Protection
Data Protection Policy
Introduction
This Data Protection Policy is the overarching policy for data handling and protection for ai365 (Purcom Procurement Services Limited & HC Insight Ltd.) (hereafter referred to as “us”, “we”, or “our”).
Purpose
The purpose of the Data Protection Policy is to support the General Data Protection Regulation (2016), the Data Protection Act (2018), the common law duty of confidentiality and all other relevant national legislation. We recognise data protection as a fundamental right and embrace the principles of data protection by design and by default.
This policy covers:
- Our data protection principles and commitment to common law and legislative compliance.
- Procedures for data protection by design and by default.
Scope
This policy includes in its scope all data which we process either in hardcopy or digital copy, this includes special categories of data.
This policy applies to all staff, including temporary staff and contractors.
Principles
We will be open and transparent with service users and those who lawfully act on their behalf in relation to their care and treatment. We will adhere to our duty of candour responsibilities as outlined in the Health and Social Care Act 2012.
We will establish and maintain policies to ensure compliance with the Data Protection Act 2018, Human Rights Act 1998, the common law duty of confidentiality, the General Data Protection Regulation and all other relevant legislation.
We will establish and maintain policies for the controlled and appropriate sharing of service user and staff information with other agencies, taking account all relevant legislation and citizen consent.
Where consent is required for the processing of personal data we will ensure that informed and explicit consent will be obtained and documented in clear, accessible language and in an appropriate format. The individual can withdraw consent at any time through processes which have been explained to them and which are outlined in our Record Keeping Policy: Withdrawal of Consent procedures. We ensure that it is as easy to withdraw as to give consent.
We will undertake annual audits of our compliance with legal requirements.
We acknowledge our accountability in ensuring that personal data shall be:
- Processed lawfully, fairly and in a transparent manner;
- Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- Accurate and kept up to date;
- 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 (‘storage limitation’);
- Processed in a manner that ensures appropriate security of the data.
We uphold the personal data rights outlined in the GDPR, including but not limited to:
- The right to be informed;
- The right of access;
- The right to rectification.
In line with legislation we employ a Data Protection Officer (DPO) who will report to the highest management level of the organisation. Our designated DPO is Phil Walker, they can be contacted via email: [email protected]; phone: 07388 340416; or at the following address: 8 Seven Wells, Amotherby, Malton, YO17 6TT.
The key responsibilities of the DPO are:
- Overseeing changes to systems and processes;
- Monitoring compliance with the GDPR and the Data Protection Act 2018;
- Overseeing the completing of DPIAs;
- Reporting on data protection and compliance with legislation to senior management;
- Liaising, if required, with the Information Commissioner’s Office (ICO).
Underpinning policies & procedures
This policy is underpinned by the following:
Record Management Policy – details transparency procedures, the management of records from creation to disposal (inclusive of retention and disposal procedures), information handling procedures, procedures for subject access requests, right to erasure, right to restrict processing, right to object, and withdrawal of consent to share;
Data Security Policy – outlines procedures for the ensuring the security of data including the reporting of any data security breach;
Business Continuity Plan –outlines the procedures in the event of a security failure or disaster affecting digital systems or mass loss of hardcopy information necessary to the day to day running of our organisation.
Data protection by design & by default
We shall implement appropriate organisational and technical measures to uphold the principles outlined above. We will integrate necessary safeguards to any data processing to meet regulatory requirements and to protect individual’s data rights. This implementation will consider the nature, scope, purpose and context of any processing and the risks to the rights and freedoms of individuals caused by the processing.
We shall uphold the principles of data protection by design and by default from the beginning of any data processing and during the planning and implementation of any new data process.
Prior to starting any new data processing, we will assess whether we should complete a Data Protection Impact Assessment (DPIA) using the ICO’s screening checklist:
All new systems used for data processing will have data protection built in from the beginning of the system change.
All existing data processing has been recorded on our Record of Processing Activities. Each process has been risk assessed and is reviewed annually.
We ensure that, by default, personal data is only processed when necessary for specific purposes and that individuals are therefore protected against privacy risks.
In all processing of personal data, we use the least amount of identifiable data necessary to complete the work it is required for and we only keep the information for as long as it is required for the purposes of processing or any other legal requirement to retain it.
Where possible, we will use pseudonymised data to protect the privacy and confidentiality of our staff and those we support.