Lighthouse Data Protection Policy 

  1. Introduction

This Policy sets out the obligations of the Lighthouse, part of Living Rivers Trust, whose registered office is at 8 Linenhall Street, Ballymena, BT43 5AL, regarding data protection and the rights of staff, residents, users of the service and others (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

This Policy sets the Lighthouse’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Lighthouse, its employees, agents, contractors, or other parties working on behalf of the Lighthouse.

The Lighthouse is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

 

  1. The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

  • Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
  • 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.
  • Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
  • Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
  • Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is 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 the data subject.
  • 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. The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):

  • The right to be informed (Part 12).
  • The right of access (Part 13);
  • The right to rectification (Part 14);
  • The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
  • The right to restrict processing (Part 16);
  • The right to data portability (Part 17);
  • The right to object (Part 18); and
  • Rights with respect to automated decision-making and profiling (Parts 19 and 20).

 

  1. Lawful, Fair, and Transparent Data Processing
    • The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
      • The data subject has given consent to the processing of their personal data for one or more specific purposes;
      • The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
      • The processing is necessary for compliance with a legal obligation to which the data controller is subject;
      • The processing is necessary to protect the vital interests of the data subject or of another natural person;
      • The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
      • The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
    • If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met: (only ones relevant to the Lighthouse are listed)
      • The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);
      • The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
      • The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
      • The data controller is a non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
      • The processing relates to personal data which is clearly made public by the data subject;
      • The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
      • The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
      • The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
      • The processing is necessary for public interest reasons in the area of public health; or
      • The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

 

  1. Specified, Explicit, and Legitimate Purposes
    • The Lighthouse collects and processes the personal data set out in Part 21 of this Policy. This includes:
      • Personal data collected directly from data subjects; and
      • Personal data obtained from third parties.
    • Data subjects are informed of the purpose or purposes for which the Lighthouse uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

 

  1. Adequate, Relevant, and Limited Data Processing

The Lighthouse will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Part 21, below.

 

  1. Accuracy of Data and Keeping Data Up-to-Date
    • The Lighthouse shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.
    • The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

 

  1. Data Retention
    • The Lighthouse shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
    • The Lighthouse retains personal information for 7 years after it is last needed. This is to provide services, references, for any clients who avail of our services after leaving, or information for bodies such as HMRC (for employees). It may be retained longer in cases of a legal requirement, Safeguarding or other overriding requirements.
    • When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
    • When establishing and/or reviewing retention periods, the following shall be taken into account:
      1. The objectives and requirements of the Lighthouse;
      2. The type of personal data in question;
      3. The purpose(s) for which the data in question is collected, held, and processed;
      4. The Lighthouse’s legal basis for collecting, holding, and processing that data;
      5. The category or categories of data subject to whom the data relates;
    • Certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Lighthouse to do so (whether in response to a request by a data subject or otherwise).

 

  1. Secure Processing

The Lighthouse shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.

 

  1. Accountability and Record-Keeping
    • The Lighthouse’s Data Protection Officer is Dr. Harvey Grahame-Smith. Phone: 0780 3618375; e mail: drharvey@livingrivers.cc.
    • The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Lighthouse’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.
    • The Lighthouse shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
      • The name and details of the Lighthouse, its Data Protection Officer, and any applicable third-party data processors;
      • The purposes for which the Lighthouse collects, holds, and processes personal data;
      • Details of the categories of personal data collected, held, and processed by the Lighthouse, and the categories of data subject to which that personal data relates;
      • Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
      • Details of how long personal data will be retained by the Lighthouse; and
      • Detailed descriptions of all technical and organisational measures taken by the Lighthouse to ensure the security of personal data.

 

  1. Data Protection Impact Assessments
    • The Lighthouse shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data.
    • Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
      • The type(s) of personal data that will be collected, held, and processed;
      • The purpose(s) for which personal data is to be used;
      • The Lighthouse’s objectives;
      • How personal data is to be used;
      • The parties (internal and/or external) who are to be consulted;
      • The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
      • Risks posed to data subjects;
      • Risks posed both within and to the Lighthouse; and
      • Proposed measures to minimise and handle identified risks.

