments. In case of support needs you can contact STRIPE at https://stripe.com/contact
2. SignUp.com is used by many organisations and although we can remove you from our mailing list on their servers you may also be associated to another organisation using their system, therefore to remove your details totally from the online system please contact SignUP Support https://signuphelp.zendesk.com/hc/en-us/requests/new
3. BT My Donate enables online sponsorship. We have an account on their website and your data is provided to them and you control your data on their website which can be linked with our account and events for sponsorship purposes. We have no control of your data on this website, therefore to remove your details totally from the online system please contact https://www.btplc.com/mydonate/Help/Contactadvisor/email.aspx
4 Individuals’ rights
You should check your procedures to ensure they cover all the rights
individuals have, including how you would delete personal data or provide
data electronically and in a commonly used format.
The GDPR includes the following rights for individuals:
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability; (Not applicable).
the right to object; and
the right not to be subject to automated decision-making including
profiling. (Not applicable)
All matters above dealt with through the Privacy Notice.
On the whole, the rights individuals will enjoy under the GDPR are the
same as those under the DPA but with some significant enhancements. If
you are geared up to give individuals their rights now, then the transition
to the GDPR should be relatively easy. This is a good time to check your
procedures and to work out how you would react if someone asks to have
their personal data deleted, for example. Would your systems help you to
locate and delete the data? Who will make the decisions about deletion?
The right to data portability is new. It only applies:
to personal data an individual has provided to a controller;
where the processing is based on the individual’s consent or for the
performance of a contract; and
when processing is carried out by automated means.
You should consider whether you need to revise your procedures and
make any changes. You will need to provide the personal data in a
structured commonly used and machine readable form and provide the
information free of charge.
5 Subject access requests
Through Chair or Secretary via friendsofbayoc@gmail.com
You should update your procedures and plan how you will handle requests
to take account of the new rules:
In most cases you will not be able to charge for complying with a
request.
You will have a month to comply, rather than the current 40 days.
You can refuse or charge for requests that are manifestly unfounded
or excessive.
If you refuse a request, you must tell the individual why and that
they have the right to complain to the supervisory authority and to
a judicial remedy. You must do this without undue delay and at the
latest, within one month.
If your organisation handles a large number of access requests, consider
the logistical implications of having to deal with requests more quickly.
You could consider whether it is feasible or desirable to develop systems
that allow individuals to access their information easily online.
6 Lawful basis for processing personal data
The Lawful basis under which we process the Data:
· Through a ‘contract’ for the charity to supply goods or services.
· With your explicit permission through a check box system when collecting the data.
You should identify the lawful basis for your processing activity in the
GDPR, document it and update your privacy notice to explain it.
Many organisations will not have thought about their lawful basis for
processing personal data. Under the current law this does not have many
practical implications. However, this will be different under the GDPR
because some individuals’ rights will be modified depending on your
lawful basis for processing their personal data. The most obvious example
is that people will have a stronger right to have their data deleted where
you use consent as your lawful basis for processing.
You will also have to explain your lawful basis for processing personal
data in your privacy notice and when you answer a subject access
request. The lawful bases in the GDPR are broadly the same as the
conditions for processing in the DPA. It should be possible to review the
types of processing activities you carry out and to identify your lawful
basis for doing so. You should document your lawful bases in order to
help you comply with the GDPR’s ‘accountability’ requirements.
7 Consent
Consent has been included online and paper forms which were amended February 2018 with a link provided to the online Privacy Notice.
SignUP
All people on the current Volunteer email list have been contacted to request explicit permission to remain on the list and the old list will be deleted before the 25th May 2018.
There is now an opt in declaration each time they sign up for an event to enable data to be used and removal information will be included with each contact email.
You should review how you seek, record and manage consent and
whether you need to make any changes. Refresh existing consents now if
they don’t meet the GDPR standard.
You should read the detailed guidance the ICO has published on consent
under the GDPR, and use our consent checklist to review your practices.
Consent must be freely given, specific, informed and unambiguous. There
must be a positive opt-in – consent cannot be inferred from silence, preticked
boxes or inactivity. It must also be separate from other terms and
conditions, and you will need to have simple ways for people to withdraw
consent. Public authorities and employers will need to take particular
care. Consent has to be verifiable and individuals generally have more
rights where you rely on consent to process their data.
You are not required to automatically ‘repaper’ or refresh all existing DPA
consents in preparation for the GDPR. But if you rely on individuals’
consent to process their data, make sure it will meet the GDPR standard
on being specific, granular, clear, prominent, opt-in, properly documented
and easily withdrawn. If not, alter your consent mechanisms and seek
fresh GDPR-compliant consent, or find an alternative to consent.
8 Children
We do not deal directly with children’s personal data other than supplied by their parents with permission
Except
· Where the data is provided to us in the form of event list which is provided to us from the Hampshire Music Service
· Hampshire Music Service may provide Medical Data
to our volunteers where appropriate when involved in supervision
· Current membership lists may be provided to us by Hampshire Music Service to remove ex members from our records.
