1.     Introduction

Time Out Group needs to collect and use certain types of information about the Data Subjects who come into contact with it in order to carry on our work. This personal information must be collected and dealt with appropriately– whether on paper, in a computer, or recorded on other material – and there are safeguards to ensure this under the Data Protection Act 2018.

2.     Definitions

The following list below of definitions of the technical terms is intended to aid understanding of this policy.

Data Controller – The person/body responsible for deciding how and why personal data is to be processed.

Data Protection Act 2018 – the UK’s implementation of the General Data Protection Regulation (GDPR).  It provides data protection and privacy for individuals. GDPR is enforced by the ICO. (https://www.gov.uk/data-protection).

Data Protection Officer – The person(s) responsible for ensuring that it follows its data protection policy and a requirement of GDPR.

Data Subject – a natural person whose personal data is processed by a controller or processor

Data processor – the person/body carrying out data processing on behalf of the controller

ICO – The UK Information Commissioner responsible for implementing and overseeing GDPR.

Processing – means obtaining, recording, holding, organising, adapting, altering, retrieving, consulting, using, aligning or disclosing data or information

Personal data – Information relating to an identifiable person who can be directly or indirectly identified

Sensitive personal data – means data about:

  • Racial or ethnic origin
  • Political opinions
  • Religious or similar beliefs
  • Trade union activities
  • Physical or mental health
  • Sexual life
  • Criminal record
  • Criminal proceedings relating to a data subject’s offences

3.     Data Controller

Time Out Group is the Data Controller under GDPR. It is responsible for notifying the Information Commissioner of any breach within 72 hours of knowing there has been a breach.

4.     Disclosure

Time Out Group may share data with other agencies such asthe local authority, funding bodies and other Companies.  The Data Subject will be made aware in most circumstances how and with whom their information will be shared.  There are circumstances where the law allows Time Out Group to disclose data (including sensitive data) without the data subject’s consent.   These are:

  1. Carrying out a legal duty or as authorised by the Secretary of State
  2. Protecting vital interests of a Data Subject or other person
  3. The Data Subject has already made the information public
  4. Conducting any legal proceedings, obtaining legal advice or defending any legal rights 
  5. Monitoring for equal opportunities purposes – i.e. race, disability or religion
  6. Providing a confidential service where the Data Subject’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Data Subjects to provide consent signatures.

Time Out Group regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal.  Time Out Group intends to ensure that personal information is treated lawfully and correctly.

To this end Time Out Group will adhere to the Principles of Data Protection, as detailed in GDPR. Specifically, the Principles require that personal information:

  1. shall be processed fairly and lawfully and transparently
  2. shall be obtained only for specific, explicit and legitimate purposes
  3. shall be adequate, relevant and necessary
  4. shall be accurate and, where necessary, kept up to date
  5. shall not be kept in identifiable form for no longer than is necessary
  6. shall be processed securely

Time Out Group will, through appropriate management, strict application of criteria and controls:

  • observe fully conditions regarding the fair collection and use of information,
  • meet its legal obligations to specify the purposes for which information is used,
  • collect and process appropriate information, and only to the extent that it is needed to fulfil its operational needs or to comply with any legal requirements,
  • ensure the quality of information used,
  • ensure that the rights of people about whom information is held, can be fully exercised under GDPR. These include:
    • the right to be informed that processing is being undertaken
    • the right of access to one’s personal information
    • the right to prevent processing in certain circumstances and
    • the right to correct, rectify, block or erase information which is regarded as wrong information)
  • take appropriate technical and organisational security measures to safeguard personal information
  • treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
  • set out clear procedures for responding to requests for information (see “Data Access and Accuracy” below).

Data processing

Informed consent is when

  • a Data Subject clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data
  • and then gives their consent.

Time Out Group will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.

When collecting data, Time Out Group will ensure that the Data Subject:

  • clearly understands why the information is needed
  • understands what it will be used for and what the consequences are should the Data Subject decide not to give consent to processing
  • as far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
  • is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
  • has received sufficient information on why their data is needed and how it will be used
  • Consent from parent or guardian required for Data Subjects under the age of 16; proof of age required in form of seeing a copy of passport or birth certificate 

Data Sharing

Data protection law allows for data to be shared in extraordinary circumstances. For example, there are provisions in the Data Protection Act 2018 that allow data sharing where it supports necessary and proportionate action.

In addition, the Secretary of State has issued COPI notices (control of patient information), directing healthcare organisations in England and Wales to share confidential information for purposes relating to the coronavirus pandemic, such as providing care services and managing risks to public health.

Data Storage

Information and records relating to service users, staff and volunteers will be stored securely and will only be accessible to authorised staff.

Information will be stored for only as long as it is needed or required by statute.

When Time Out Group members or volunteers have not attended Time Out Group sessions for 12 months or been in contact regarding future attendance, we will destroy by shredding all paper records and documents held, within 6 months of the end of the 12 month period.  We will record this has been done and evidenced by a second person.

It is the responsibility of Time Out Group to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation which has been passed on/sold to a third party. 

Data access and accuracy

All Data Subjects have the right to access the information Time Out Group holds about them.  Upon request, Time Out Group will issue a Subject Access Request (SAR) form to be completed and returned to the Data Protection Officer. We will endeavour to respond promptly and in any event within 30 days of the latest of the following:

•         Our receipt of your written request; or

•         Our receipt of any further information we may ask you to provide to enable us to comply with your request.

In addition, Time Out Group will ensure that:

  • It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection;
  • Everyone processing personal information understands that they are contractually responsible for following good data protection practice;
  • Everyone processing personal information is appropriately trained to do so;
  • Everyone processing personal information is appropriately supervised;
  • Anybody wanting to make enquiries about handling personal information knows what to do;
  • It deals promptly and courteously with any enquiries about handling personal information;
  • It describes clearly how it handles personal information;
  • It will regularly review and audit the ways it hold, manage and use personal information;
  • It regularly assesses and evaluates its methods and performance in relation to handling personal information;
  • All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them.

This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the GDPR regulations.

In case of any queries or questions in relation to this policy please contact the Time Out Group Data Protection Officer, Jo Adams, Charity Manager jo.adams@timeoutgroup.org.uk

Revision

This policy will be reviewed annually or when relevant new legislation comes into place.  Any amendment to policies will be notified to you in writing.