 

  1. Keeping Data Subjects Informed
    • The Lighthouse shall provide the information set out in Part 12.2 to every data subject:
      • Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
      • Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
        1. if the personal data is used to communicate with the data subject, when the first communication is made; or
        2. if the personal data is to be transferred to another party, before that transfer is made; or
        3. as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
      • The following information shall be provided:
        • Details of the Lighthouse including, but not limited to, the identity of its Data Protection Officer;
        • The purpose(s) for which the personal data is being collected and will be processed and the legal basis justifying that collection and processing;
        • Where applicable, the legitimate interests upon which the Lighthouse is justifying its collection and processing of the personal data;
        • Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
        • Where the personal data is to be transferred to one or more third parties, details of those parties;
        • Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 28 of this Policy for further details);
        • Details of data retention;
        • Details of the data subject’s rights under the GDPR;
        • Details of the data subject’s right to withdraw their consent to the Lighthouse’s processing of their personal data at any time, where consent is the legal basis;
        • Details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);
        • Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
        • Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.

 

  1. Data Subject Access
    • Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Lighthouse holds about them, what it is doing with that personal data, and why.
    • Employees wishing to make a SAR should do using a Subject Access Request Form (obtainable from the office), sending the form to the Lighthouse’s Data Protection Officer at 8 Linenhall Street, Ballymena, BT43 5AL.
    • Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
    • All SARs received shall be handled by the Lighthouse’s Data Protection Officer.
    • The Lighthouse does not charge a fee for the handling of normal SARs. The Lighthouse reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

 

  1. Rectification of Personal Data
    • Data subjects have the right to require the Lighthouse to rectify any of their personal data that is inaccurate or incomplete.
    • The Lighthouse shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Lighthouse of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
    • In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

 

  1. Erasure of Personal Data
    • Data subjects have the right to request that the Lighthouse erases the personal data it holds about them in the following circumstances:
      • It is no longer necessary for the Lighthouse to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
      • The data subject wishes to withdraw their consent to the Lighthouse holding and processing their personal data;
      • The data subject objects to the Lighthouse holding and processing their personal data (and there is no overriding legitimate interest to allow the Lighthouse to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);
      • The personal data has been processed unlawfully;
      • The personal data needs to be erased in order for the Lighthouse to comply with a particular legal obligation.
    • Unless the Lighthouse has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
    • In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

 

  1. Restriction of Personal Data Processing
    • Data subjects may request that the Lighthouse ceases processing the personal data it holds about them. If a data subject makes such a request, the Lighthouse shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
    • In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

 

  1. Data Portability
    • Where data subjects have given their consent to the Lighthouse to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Lighthouse and the data subject, data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
    • To facilitate the right of data portability, the Lighthouse shall make available all applicable personal data to data subjects.
    • Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.
    • All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.

 

  1. Objections to Personal Data Processing
    • Data subjects have the right to object to the Lighthouse processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
    • Where a data subject objects to the Lighthouse processing their personal data based on its legitimate interests, the Lighthouse shall cease such processing immediately, unless it can be demonstrated that the Lighthouse’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
    • Where a data subject objects to the Lighthouse processing their personal data for direct marketing purposes, the Lighthouse shall cease such processing immediately.
    • Where a data subject objects to the Lighthouse processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. The Lighthouse is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

 

  1. Automated Decision-Making
    • The Lighthouse currently does not use personal data in automated decision-making processes. If it starts to do so Data Subjects will be informed and the points in this section will apply.
    • Where such decisions have a legal (or similarly significant effect) on data subjects, those data subjects have the right to challenge to such decisions under the GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Lighthouse.
    • The right described in Part 19.2 does not apply in the following circumstances:
      • The decision is necessary for the entry into, or performance of, a contract between the Lighthouse and the data subject;
      • The decision is authorised by law; or
      • The data subject has given their explicit consent.

