The Issue Status

The Issue status is indicated by the version number in the footer of this document.  It identifies the issue status of this Data Protection Policy.

When any part of this Data Protection Policy is amended, a record is made in the Amendment Log shown below.

The Data Protection Policy can be fully revised and re-issued at the discretion of the Senior Management Team.

IssueAmendmentDateInitialsSigned off by
1.0First Version07.07.2020BMBM

1.   Overview

1.1 Objectives

SMITHDOWN SOCIAL LTD needs to collect and use certain types of information about the Individuals who we come into contact with in order to carry out our work. This personal information must be collected and dealt with appropriately whether is collected on paper, stored in a computer database, or recorded on other material.  Safeguards ensured compliance with the 1998 Data Protection Act and the General Data Protection Regulation (GDPR) (EU) 2016/679.

1.2 Data Controller

SMITHDOWN SOCIAL LTD 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.

1.3 Disclosure

SMITHDOWN SOCIAL LTD may share data with other agencies such as the local authority, funding bodies and other voluntary agencies.

The Individual will be made aware of how and with whom their information will be shared.  There are circumstances where the law allows SMITHDOWN SOCIAL LTD to disclose data (including sensitive data) without the data subject’s consent. These are:

a)    Carrying out a legal duty or as authorised by the Secretary of State

b)    Protecting vital interests of an Individual or other person

c)     The Individual has already made the information public

d)    Conducting any legal proceedings, obtaining legal advice or defending any legal rights 

e)    Monitoring for equal opportunities purposes – i.e. race, disability or religion

SMITHDOWN SOCIAL LTD 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. 

SMITHDOWN SOCIAL LTD intends to ensure that personal information is treated lawfully and correctly. To this end, we will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998. Specifically, the Principles require that personal information:

a)    Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met

b)    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

c)    Shall be adequate, relevant and not excessive in relation to those purpose(s)

d)    Shall be accurate and, where necessary, kept up to date

e)    Shall not be kept for longer than is necessary

f)     Shall be processed in accordance with the rights of data subjects under the Act

g)    Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent un-authorised or unlawful processing or accidental loss or destruction of, or damage to, personal information

h)    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 Individuals/Service Users in relation to the processing of personal information.

SMITHDOWN SOCIAL LTD recognises the additional duties it owes to comply with General Data Protection Regulation (GDPR) (EU) 2016/679. Specifically, we will:

  • Secure and document the consent of Individuals prior to collecting any personal data.
  • Ensure that individuals understand their rights with regard to the consent that they have given for us to hold and process their data;
  • Make it clear that individuals can withdraw their consent for SMITHDOWN SOCIAL LTD to hold and process data at any time;
  • Not use the data for any purpose other than that for which informed consent is held, except in one of the circumstances outlined in the GDPR.
  • Ensure that contracts with commissioners are clear about information flows and the circumstances in which we will delete data when consent for us to hold and process data is withdrawn by an individual.
  • Make the information we hold on an individual available to them upon request and correct inaccuracies in a timely manner.

SMITHDOWN SOCIAL LTD will, through appropriate management and 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
    • The right to correct, rectify, block or erase information which is regarded as wrong information and
    • The right to erasure.

•     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.

2.   Data

2.1 Data Collection

Informed consent is when:

•     An Individual clearly understands why their information is needed, who it will be shared with and the possible consequences of them agreeing or refusing the proposed use of the data.

•     An Individual gives their consent predicated on the above.

SMITHDOWN SOCIAL LTD 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, SMITHDOWN SOCIAL LTD will ensure that the Individual:

a)         Clearly understands why the information is needed

b)         Understands what it will be used for and what the consequences are should the Individual decide not to give consent to processing

c)         Grants explicit consent, either written or verbal for data to be processed

d)         Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress

e)         Has received sufficient information on why their data is needed and how it will be used.

f)          Understands that they have the right to withdraw consent at any time.

2.2 Data Storage

Information and records relating to service users will be stored securely and will only be accessible to authorised staff.

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

It is the responsibility of SMITHDOWN SOCIAL LTD 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.

2.3 Data Access and Accuracy

All Individuals have the right to access the information SMITHDOWN SOCIAL LTD holds about them. SMITHDOWN SOCIAL LTD will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.

In addition, SMITHDOWN SOCIAL LTD will ensure that:

  • It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection
  • Everyone processing personal information understands that they are contractually responsible for following good data protection practice
  • Everyone processing personal information is appropriately trained to do so
  • Everyone processing personal information is appropriately supervised
  • Anybody wanting to make enquiries about handling personal information knows what to do
  • SMITHDOWN SOCIAL LTD deals promptly and courteously with any enquiries about handling personal information
  • SMITHDOWN SOCIAL LTD describes clearly how it handles personal information
  • SMITHDOWN SOCIAL LTD regularly reviews and audits the way it holds, manages and uses personal information 
  • SMITHDOWN SOCIAL LTD regularly assesses and evaluates its methods and performance in relation to handling personal information
  • All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them

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 or the GDPR.

In case of any queries or questions in relation to this policy please contact the SMITHDOWN SOCIAL LTD Data Protection Officer:

Contact Details
Name:Brenda Monahan

3. Glossary of Terms

3.1 Definitions

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

Data Protection Act 1998 – 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 SMITHDOWN SOCIAL LTD follows its data protection policy and complies with the Data Protection Act 1998.

Individual/Service User – The person whose personal information is being held or processed by SMITHDOWN SOCIAL LTD, for example, a client, an employee, or supporter.

Explicit consent – is a freely given, specific and informed agreement by an Individual/Service User in the processing of personal information about her/him. Explicit consent is needed for processing sensitive data.

Notification – Notifying the Information Commissioner about the data processing activities of SMITHDOWN SOCIAL LTD, as certain activities may be exempt from notification.

The link below will take to the ICO website where a self-assessment guide will help you to decide if you are exempt from notification:

Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 1998.

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 SMITHDOWN SOCIAL LTD.

Sensitive data – refers to data about:

•          Racial or ethnic origin

•          Political affiliations

•          Religion or similar beliefs

•          Trade union membership

•          Physical or mental health

•          Sexuality

•          Criminal record or proceedings

Policy Review Date:07.07.2021