General Data Protection Regulation Policy & Procedure

Introduction

Addiction Dependency Solutions needs to collect and use certain types of personal information about participants (‘Data Subjects’) who come into contact with it in order to deliver its [core] work/services. This personal information must be collected and dealt with appropriately – whether on paper, in a computerised system, or recorded on other material – and there are safeguards to ensure this under the General Data Protection Regulation 2018 (See update below).

The following list below of definitions of the technical terms we have used and is intended to aid understanding of this policy.

Data Controller – The person who (either alone or with others) decides what personal information Addiction Dependency Solutions will hold and how it will be held or used.

General Data Protection Regulation (UK-GDPR) – The UK legislation that provides a framework for responsible behaviour by those using personal information.

Data Protection Officer – The person(s) responsible for ensuring that it follows its data protection policy and complies with the Data Protection Act 2018.

Data Subject/Participant – The individual whose personal information is being held or processed by Addiction Dependency Solutions (for example: a participant, an employee, a volunteer, a supporter)

‘Explicit’ consent – is a freely given, specific and informed agreement by a Data Subject (see definition) to the processing* of personal information* about her/him. Explicit consent is needed for processing sensitive* data

* See definition

Notification – Notifying the Information Commissioner about the data processing activities of Addiction Dependency Solutions as certain activities may be exempt from notification.

Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the GDPR.

Processing – means collecting, amending, handling, storing or disclosing personal information

Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees within Addiction Dependency Solutions.

UPDATE to legislation since Brexit and the UK’s exit from the EU:

With effect from the 1^st Jan 2021, the UK stopped being part of the EU and hence the “EU-GDPR” cease to protect the rights and freedoms of UK Citizens regarding their Personal Information. To prevent this becoming the case, the UK Government published an update to the DPA 2018 called the ‘Data Protection, Privacy and Electronic Communication’.

Sensitive data – this refers to data beyond basic personal information and includes

Racial or ethnic origin
Political opinions
Religious or similar beliefs
Trade union membership
Physical or mental health
Sexual life
Criminal record
Criminal proceedings relating to a data subject’s offences

Data Controller

The Chief executive Officer, Chris Judge, is the Data Controller under the Act, which means that it determines what purposes personal information held will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.

Disclosure

Addiction Dependency Solutions may share data with other agencies such as the local authority, funding bodies and other voluntary agencies for reporting and monitoring purposes.

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 Addiciton Dependency Solutions 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.

Addiction Dependency Solutions 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.

Addiction Dependency Solutions intends to ensure that personal information is treated lawfully and correctly.

To this end, Addiction Dependency Solutions will adhere to the 8 Principles of Data Protection, as detailed in the GDPR.

Specifically, the Principles require that personal information:

Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,
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 Act
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.

Addiction Dependency Solutions 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 Act. 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.

Data collection

Addiction Dependency Solutions is obliged to state a valid lawful basis for data collection and processing. Under GDPR there are 6 lawful bases which include:

Informed consent
Contractual
Legal obligation
Vital interest
Public task
Legitimate interest

Legitimate Interest

ADS collects and processes the personal data set out in this Policy. This includes:

Personaldatacollecteddirectlyfromdatasubjectsand
Personaldataobtainedfromthird

ADS only collects, processes, and holds personal data for the specific purposes set out in this Policy (or for other purposes expressly permitted by the GDPR).

Data subjects are kept informed at all times of the purpose or purposes for which ADS uses their personal data.

Informed consent

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.

Addiction Dependency Solutions 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, Addiction Dependency Solutions 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 stakeholders and clients will be stored securely and will only be accessible to authorised staff and volunteers. All data is held on cloud servers provided by Microsoft, all data is password protected with individual staff and volunteers being given access to systems on data based on their role within the organisation and need to access data. We do not hold paper records. Volunteer and participant data is stored on a secure system called Volunteero which meets the highest requirements and safety standards for storage of data.

Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.

It is Addiction Dependency Solutions’ 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.

Data access and accuracy

All Data Subjects have the right to access the information Addiction Dependency Solutions holds about them. Upon a data access request, Addiction Dependency Solutions will first establish the true identity of the subject, and endeavor to release all data relating to that subject within 5 working days at no cost to the individual.

Individuals have the right to expect organisations to keep accurate data about them. Addiction Dependency Solutions will take all reasonable steps to ensure that this information is kept up to date by contacting data subjects every 12 months to establish whether there have been any changes.

Individuals also have the right to erasure, except in cases where there is a lawful reason where data needs to be retained. Addiction Dependency Solutions will action erasure requests within 5 working days. Where erasure is not possible, Addiction Dependency Solutions will anonymise data as fully as possible, to the satisfaction of the data subject.

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 General Data Protection Regulation 2018.