This policy applies to all of Breathing Space’s activities where a Data Subject’s Personal Data is collected, processed, stored or destroyed. All Directors, employees, volunteers, contractors and anyone else, who collects, processes, stores or destroys Personal Data on behalf of Breathing Space, should comply with this policy.
Anonymisation: Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) by any means or by any person.
Consent: Explicit and freely given authorisation from the Data Subject that their Personal Data can be processed for the specific purposes clearly outlined to them.
Contact: Any past, current or prospective Breathing Space customer, employee, volunteer, Director, contractor, or anyone else from whom Personal Data is collected by Breathing Space.
Data Controller: A natural or legal person, Public Authority, Agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
Encryption: The process of converting information or data into code, to prevent unauthorised access.
Identifiable Natural Person: Anyone 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal Data: Any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person.
Personal Data Breach: A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.
Profiling: Any form of automated processing of Personal Data where Personal Data is used to evaluate specific or general characteristics relating to an Identifiable Natural Person. In particular to analyse or predict certain aspects concerning that natural person’s performance at work, economic situations, health, personal preferences, interests, reliability, behaviour, location or movement.
Pseudonymisation: Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) without a “key” that allows the data to be re-identified.
Third Country: Any country not recognised as having an adequate level of legal protection for the rights and freedoms of Data Subjects in relation to the Processing of Personal Data.
Third Party: An organisation external to Breathing Space (which includes any associated charity or social enterprise organisations or persons that are considered part of Breathing Space’s network) with which Breathing Space conducts business and is also authorised to, under the direct authority of Breathing Space, process the Personal Data of Breathing Space’s Contacts
- Policy Dissemination & Enforcement
The management team must ensure that all Breathing Space persons responsible for Personal Data are aware of and comply with the contents of this policy.
In addition, the management team, will make sure all Third Parties engaged to process Personal Data on their behalf (i.e. their Data Processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all Third Parties, whether companies or individuals, prior to granting them access to Personal Data controlled by Breathing Space.
3.1 Data Protection by Design
To ensure that all Data Protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each system or process must have due consideration of this policy and Breathing Space’s obligations under the relevant Data Protection legislation, before implementation.
Data Protection Principles
Breathing Space has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data:
Principle 1: Lawfulness, Fairness and Transparency
Personal Data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means Breathing Space must tell the Data Subject what processing will occur (transparency), the processing must match the description given to the Data Subject (fairness), and it must be for one of the purposes specified in the applicable Data Protection regulation (lawfulness).
Principle 2: Purpose Limitation
Personal Data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. This means Breathing Space must specify exactly what the Personal Data collected will be used for and limit the processing of that Personal Data to only what is necessary to meet the specified purpose.
Principle 3: Data Minimisation
Personal Data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. This means Breathing Space must not store any Personal Data beyond what is strictly required.
Principle 4: Accuracy
Personal Data shall be accurate and kept up to date.
This means Breathing Space must have in place processes for identifying and addressing out-of-date, incorrect and redundant Personal Data.
Principle 5: Storage Limitation
Personal Data shall be 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. This means Breathing Space must, wherever possible, store Personal Data in a way that limits or prevents identification of the Data Subject.
Principle 6: Integrity & Confidentiality
Personal Data shall be 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. Breathing Space must use appropriate technical and organisational measures to ensure the integrity and confidentiality of Personal Data is maintained at all times.
Principle 7: Accountability
The management team shall be responsible for, and be able to demonstrate, compliance. This means they must demonstrate that the six Data Protection Principles (outlined above) are met for all Personal Data for which they are responsible.
3.3 Data Collection
3.3.1 Data Sources
Personal Data should be collected only from the Data Subject unless one of the following apply:
- The nature of the business purpose necessitates collection of the Personal Data from other persons or bodies.
- The collection must be carried out under emergency circumstances in order to protect the vital interests of the Data Subject or to prevent serious loss or injury to another person.
If Personal Data is collected from someone other than the Data Subject, the Data Subject must be informed of the collection unless one of the following apply:
- The Data Subject has received the required information by other means
- The information must remain confidential due to a professional secrecy obligation
- Legislation expressly provides for the collection, processing or transfer of the Personal Data
Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:
- One calendar month from the first collection or recording of the Personal Data
- At the time of first communication if used for communication with the Data Subject
- At the time of disclosure if disclosed to another recipient.
3.3.2 Data Subject Consent
Each person acting on behalf of Breathing Space will obtain Personal Data only by lawful and fair means and, where appropriate with the knowledge and Consent of the individual concerned.
Where a need exists to request and receive the Consent of an individual prior to the collection, use or disclosure of their Personal Data, Breathing Space is committed to seeking such Consent.
