Soul Happy Data Protection Policy
In the course of its activities Soul Happy will collect, store and process personal data, in accordance with our operational and legal obligations. This Data Protection policy sets out how Soul Happy handles the Personal Data of our clients, suppliers, employees, workers and other third parties. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations, including GDPR. We recognise that the correct and lawful treatment of Personal Data will maintain confidence and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that Soul Happy takes seriously at all times. A breach of the Act could give rise to potential fines and disciplinary action.
Status of the policy
This policy has been approved by Kim Coley, Managing Director and Data Protection Compliance Manager. The Data Protection Compliance Manager is responsible for ensuring compliance with the Act and with this policy. It sets out our rules on data protection, and the legal conditions that must be satisfied in relation to the obtaining, handling, processing, storage, transportation and destruction of personal information If you consider that the policy has not been followed in respect of personal data about yourself or others you should raise the matter with the Data Protection Compliance Manager, Kim Coley (Kim.Coley@SoulHappy.org.uk or thrive@SoulHappy.org.uk).
Data protection terms
Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.
Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (such as a name, address, email or date of birth) or it can be an opinion (about a person’s actions or behaviour).
Data controllers are people or organisations that determine when, why and how to process personal data. They have a responsibility to establish practices and policies in line with the Act. We are the data controller of all personal data used in our business.
Data users include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.
Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.
Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions and will usually require the express consent of the person concerned.
Data protection principles
Anyone processing personal data must comply with the eight enforceable principles relating to processing of personal data set out in the GDPR. These provide that personal data must be:
• Processed fairly, lawfully and in a transparent manner (Lawfulness, Fairness and Transparency).
• Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
• Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
• Accurate and where necessary kept up to date (Accuracy).
• Not kept longer than necessary for the purpose (Storage Limitation)
• Processed in a manner that ensures its security using appropriate technical and organisational measures in line with the data subjects’ rights (Security, Integrity and Confidentiality).
• Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
• Made available to Data subjects and Data subjects allowed to exercise certain rights in relation to their personal Data (Data Subject’s Rights and Requests).
Lawfulness, fairness, transparency and consent
The Act is intended not to prevent the processing of personal data, but to ensure that it is done fairly and lawfully in relation to the data subject. The data subject must be told who the data controller is (in this case Soul Happy), who the data controller’s representative is (in this case the Data Protection Compliance Manager), the purpose for which the data is to be processed by us, and the identities of anyone to whom the data may be disclosed or transferred.
For personal data to be processed lawfully, certain conditions have to be met. These may include, among other things, requirements that the data subject has consented to the processing, or that the processing is necessary for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject’s explicit consent to the processing of such data will be required in order that (eg.,) we may operate our policies, such as health and safety and equal opportunities. Data subjects must be easily able to withdraw consent to processing at any time and withdrawal must be promptly honoured.
Processing for limited purposes
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. 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 Subject of the new purposes and they have consented where necessary.
Adequate, relevant and non-excessive processing
Personal data should only be collected to the extent that it is required for the specific purpose notified to the data subject. Any data which is not necessary for that purpose should not be collected.
Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate. You must check the accuracy of any Personal Data at the point of collect and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
Storage Limitation Personal Data must not be kept in an identifiable form for any longer than is necessary for the purposes for which the data is processed.This means that data should be destroyed or erased from our systems when it is no longer required. For guidance on how long certain data is likely to be kept before being destroyed, contact the Data Protection Compliance Manager. Processing in line with data subject’s rights Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
• Request access to any data held about them by a data controller (data subjects are entitled to ask what Personal data we hold about them and why).
• Prevent the processing of their data for direct-marketing purposes.
• Ask to have inaccurate data amended or to erase Personal Data if it is no longer necessary.
• Prevent processing that is likely to cause damage or distress to themselves or anyone else.
You are responsible for:
• Checking that any Personal data provided to us is accurate and up to date;
• Informing us of any changes to Personal data which is provided to you (eg., change of address);
• Ensuring that if you work with Soul Happy and collect Personal data about other people as part of your responsibilities, you do so in compliance with this policy. Data security We must ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data. Data subjects may apply to the courts for compensation if they have suffered damage from such a loss. The Act requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data may only be transferred to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested. Further, you should not disclose (orally, in writing or otherwise) any personal data or information to any unauthorised third party and only the Data Protection Manager or a Director may authorise such disclosure. Maintaining data security means guaranteeing the confidentiality, integrity and availability of the personal data, defined as follows:
• Confidentiality means that only people who are authorised to use the data can access it.
• Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
• Availability means that authorised users should be able to access the data if they need it for authorised purposes.
Security procedures include:
• Entry controls. Any stranger seen in entry-controlled areas should be reported.
• Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind.
• Methods of disposal. Paper documents should be shredded. Floppy disks and CD- ROMs should be physically destroyed when they are no longer required.
• Equipment. Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended. To access the computer monitors belonging to Soul Happy a unique password will be required and must not be passed on to another person without the prior written consent of the Data Protection Compliance Manager. Data users should ensure that no programmes or equivalent are downloaded, otherwise read, displayed and/or saved onto any PC and/or our central computer system without obtaining the prior written consent of the Data Protection Compliance Manager.
• Contractors and other third party, non-employee data processors. Data users should ensure that only personal data necessary for data processors’ carrying out of their tasks on behalf of us are passed to the data processor.
• Data breaches or potential data breaches. All Data users must immediately report (together with details (if known)) any known or suspected data breaches to the Data Protection Compliance Manager in order that appropriate action to rectify the potential or known breach may be taken and appropriate actions to prevent a repeat occurrence may be considered and implemented in due course. Dealing with subject access requests Data subjects whose personal data is held by us have the conditional right to access any personal data that is being held by us about them on computer and also have access to paper-based personal data held in manual filing systems. This right is subject to certain exemptions which are set out in the Act. A formal request from a data subject for information that we hold about them must be made in writing. Any member of staff or licensee who receives a written request should forward it to the Data Protection Compliance Manager immediately at our usual Soul Happy address. We aim to comply with requests for access to personal data as quickly as possible, but we will ensure that it is provided within 30 days of receipt of a request unless there is a good reason for delay (eg., the requester as failed to provide all of the necessary information to the Data Protection Compliance Manager’s satisfaction). Disclosure of Personal Data No personal data may be disclosed to or shared with any person or entity not employed by us (and sub-contractors are not employed by us) without the prior written consent of our Data Protection Compliance Manager. All queries regarding disclosure or Data sharing must be raised with our Data Protection Compliance Manager prior to making any such Data disclosure sharing. If any doubt exists as to whether or not any individual should be processing Data, it is our policy that no processing should take place by that or any other individual until it has been authorised by the Data Protection Compliance Manager. Monitoring and review of the policy This policy is reviewed annually by the Data Protection Compliance Manager. Any necessary amendments discovered will be implemented as soon as is reasonably practicable.
Soul Happy will continue to review the effectiveness of this policy to ensure it is achieving its stated objectives.
Photography Consent Form
Soul Happy will only use and reuse photographs of employees/licensees and customers if they freely and willingly sign and date the latest version of our Photography Consent Form in advance and accordingly agree to the purposes for which we wish to use and reuse their photographs as detailed in the form. If anyone does not wish us use photographs featuring them, they should simply decline to complete the Form.