 

  1. Profiling
    • The Lighthouse does not currently use personal data for profiling purposes. If it starts to do so Data Subjects will be informed, and the following will apply.
    • When personal data is used for profiling purposes, the following shall apply:
      • Clear information explaining the profiling shall be provided to data subjects, including the significance and likely consequences of the profiling;
      • Appropriate mathematical or statistical procedures shall be used;
      • Technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable them to be easily corrected; and
      • All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 to 26 of this Policy for more details on data security).

 

  1. Personal Data Collected, Held, and Processed

There are many categories of personal data collected from different groups of people and individuals, including residents, staff, visitors, and suppliers. Information is obtained for the purpose of providing the services, or for the functions carried out.

 

Information includes identifiers (e.g. name, address, phone number, e mail, National Insurance Number), information to provide support, financial information, information for working or being at the Lighthouse, job history, other information to provide a service.

 

  1. Data Security – Transferring Personal Data and Communications

The Lighthouse shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

  • All emails containing personal data must be encrypted where possible. If it cannot be encrypted decide if sending this information by e mail is essential;
  • All emails containing personal data must be marked “confidential”;
  • Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
  • Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
  • Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
  • Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
  • Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using a reliable method such as Special Delivery; and
  • All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.

 

  1. Data Security – Storage

The Lighthouse shall ensure that the following measures are taken with respect to the storage of personal data:

  • All electronic copies of personal data should be stored securely using passwords and data encryption where applicable;
  • All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
  • All personal data stored electronically should be backed up regularly with backups stored onsite. All backups should be encrypted where possible.
  • No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Lighthouse or otherwise without the formal approval of the Manager or Data Protection Officer and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; and
  • No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Lighthouse where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to the Lighthouse that all suitable technical and organisational measures have been taken).

 

  1. Data Security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of.

 

  1. Data Security – Use of Personal Data

The Lighthouse shall ensure that the following measures are taken with respect to the use of personal data:

  • No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Lighthouse requires access to any personal data that they do not already have access to, such access should be formally requested from either the Manager or the Data Protection Officer;
  • No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Lighthouse or not, without the authorisation of either the Manager or the Data Protection Officer;
  • Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
  • If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
  • Where personal data held by the Lighthouse is used for marketing purposes, it shall be the responsibility of the Manager or the Data protection Officer to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service.

 

  1. Data Security – IT Security

The Lighthouse shall ensure that the following measures are taken with respect to IT and information security:

  • All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols.
  • Under no circumstances should any passwords be shared between any employees, agents, contractors, or other parties working on behalf of the Lighthouse, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method.
  • All software (including, but not limited to, applications and operating systems) shall be kept up-to-date.; and
  • No software may be installed on any Lighthouse-owned computer or device without the prior approval of the Management.

 

  1. Organisational Measures

The Lighthouse shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

  • All employees, agents, contractors, or other parties working on behalf of the Lighthouse shall be made fully aware of both their individual responsibilities and the Lighthouse’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;
  • Only employees, agents, sub-contractors, or other parties working on behalf of the Lighthouse that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Lighthouse;
  • All employees, agents, contractors, or other parties working on behalf of the Lighthouse handling personal data will be appropriately trained to do so;
  • All employees, agents, contractors, or other parties working on behalf of the Lighthouse handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
  • Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
  • All personal data held by the Lighthouse shall be reviewed periodically;
  • The performance of those employees, agents, contractors, or other parties working on behalf of the Lighthouse handling personal data shall be regularly evaluated and reviewed;
  • All employees, agents, contractors, or other parties working on behalf of the Lighthouse handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
  • All agents, contractors, or other parties working on behalf of the Lighthouse handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Lighthouse arising out of this Policy and the GDPR; and
  • Where any agent, contractor or other party working on behalf of the Lighthouse handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Lighthouse against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

 

  1. Transferring Personal Data to a Country Outside the EEA
    • The Lighthouse may from time to time transfer personal data to countries outside of the EEA. This may arise for the purposes of Supervision when involving some Trustees of Living rivers who reside outside the EEA.
    • We will ensure:
      • The transfer is necessary for the performance of a contract between the data subject and the Lighthouse (or for pre-contractual steps taken at the request of the data subject);
      • The transfer is necessary for important public interest reasons;
      • The transfer is necessary for the conduct of legal claims;
      • The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
      • That steps are taken to ensure security of any transferred data, both during transfer and after it is received.