All such Data will be returned to Hampshire Music Service at the conclusion its use for the purpose it was provided for.
You should start thinking now about whether you need to put systems in
place to verify individuals’ ages and to obtain parental or guardian
consent for any data processing activity.
For the first time, the GDPR will bring in special protection for children’s
personal data, particularly in the context of commercial internet services
such as social networking. If your organisation offers online services
(‘information society services’) to children and relies on consent to collect
information about them, then you may need a parent or guardian’s
consent in order to process their personal data lawfully. The GDPR sets
the age when a child can give their own consent to this processing at 16
(although this may be lowered to a minimum of 13 in the UK). If a child is
younger then you will need to get consent from a person holding ‘parental
responsibility’.
This could have significant implications if your organisation offers online
services to children and collects their personal data. Remember that
consent has to be verifiable and that when collecting children’s data your
privacy notice must be written in language that children will understand.
9 Data breaches
Suggestion this will be dealt with initially by the Chair of Trustees and discussed with all trustees on a case by case basis
You should make sure you have the right procedures in place to detect,
report and investigate a personal data breach.
Some organisations are already required to notify the ICO (and possibly
some other bodies) when they suffer a personal data breach. The GDPR
introduces a duty on all organisations to report certain types of data
breach to the ICO, and in some cases, to individuals. You only have to
notify the ICO of a breach where it is likely to result in a risk to the rights
and freedoms of individuals – if, for example, it could result in
discrimination, damage to reputation, financial loss, loss of confidentiality
or any other significant economic or social disadvantage.
Where a breach is likely to result in a high risk to the rights and freedoms
of individuals, you will also have to notify those concerned directly in
most cases.
You should put procedures in place to effectively detect, report and
investigate a personal data breach. You may wish to assess the types of
personal data you hold and document where you would be required to
notify the ICO or affected individuals if a breach occurred. Larger
organisations will need to develop policies and procedures for managing
data breaches. Failure to report a breach when required to do so could
result in a fine, as well as a fine for the breach itself.
10 Data Protection by Design and Data Protection Impact Assessments
Our processing of data is low level and of low risk and not likely to have any great impact of the Freedom of the individual if breached. Any online processing of transfer of funds is dealt with by intermediarys online and we do ot have access to personal account details.
Our processing of standing orders is dealt with securely through Hampshire Music Service staff and our treasurer who maintains the paper records.
It has always been good practice to adopt a privacy by design approach
and to carry out a Privacy Impact Assessment (PIA) as part of this.
However, the GDPR makes privacy by design an express legal
requirement, under the term ‘data protection by design and by default’. It
also makes PIAs – referred to as ‘Data Protection Impact Assessments’ or
DPIAs – mandatory in certain circumstances.
A DPIA is required in situations where data processing is likely to result in
high risk to individuals, for example:
where a new technology is being deployed;
where a profiling operation is likely to significantly affect
individuals; or
where there is processing on a large scale of the special categories
of data.
If a DPIA indicates that the data processing is high risk, and you cannot
sufficiently address those risks, you will be required to consult the ICO to
seek its opinion as to whether the processing operation complies with the
GDPR.
You should therefore start to assess the situations where it will be
necessary to conduct a DPIA. Who will do it? Who else needs to be
involved? Will the process be run centrally or locally?
You should also familiarise yourself now with the guidance the ICO has
produced on PIAs as well as guidance from the Article 29 Working Party,
and work out how to implement them in your organisation. This guidance
shows how PIAs can link to other organisational processes such as risk
management and project management.
11 Data Protection Officers
Our Data Processing is not at a level or risk that we should have to nominate a Data Protection Officer – Suggestion that day to day compliance is dealt with by the chair
You should designate someone to take responsibility for data protection
compliance and assess where this role will sit within your organisation’s
structure and governance arrangements.
You should consider whether you are required to formally designate a
Data Protection Officer (DPO). You must designate a DPO if you are:
a public authority (except for courts acting in their judicial
capacity);
an organisation that carries out the regular and systematic
monitoring of individuals on a large scale; or
an organisation that carries out the large scale processing of special
categories of data, such as health records, or information about
criminal convictions. The Article 29 Working Party has produced
guidance for organisations on the designation, position and tasks of
DPOs.
It is most important that someone in your organisation, or an external
data protection advisor, takes proper responsibility for your data
protection compliance and has the knowledge, support and authority to
carry out their role effectively.
12 International
We only operate within the UK
If your organisation operates in more than one EU member state, you
should determine your lead data protection supervisory authority and
document this.
The lead authority is the supervisory authority in the state where your
main establishment is. Your main establishment is the location where
your central administration in the EU is or else the location where
decisions about the purposes and means of processing are taken and
implemented.
This is only relevant where you carry out cross-border processing – ie you
have establishments in more than one EU member state or you have a
single establishment in the EU that carries out processing which
substantially affects individuals in other EU states.
If this applies to your organisation, you should map out where your
organisation makes its most significant decisions about its processing
activities. This will help to determine your ‘main establishment’ and
therefore your lead supervisory authority.
Report prepared for the Trustees by David Woods – Chair on 6/2/2018