APPROPRIATE POLICY DOCUMENT

About this policy
- This is the “appropriate policy document” for Inclusion Barnet setting out how we will protect Special Categories of Personal Data.
- This policy supports Inclusion Barnet Privacy Policy which may be found here.
- This document meets the requirement of the Data Protection Act 2018 that an appropriate policy document be in place where Processing Special Categories of Personal Data in certain circumstances.
Definitions

Controller: the person or organisation that determines when, why and how to Process Personal Data.

Data Retention Schedule: explains how the organisation classifies and manages the retention and disposal of its information. Time periods for retention are set out in the retention schedule which will be provided upon written request. Please note that some retention periods extend up to six years.

Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. A DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programmes involving the Processing of Personal Data.

DPA 2018: The Data Protection Act 2018.

Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the UK GDPR. Where a mandatory DPO has not been appointed, this term means a data privacy manager or other voluntary appointment of a DPO or refers to the organisation’s data privacy team with responsibility for data protection compliance.

UK GDPR: the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR).

Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably possess. Personal Data includes Special Categories of Personal Data.

Privacy Policy: the separate notice setting out information that may be provided to Data Subjects when the organisation collects information about them.

Processing or Process: any activity that involves the use of Personal 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 transmitting or transferring Personal Data to third parties.

Special Categories of Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.

Why we process Special Categories of Personal Data
- We process Special Categories of Personal Data for the following purposes:
  - providing you with suitable support to meet your needs.
  - complying with health and safety
  - complying with the Equality Act 2010.
  - to support and promote self-advocacy opportunities.

Personal data protection principles
- The UK GDPR requires personal data to be processed in accordance with the six principles set out in Article 5(1). Article 5(2) requires controllers to be able to demonstrate compliance with Article 5(1).
- We comply with the principles relating to Processing of Personal Data set out in the UK GDPR which require Personal Data to be:
  - Processed lawfully, fairly 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 in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation); and
  - Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction, or damage (Security, Integrity and Confidentiality).
- We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
Compliance with data protection principles
- Lawfulness, fairness and transparency

Personal Data must be processed lawfully, fairly and in a transparent manner in relation to the Data Subject.

We will only Process Personal Data fairly and lawfully and for specified purposes. The UK GDPR restricts our actions regarding Personal Data to specified lawful purposes. We can Process Special Categories of Personal Data only if we have a legal ground for Processing and one of the specific Processing conditions relating to Special Categories of Personal Data applies. We will identify and document the legal ground and specific Processing condition relied on for each Processing activity.

When collecting Special Categories of Personal Data from Data Subjects, either directly from Data Subjects or indirectly (for example from a third party or publicly available source), we will provide Data Subjects with a copy of our Privacy Policy setting out all the information required by the UK GDPR in a privacy policy which is concise, transparent, intelligible, easily accessible and in clear plain language which can be easily understood.

Lawful Processing basis

Processing condition for Special Categories of Personal Data

Data concerning health

Compliance with a legal obligation (Article 6 (1)(c)) or necessary for the performance of a contract with the Data Subject (Article 6(1)(b)).

Necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on the controller or the Data Subject in connection with employment, social security, or social protection.

(Paragraph 1(1)(a), Schedule 1, DPA 2018.)

Racial or ethnic origin data

Compliance with a legal obligation (Article 6(1)(c)).

(Paragraph 1(1)(a), Schedule 1, DPA 2018.)

Equal opportunity data

In the organisation’s legitimate interests (Article 6(1)(f)) which are not outweighed by the fundamental rights and freedoms of the Data Subject.

Necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people specified in relation to that category with a view to enabling such equality to be promoted or maintained.

(Paragraph 8(1)(b), Schedule 1, DPA 2018.)

Purpose limitation

Personal Data must be collected only for specified, explicit and legitimate purposes. They must not be further Processed in any manner incompatible with those purposes.

Data minimisation

Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

We will only collect or disclose the minimum Personal Data required for the purpose for which the data is collected or disclosed. We will ensure that we do not collect excessive data and that the Personal Data collected is adequate and relevant for the intended purposes.

Accuracy

Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

We will ensure that the Personal Data we hold, and use is accurate, complete, kept up to date and relevant to the purpose for which it is collected by us. We check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. We take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

Storage limitation

We only keep Personal Data in an identifiable form for as long as is necessary for the purposes for which it was collected, or where we have a legal obligation to do so. Once we no longer need Personal Data it shall be deleted or rendered permanently anonymous.

[We maintain a Data Retention Schedule and related procedures to ensure Personal Data is deleted after a reasonable time has elapsed for the purposes for which it was being held unless we are legally required to retain that data for longer.]

We will ensure Data Subjects are informed of the period for which data is stored and how that period is determined in our Privacy Policy.

Security, integrity, confidentiality

Personal Data shall be 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.

We will implement and maintain reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of or damage to Personal Data.

Accountability principle

We are responsible for, and able to demonstrate compliance with these principles. Our DPO is responsible for ensuring that we are compliant with these principles. Any questions about this policy should be submitted to the DPO.

We will:

Ensure that records are kept of all Personal Data Processing activities, and that these are provided to the Information Commissioner on request.
Carry out a DPIA for any high-risk Personal Data Processing to understand how Processing may affect Data Subjects and consult the Information Commissioner if appropriate.
Ensure that a DPO is appointed to provide independent advice and monitoring of Personal Data handling, and that the DPO has access to report to the highest management level.
Have internal processes to ensure that Personal Data is only collected, used, or handled in a way that is compliant with data protection law.

Controller’s policies on retention and erasure of personal data

We take the security of Special Categories of Personal Data very seriously. We have administrative, physical, and technical safeguards in place to protect Personal Data against unlawful or unauthorised Processing, or accidental loss or damage. We will ensure, where Special Categories of Personal Data are Processed that:

The Processing is recorded, and the record sets out, where possible, a suitable time period for the safe and permanent erasure of the different categories of data in accordance with our Data Retention Schedule.
Where we no longer require Special Categories of Personal Data for the purpose for which it was collected, we will delete it or render it permanently anonymous as soon as possible.
Where records are destroyed, we will ensure that they are safely and permanently disposed of.

Data Subjects may access our Privacy Policy here setting out how their Personal Data will be handled when we first obtain their Personal Data, and this will include the period for which the Personal Data will be stored, or if that is not possible, the criteria used to determine that period. The Privacy Policy is also available on our website.

Review
- This policy on Processing Special Categories of Personal Data is reviewed from time to time.
- The policy will be retained where we process Special Categories of Personal Data and for a period of at least six months after we stop carrying out such processing.
- A copy of this policy will be provided to the Information Commissioner on request and free of charge.

Dated:

Further information:

For further information about our compliance with data protection law, please contact our DPO

Full name of legal entity: Inclusion Barnet

Email address: info@inclusionbarnet.org.uk

Postal address: Inclusion Barnet, Independent Living Centre, Barnet and Southgate College, 7, Bristol Avenue, Colindale, London NW9 4BR

Telephone number: 020 3475 1314