 

  1. Data Breach Notification See also Part 2 of this policy
    • All personal data breaches must be reported immediately to the Lighthouse’s Data Protection Officer.
    • If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
    • In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
    • Data breach notifications shall include the following information:
      • The categories and approximate number of data subjects concerned;
      • The categories and approximate number of personal data records concerned;
      • The name and contact details of the Lighthouse’s data protection officer (or other contact point where more information can be obtained);
      • The likely consequences of the breach;
      • Details of the measures taken, or proposed to be taken, by the Lighthouse to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

 

  1. Implementation of Policy

This Policy shall be deemed effective as of 1/5/18. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

This Policy has been approved and authorised by:

Name: Mark Forsythe                                         Harvey Grahame-Smith
Position: Manager                                                   Data Lead
Date: 10/5/18                                                  10/5/18
Due for Review by: 1/11/18 then annually
Signature:
 

This policy may be further altered on input from staff. Once the policy is confirmed a summary version will be made available for staff, users, and residents and the full policy will remain available.

Lighthouse Data Breach Policy

Purpose

This policy is intended to particularly cover areas around Data Breach.

The Data Protection Policy has three separate parts:

  1. Main part
  2. Data Breach – this document
  3. Employee Data Protection

Despite the procedures and process to be followed in the Data Protection Policy a Data Breach may occur

Policy Statement

 

The Lighthouse holds large amounts of personal and sensitive data. Every care is taken to protect personal data and to avoid a data protection breach. In the event of data being lost or shared inappropriately, it is vital that appropriate action is taken to minimise any associated risk as soon as possible. This procedure applies to all personal and sensitive data held by the Lighthouse, staff, Trustees, volunteers and contractors, referred to herein after as ‘staff’.

 

Legal Context

 

Article 33 of the General Data Protection Regulations

Notification of a personal data breach to the supervisory authority

 

  1. In the case of a personal data breach, the Data Controller shall without undue delay and, where feasible, not later than 72 (24 hours if an electronic breach) hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within the required time period, it shall be accompanied by reasons for the delay.

 

  1. The notification referred to in paragraph 1 shall at least:

(a)       describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned;

(b)       communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;

(c)       describe the likely consequences of the personal data breach;

(d)       describe the measures taken or proposed to be taken by the Data Controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

 

  1. Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.

 

  1. The Data Controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.

 

Types of Breach

 

Data protection breaches could be caused by several factors. Several examples are shown below:

 

  • Loss or theft of child, staff, individual, or governing body data and/ or equipment on which data is stored;
  • Inappropriate access controls allowing unauthorised use;
  • Equipment Failure;
  • Poor data destruction procedures;
  • Human Error;
  • Cyber-attack;

 

Managing a Data Breach

 

In the event that a breach is identified or is notified of a personal data breach, the following steps should be followed:

 

  1. The person who discovers/receives a report of a breach must inform The Data Protection Officer or, in their absence, the Management. If the breach occurs or is discovered outside normal working hours, this should begin as soon as is practicable.

 

  1. The Data Protection Officer or nominated person must ascertain whether the breach is still occurring. If so, steps must be taken immediately to minimise the effect of the breach. An example might be to shut down a system, or to alert relevant staff such as the IT technician.

 

  1. The Data Protection Officer or nominated person must inform the Chair of Trustees as soon as possible. As a registered Data Controller, it is our responsibility to take the appropriate action and conduct any investigation.

 

  1. The Data Protection Officer or nominated person must also consider whether the Police need to be informed. This would be appropriate where illegal activity is known or is believed to have occurred, or where there is a risk that illegal activity might occur in the future. In such instances, advice should be obtained.

