Data Protection Policy and Procedures

October 2020

Contents:

Intended audience
Amendments to the document
Approval and sign-off
Scope
Services within scope
Purpose of document
Data Protection Principles
Lawful Processing
Data Minimisation and Control
Accountability
Procedures for Trustees, Staff and Volunteers
Rights of Data Subjects
Reporting of Data Breaches
Key contacts
Abbreviations & terms/definitions  

Intended audience

This document is intended to be used by:

  • 3H Fund (Helping Hands for Holidays) trustees
  • 3H Fund (Helping Hands forHolidays) managers
  • 3H Fund (Helping Hands for Holidays) employees
  • 3H Fund (Helping Hands for Holidays) holiday leaders
  • 3H Fund (Helping Hands for Holidays) holiday medical volunteers
  • 3H Fund (Helping Hands for Holidays) volunteer holiday carers
  • 3H Fund (Helping Hands for Holidays) volunteers

Other key stakeholders include:

  • The Charity Commission
  • Care Quality Commission (CQC)
  • The Fundraising Regulator (FR)
  • The beneficiaries of the services provided by 3H Fund (Helping Hands for Holidays)

Amendments to the document

This document will be reviewed on an annual basis by 3H Fund (Helping Hands for Holidays) to ensure continual compliance with Charity Commission requirements and associated legislation, CQC standards and for observing relevant Codes of Practice to measure service performance and to identify any areas for potential improvement, unless requested as part of, or pre-requisite to, any Service Improvement Plan (SIP)

Any changes needing to be made to this document will be made via the 3H Fund (Helping Hands for Holidays) Change Management Process as described in Section 9 of the Governance Document.

Approval and sign-off

This section identifies who within 3H Fund (Helping Hands for Holidays) has approved this document contents and commits on behalf of each party to the working practices and support levels contained therein. This document covers the provision of the 3H Fund (Helping Hands for Holidays) Group Holiday Programme, Grant Programme, Teens Out Programme and Carer Support Programme.

By signing this document, the trustees nominated agree to commit to the responsibilities identified in this document. The document can be signed with an electronic signature or by typing in the names of the Chair and Deputy Chair as long as accompanied by an email confirming approval of the policy. The emails relating to the approval will be held in the office along with the electronic signatures. The date of approval should be included in the Approval box on the Document Control Sheet and should be the date when both approvals have been received.

 

On behalf of 3H Fund (Helping Hands for Holidays) 

Signed by: Stephen Clark

Name & position in organisation

Stephen Clark – Chair of Trustees


Signed by: Ed Landridge

Name & position in organisation

Ed Langridge – Deputy Chair of Trustees

 

Scope

The scope of this document is in the context of 3H Fund (Helping Hands for Holidays) complying with the requirements of its regulatory bodies in relation to the services it provides as follows:

  • The 3H Fund (Helping Hands for Holidays) Governance Strategy
  • The 3H Fund (Helping Hands for Holidays) Service Asset and Configuration Management (SACM)
  • The 3H Fund (Helping Hands for Holidays) Change Management
  • The 3H Fund (Helping Hands for Holidays) Continuous Service Improvement

Services within scope

  • The 3H Fund (Helping Hands for Holidays) Group Holiday Programme
  • The 3H Fund (Helping Hands for Holidays) Grant Programme
  • The 3H Fund (Helping Hands for Holidays) TeensOut Programme
  • The 3H Fund (Helping Hands for Holidays) Carer Support Programme

Purpose of document

3H Fund (Helping Hands for Holidays) (referred to in this document as 3H Fund) provides the services as detailed above. The personal data that 3H Fund processes to provide these services relates to its beneficiaries, donors, and other individuals as necessary, including staff and volunteers.

With this policy, we ensure that we gather, store and handle data fairly, transparently and with respect towards individual rights. 3H Fund ensures that good data protection practice is embedded in the culture of our staff and our organisation.

This policy sets out 3H Fund’s commitment to ensuring that any personal data, including special category personal data, which 3H Fund processes, is carried out in compliance with data protection law, and meets the requirements of:

The UK Data Protection Act 2018

The General Data Protection Regulation (GDPR)

The Privacy and Electronic Communications Regulation (PECR)

All Trustees, Managers, Employees, Holiday Leaders Holiday Carers, Holiday Medical Staff, Volunteers at 3H Fund should ensure they fully understand the importance of meeting these requirements.

Data Protection Principles

There are six Data Protection Principles defined in the GDPR.  These require that all personal data be:

  • Processed in a lawful, fair and transparent manner.
  • Collected only for specific, explicit and limited purposes
  • Adequate and kept up to date where necessary (data minimisation)
  • Kept for no longer than necessary (retention)
  • Handled with appropriate security and confidentiality

We are committed to upholding the data protection principles.  All personal data under our control must be processed in accordance with these principles.

