Data Protection Policy
Shires Festival of Dance (Shires Festival of Dance) is committed to a policy of protecting the rights and privacy of individuals, the Shires Festival of Dance needs to collect and use certain types of Data in order to carry on our work. This personal information must be collected and dealt with appropriately.
The Data Protection Act 1998 (DPA) and the EU General Data Protection Regulation 2018 (GDPR) govern the use of information about people (personal data). Personal data can be held on computer or in a manual file, and includes email, minutes of meetings, and photographs. The Shires Festival of Dance will remain the data controller for the information held. The Shires Festival of Dance and volunteers will be personally responsible for processing and using personal information in accordance with the Data Protection Act 1998 and the EU General Data Protection Regulation 2018.
Shires Festival of Dance is exempt from giving notification to the Information Commissioners Office (ICO) about the data processing activities of the Shires Festival of Dance as we are a not-for-profit organisation. For further information see (www.ico.gov.uk)
Charity trustees, committee members, and volunteers running the Shires Festival of Dance; who have access to personal information, will be expected to read and comply with this policy.
The purpose of this policy is to set out the Shires Festival of Dance’s commitment and procedures for protecting personal data. The Shires Festival of Dance 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 with.
Individuals Rights
- the right to be informed;
- the right of access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to data portability;
- the right to object; and
- the right not to be subjected to automated decision-making including profiling.
Personal data:
- Shall be processed lawfully and, in particular, shall not be processed unless specific conditions are met
- Shall be obtained only for the purposes specified and shall not be processed in any other manner
- Shall be adequate, relevant and not excessive in relation to those purpose(s)
- Shall be accurate and, where necessary, kept up to date
- Shall not be kept for longer than is necessary
- Shall be processed in accordance with the rights of data subjects under the DPA 1998 and GDPR 2018
- Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information
- 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 data subjects in relation to the processing of personal information.
Applying the Data Protection Act and the General Data Protection Regulations within the Shires Festival of Dance
It is Shires Festival of Dance’s responsibility to ensure data is collected and stored only for the following purposes; volunteers at the Shires Festival of Dance will undertake tasks such as; processing entry forms, involving the collection of personal details from members of the public (children under the age of 16 years must have signed parental or legal guardian consent) and for processing information those committee members and charity trustees.
Access to personal information is limited to volunteers at the Shires Festival of Dance.
Correcting data
Individuals have a right to have data corrected if it is wrong, to prevent use which is causing them damage or distress or to stop marketing information being sent to them.
Responsibilities
The Shires Festival of Dance is the Data Controller under the DPA & GDPR, and is legally responsible for complying with legislation, which means that it determines what purposes personal information held will be used for.
The festival committee will take into account legal requirements and ensure that it is properly implemented, and 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 the DPA 1998 and GDPR 2018, 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
- 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
The Data Protection Officer on the Shires Festival of Dance committee is:
Name: Steve Johnstone
Contact Details: data-protection@shiresfestival.org
The Data Protection Officer will be responsible for ensuring that the policy is implemented and will have overall responsibility for:
- Everyone processing personal information understands that they are responsible for following good data protection practice
- Everyone processing personal information is appropriately informed on how to do so
- Everyone processing personal information is appropriately supervised and or audited
- Anybody wanting to make enquiries about handling personal information knows what to do
- Dealing promptly and courteously with any enquiries about handling personal information
- Describe clearly how it handles personal information
- Regularly evaluate methods which Shires Festival of Dance hold, manage, handle and use personal information
- All staff and volunteers are aware that a breach of the rules and procedures identified in this policy may lead to action being taken against them and termination of their involvement with Shires Festival of Dance.
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, the General Data Protection Regulations 2018 and any further Data Protection Bills of Parliament.
Data Collection
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 (parental or legal guardian consent must be obtained for those individuals under the age of 16 years).
Shires Festival of Dance 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, Shires Festival of Dance 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
Data Storage
Information and records relating to service users will be stored securely and will only be accessible to authorised volunteers. Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.
It is Shires Festival of Dance’s responsibility 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.
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 DPA 1998 and the GDPR 2018.
Data Subject Access Requests
Members of the public may request certain information from the Local Authority under the Freedom of Information Act 2000. The Act does not apply to Shires Festival of Dance. However, if at any time we undertake the delivery of services under contracts with the Local Authority we may be required to assist them to meet the Freedom of Information Act request where we hold information on their behalf. Subject access requests will be processed within one month.
Disclosure
The Shires Festival of Dance may need to share data with other agencies such as the local authority, funding bodies and other voluntary agencies.
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 Shires Festival of Dance to disclose data (including sensitive data) without the data subject’s consent.
These are:
- Carrying out a legal duty or as authorised by the Secretary of State
- Protecting vital interests of a Data Subject or other person
- The Data Subject has already made the information public
- Conducting any legal proceedings, obtaining legal advice or defending any legal rights
- Monitoring for equal opportunities purposes – i.e. race, disability or religion
- 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.
Shires Festival of Dance 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.
Shires Festival of Dance intends to ensure that personal information is treated lawfully and correctly.
Risk Management
The consequences of breaching Data Protection can cause harm or distress to service users if their information is released to inappropriate people, or they could be denied a service to which they are entitled. Volunteers should be aware that they can be personally liable if they use customers’ personal data inappropriately. This policy is designed to minimise the risks and to ensure that the reputation of the Shires Festival of Dance is not damaged through inappropriate or unauthorised access and sharing.
Destroying Personal Data
Personal data should only be kept for as long as it is needed i.e. only keep that data for the duration of administering the festival and securely dispose of once the festival preparation and competition period is complete. We will ensure that this information is confidentially destroyed at the end of the relevant retention period.
Further Information
If members of the public have specific questions about information security and data protection in relation to the Shires Festival of Dance please contact the Data Protection Officer:
Signed: S.Johnstone Dated: FEBRUARY 2020
Signed: Shires Festival of Dance Committee Dated: FEBRUARY 2020
