NILS needs to collect and use certain types of information about its staff, volunteers and clients with whom we come into contact in order to deliver our charitable objects. This personal information must be collected and dealt with appropriately whether collected on paper, stored in a computer database, or recorded on other material and there are safeguards to ensure this under the General Data Protection Regulation 2018.

On occasion it may be necessary to share data with other agencies such as the local authority, Department for Work and Pensions, funding bodies and other voluntary agencies and, where possible or appropriate, the individual or client concerned will be made aware how and with whom their information will be shared. There are circumstances where the law allows organisations to disclose data (including sensitive data) without the data subject’s consent which include:

a) Carrying out a legal duty or as authorised by statute
b) Protecting vital interests of an individual, client or other person
c) The data subject has already made the information public
d) Conducting any legal proceedings, obtaining legal advice or defending any legal rights
e) Monitoring for equality and fairness purposes – i.e. race, disability or religion
f) 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 individuals to provide consent signatures.

 

NILS 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 interact and will ensure that personal information is treated lawfully and correctly. To this end NILS expects all staff, volunteers and people associated with the charity to adhere to the Principles of Data Protection, as set out in the General Data Protection Regulation 2018.

Specifically, the Principles require that personal information:

a) Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
b) Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,
c) Shall be adequate, relevant and not excessive in relation to those purpose(s)
d) Shall be accurate and, where necessary, kept up to date,
e) Shall not be kept for longer than is necessary
f) Shall be processed in accordance with the rights of data subjects under the Act,
g) Shall be kept secure by undertaking appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information.
h) Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of individuals in relation to the processing of personal information.

 

The charity will, through appropriate management and 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 the Act. These include:
o The right to be informed that processing is being undertaken,
o The right of access to one’s personal information
o The right to prevent processing in certain circumstances and
o The right to correct, rectify, block or erase information which is regarded as wrong
• Take appropriate technical and organisational security measures to safeguard personal information
• Ensure that personal information is not transferred abroad without suitable safeguards
• 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

 

Data Collection

Informed consent is when:

• An individual 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.
The charity 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 and when collecting data will ensure that the data subject:
a) Clearly understands why the information is needed, having been given sufficient information as to why their data is needed and how it will be used
b) Understands what it will be used for and what the consequences are should they decide not to give consent to processing
c) As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
d) Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress

 

Data Storage

Information and records relating to clients will be stored securely and will only be accessible to authorised staff and volunteers.

Information will be stored for only as long as it is needed or required by statute and will be disposed of appropriately and the charity will 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 individuals have the right to access the information NILS holds about them and reasonable steps will be taken to ensure that this information is kept up to date by asking data subjects whether there have been any changes.

The charity will also ensure that:

• A trustee is nominated 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 holds, manages and uses 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 in line with our Disciplinary and Capability Procedure.

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 Data Protection Act 1998 and General Data Protection Regulations 2018.