Lawful Processing

  1. 3H Fund, must meet one of the following six lawful bases defined in the GDPR, when processing personal data
  • Where we have the consent of the data subject
  • Where it is our legitimate interests (not overridden by the rights of the data subject)
  • Where it is necessary to meet a legal obligation
  • Where necessary to fulfil a contract, or pre contractual obligation
  • Where we are protecting someone’s vital interests.
  • Where we are fulfilling a public task, or acting under official authority
  1. Any special category data (sensitive data) must be further processed in lines with the specified conditions.
  2. Where processing is based on consent, the data subject has the option to easily withdraw their consent.
  3. Where electronic direct marketing communications are being sent, the recipient should have the option to opt-out in each communication sent, this choice should be recognised by us.

Data Minimisation and Control

  1. Data Protection processes will be regularly reviewed to ensure that personal data collected and processed is kept to a minimum.
  2. We will keep the personal data that we collect, use and share to the minimum amount required to be adequate for its purpose
  3. Where we do not have the legal obligation to retain some personal data, we will consider whether there is a business need to hold it.
  4. We will retain personal data only for as long as it is necessary to meet its purpose. Our Data held will be reviewed annually and destroyed as appropriate.
  5. In the case of sharing personal data with any third party, only the data that is necessary to fulfil the purpose of sharing will be disclosed.

Accountability

  1. All trustees, managers, employees, volunteers or other parties who will be handling personal data on behalf of 3H Fund will be appropriately trained and supervised where necessary.
  2. The collection, storage, use and sharing of data will be regularly reviewed by the Charity Manager.
  3. We will adhere to relevant codes of conduct where they have been identified and discussed as appropriate.
  4. Where there is likely to be high risk to individuals due to a processing activity, or we require clarity on processing or retention of any data we will undertake a Data Protection assessment and/or consult the ICO.

Procedures for Trustees, Staff and Volunteers

All trustees, management, staff, and volunteers must comply with these procedures for processing and handling personal data.

Do’s and Don’ts

  • Always treat people’s personal information with integrity and confidentiality.
  • Know what the data protection principles are and apply them.
  • Store hard copies securely in a locked box, drawer or cabinet.
  • Use your encrypted USB drives to store and transfer data where needed.
  • You have an organisational email address and remote access. Use it rather than send data to your personal email.
  • Be alert to cyberattacks and report suspicious emails or calls
  • Report losses of data or devices as soon as possible.
  • Before sending direct marketing, check if we have consent and it is appropriate.
  • Beware of autocomplete on email. Check you are sending to the right address.
  • Ensure your personal device has appropriate security measures if using it for work-related activity.
  • Take care when connecting to public Wi-Fi connections, as these may not be secure.
  • Please ask if you have any questions.
  • Destroy any confidential data in the appropriate confidential waste bins.

Rights of Data Subjects

Under data protection laws, data subjects have certain rights and we will uphold these rights

  • Right to be informed – The right to be told how their personal data is used in clear and transparent language
  • Right of access – The right to know and have access to the personal data we hold about them.
  • Right to data portability – The right to receive their data in a common and machine-readable electronic format.
  • Right to be forgotten – The right to have their personal data erased.
  • Right to rectification – The right to have their personal data corrected where it is inaccurate for incomplete.
  • Right to object – The right to complain and to object to processing
  • Right to purpose limitation – The right to limit the extent of the processing of their personal date.
  • Right related to automation decision-making and profiling – The right not to be subject to decisions without human involvement.

Reporting of Data Breaches

  1. A personal data protection breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
  2. All members of staff should be vigilant and able to identify a suspected personal data breach which could include
  • Loss or theft of devices or data, including information stored on a USB device or paper.
  • Hacking or other forms of unauthorised access to a device, email account, or the network.
  • Disclosing of personal data to the wrong person, through wrongly addressed emails, or bulk emails that inappropriately reveal other recipient details.
  • Alterations or destruction of personal data without permission.
  1. Where a member of staff discovers or suspects a personal data breach, this should be reported to the Charity Manager as soon as possible.
  2. Where there is a likely risk to individual’s rights and freedom, the Charity Manager will report the breach to the Trustees and the ICO within 72 hours of being aware.
  3. The Charity Manager will also inform those individuals without undue delay.
  4. A record must be kept of all personal data breaches reported and followed up with appropriate measures and improvements to reduce the risk of reoccurrence.

A definition of terms is provided in the section below.

 Key contacts

3H Helping Hands for Holidays

Name Role Tel No E-mail
Corina Rumsey Policy Owner 01892 860207 corina@3hfund.org.uk
Jane Davy Charity Manager 01892 860207 jane@3hfund.org.uk

Claire Sanderson

 

CQC Registered Manager

 

01892 860207

 

claire@3hfund.org.uk 
Robert Sparke CQC Nominated Individual

01892 860207

 01892 860207

bob@3hfund.org.uk

bob@3hfund.org.uk

Abbreviations & terms/definitions

Acronym or Term Definition
CQC Care Quality Commission
SIP Service Improvement Plan
ICO Information Commissioner’s Office
SACM Service Asset and Configuration Management