 

  1. The Data Protection Officer or nominated person must quickly take appropriate steps to recover any losses and limit the damage. Steps might include:

 

  1. Attempting to recover lost equipment.

 

  1. Contacting the relevant people / departments / organisations, so that they are prepared for any potentially inappropriate enquiries (‘phishing’) for further information on the individual or individuals concerned. Consideration should be given to a global email to all staff. If an inappropriate enquiry is received by staff, they should attempt to obtain the enquirer’s name and contact details if possible and confirm that they will ring the individual, making the enquiry, back. Whatever the outcome of the call, it should be reported immediately by the Data Protection Officer.

 

  1. The use of back-ups to restore lost/damaged/stolen data.

 

  1. If bank details have been lost/stolen, consider contacting banks directly for advice on preventing fraudulent use.

 

  1. If the data breach includes any entry codes or IT system passwords, then these must be changed immediately, and the relevant agencies and members of staff informed.

 

  1. The persons affected by the Data Breach will be contacted and informed as early as feasible.

 

  1. In the event of a possible or actual Data Breach that does not require reporting then the details should be recorded and reasons given as to why a report was not made and kept with the GDPR log.

 

Investigation

 

In most cases, the next stage would be for the Data Protection Officer to fully investigate the breach. The Data Protection Officer should ascertain whose data was involved in the breach, the potential effect on the data subject and what further steps need to be taken to remedy the situation. The investigation should consider:

 

  • The type of data;
  • Its sensitivity;
  • What protections were in place (e.g. encryption);
  • What has happened to the data;
  • Whether the data could be put to any illegal or inappropriate use;
  • How many people are affected;
  • What type of people have been affected (children, staff, congregants, suppliers etc) and whether there are wider consequences to the breach.

 

A clear record should be made of the nature of the breach and the actions taken to mitigate it. The investigation should be completed as a matter of urgency due to the requirements to report notifiable personal data breaches to the Information Commissioner’s Office. A more detailed review of the causes of the breach and recommendations for future improvements can be done once the matter has been resolved.

Notification

 

Some people/agencies may need to be notified as part of the initial containment. However, the decision will normally be made once an initial investigation has taken place. The Data Protection Officer should, and may seek expert or legal advice if needed, decide whether anyone is notified of the breach. In the case of significant breaches, the Information Commissioner’s Office (ICO) must be notified within 72 hours of the breach (24 hours if electronic). Every incident should be considered on a case by case basis.

 

When notifying individuals, give specific and clear advice on what they can do to protect themselves and what we are able to do to help them. You should also give them the opportunity to make a formal complaint if they wish (see the Complaints Procedure). The notification should include a description of how and when the breach occurred and what data was involved. Include details of what you have already done to mitigate the risks posed by the breach

 

Review and Evaluation

 

Once the initial aftermath of the breach is over, the Data Protection Officer should fully review both the causes of the breach and the effectiveness of the response to it. It should be reported to the next available Senior Management Team and full Directors meeting for discussion. If systemic or ongoing problems are identified, then an action plan must be drawn up to put correct these. This breach procedure may need to be reviewed after a breach or after legislative changes, new case law or new guidance.

 

Implementation

 

The Data Protection Officer should ensure that staff are aware of the Data Protection policy and its requirements including this breach procedure. This should be undertaken as part of induction, supervision and ongoing training. If staff have any queries in relation to the Data Protection policy and associated procedures, they should discuss this with the Data Protection Officer or the Management.

 

Review

 

This policy will be updated as necessary (at least once every two years) to reflect best practice in data management, security, and control to ensure compliance with any changes or amendments made to GDPR or subsequent acts.

Policy Adopted by Management Board: ___10/5/18________________________

Policy Last Reviewed on: ______________10/5/18________________________

 

Policy Due for Review on: 1st November 2018

Signed __________________________________ (Chair)

 

Policy Review frequency: November then annual at present