GDPR

For: SERVE in Solidarity (Ireland) and SERVE in Solidarity (NI)

Last Updated: 29/11/2019

The General Data Protection Regulation

The General Data Protection Regulation 2016 [EC/2016/679] replaces the EU Data Protection Directive [95/46/EC] and supersedes the laws of individual European Union member states that were developed in compliance with Data Protection Directive [95/46/EC]. The purpose of the General Data Protection Regulation (hereafter referred to as the “GDPR”) is to protect the “rights and freedoms” of natural persons (i.e. living persons) and to ensure that personal data is not processed without their knowledge, and wherever possible, that it is processed with their consent. Individuals have a right to information about how their personal data is processed by an organisation.

SERVE is committed to processing data in accordance with its responsibilities under the GDPR.

SERVE’s Obligations

In undertaking the business and activities of SERVE in Solidarity (hereafter referred to as “The Organisation”), we create, gather, store and process personal data on a variety of data subjects including beneficiaries, staff, volunteers, donors, suppliers and members of the public. The Organisation’s use of personal data ranges from client enquiries, CCTV footage, financial transactions with customers, donors and suppliers through to the processing of beneficiary and client data throughout their journey and interactions with The Organisation. As The Organisation processes the personal data of staff, volunteers, beneficiaries and other individuals, it is defined as a Data Controller for the purposes of the GDPR.

The GDPR applies to all data relating to, and descriptive of, living individuals defined in the GDPR as personal data. Individuals are referred to as ‘data subjects’.

Some of the data that The Organisation creates, collects and processes may be sensitive data i.e. data concerning a data subject’s racial or ethnic origin, political opinions, religious beliefs, physical or mental health, sexual life, genetic data or trade union membership.

Data protection is an important part of The Organisation’s overall information security arrangements. All information must be handled safely and securely in accordance with The Organisation’s policies and procedures. In addition, some data sets are subject to external regulation/legislation and it is important that staff/volunteers recognise both categories when handling The Organisation’s information and data.

The GDPR and data protection acts place obligations on The Organisation and the way it handles personal data. In turn, the staff and volunteers in The Organisation have responsibilities to ensure that personal data is processed fairly, lawfully and in a transparent manner. Staff and volunteers also have responsibilities to ensure that personal data is processed securely. The Organisation should only process data if we have a valid condition of processing (e.g. consent from the data subject or a service agreement with the data subject) and we have provided information to data subjects about how and why we are processing their information (i.e. privacy notice). There are restrictions on what The Organisation can do with personal data such as passing personal information on to third parties, transferring information outside the European Economic Area or using it for the purposes of fundraising or direct marketing.

Article 5 of the GDPR requires that personal data shall be:

1. processed lawfully, fairly and in a transparent manner in relation to individuals;
2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
3. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”

1. This policy applies to all personal data processed by the Organisation.
2. The Responsible Person shall take responsibility for the Organisation’s ongoing compliance with this policy.
3. This policy shall be reviewed at least every two years.
4. The Organisation shall register with the Information Commissioner’s Office as an organisation that processes personal data.

1. To ensure its processing of data is lawful, fair and transparent, the Organisation shall maintain a Register of Systems.
2. The Register of Systems shall be reviewed at least annually.
3. Individuals have the right to access their personal data and any such requests made to the charity shall be dealt with in a timely manner.

1. All data processed by the Organisation must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
2. The Charity shall note the appropriate lawful basis in the Register of Systems.
3. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in  consent shall be kept with the personal data.
4. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Charity’s systems.

1. The Charity shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
2. [Add considerations relevant to the Charity’s particular systems]

1. The Charity shall take reasonable steps to ensure personal data is accurate.
2. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
3. [Add considerations relevant to the Charity’s particular systems]

1. To ensure that personal data is kept for no longer than necessary, the Charity shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
2. The archiving policy shall consider what data should/must be retained, for how long, and why.

1. The Charity shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
2. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
3. When personal data is deleted this should be done safely such that the data is irrecoverable.
4. Appropriate back-up and disaster recovery solutions shall be in place.

1. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Charity shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).

END OF POLICY