Persons acting on behalf of Breathing Space shall establish a system for obtaining and documenting Data Subject Consent for the collection, processing, and/or transfer of their Personal Data. The system must include provisions for:
- Determining what disclosures should be made in order to obtain valid Consent.
- Ensuring the request for Consent is presented in a manner which is clearly distinguishable from any other matters, is made in an intelligible and easily accessible form, and uses clear and plain language.
- Ensuring the Consent is freely given (i.e. is not based on a contract that is conditional to the processing of Personal Data that is unnecessary for the performance of that contract).
- Documenting the date, method and content of the disclosures made, as well as the validity, scope, and volition of the Consents given.
- Providing a simple method for a Data Subject to withdraw their Consent at any time.
3.3.3 Data Subject Notification
Each person acting on behalf of Breathing Space will, when required by applicable law, contract, or where they consider that it is reasonably appropriate to do so, provide Data Subjects with information as to the purpose of the processing of their Personal Data.
When the Data Subject is asked to give Consent to the processing of Personal Data and when any Personal Data is collected from the Data Subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:
- The Data Subject already has the information
- A legal exemption applies to the requirements for disclosure and/or Consent.
The disclosures may be given orally, electronically or in writing.
The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.
3.3.4 External Privacy Notices
Each external website provided by Breathing Space will include an online ‘Privacy and Cookies Notice’ fulfilling the requirements of applicable law.
All Privacy and Cookie Notices must be approved by the management team prior to publication on any Breathing Space external website.
3.4 Data Use
3.4.1 Data Processing
Breathing Space uses the Personal Data of its Contacts for the following broad purposes:
- The general running and business administration of Breathing Space’s processes.
- To provide services to Breathing Space customers
- The ongoing administration and management of customer services
- For employee, contractor and volunteer management
The use of a Contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a Contact’s expectations that their details will be used by Breathing Space to respond to a Contact request for information about the services on offer. However, it will not be within their reasonable expectations that Breathing Space would then provide their details to Third Parties for marketing purposes.
Each Breathing Space representative will process Personal Data in accordance with all applicable laws and applicable contractual obligations. More specifically, Breathing Space will not process Personal Data unless at least one of the following requirements are met:
- The Data Subject has given Consent to the processing of their Personal Data for one or more specific purposes
- Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract
- Processing is necessary for compliance with a legal obligation to which the Data Controller is subject
- Processing is necessary in order to protect the vital interests of the Data Subject or of another natural person
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Breathing Space
- Processing is necessary for the purposes of the legitimate interests pursued by Breathing Space or by a Third Party (except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject)
There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original purpose for which the Personal Data was collected. When making a determination as to the compatibility of the new reason for processing, guidance and approval must be obtained from a Breathing Space manager before any such processing may commence.
In any circumstance where Consent has not been gained for the specific processing in question, Breathing Space will address the following additional conditions to determine the fairness and transparency of any processing beyond the original purpose for which the Personal Data was collected:
- Any link between the purpose for which the Personal Data was collected and the reasons for intended further processing
- The context in which the Personal Data has been collected, in particular regarding the relationship between Data Subject and the Data Controller
- The nature of the Personal Data, in particular whether Special Categories of Data are being processed, or whether Personal Data related to criminal convictions and offences are being processed
- The possible consequences of the intended further processing for the
- The existence of appropriate safeguards pertaining to further processing, which may include Encryption, Anonymisation or Pseudonymisation.
3.4.2 Special Categories of Data
Breathing Space will only process Special Categories of Data (also known as sensitive data) where the Data Subject expressly consents to such processing or where one of the following conditions apply:
- The processing relates to Personal Data which has already been made public by the Data Subject
- The processing is necessary for the establishment, exercise or defence of legal claims
- The processing is specifically authorised or required by law
- 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
- Further conditions, including limitations, based upon legislation related to the processing of genetic data, biometric data or data concerning health
In any situation where Special Categories of Data are to be processed, prior approval must be obtained from a manager of Breathing Space and the basis for the processing clearly recorded with the Personal Data in question.
Where Special Categories of Data are being processed, Breathing Space will adopt additional protection measures. Each Breathing Space representative may also adopt additional measures to address local custom or social expectation over the processing of Special Categories of Data.
3.4.3 Data Quality
Each Breathing Space representative will adopt all necessary measures to ensure that the Personal Data they collect and process is complete and accurate in the first instance, and is updated to reflect the current situation of the Data Subject.
The measures adopted by Breathing Space to ensure data quality include:
- Correcting Personal Data known to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the Data Subject does not request rectification
- Keeping Personal Data only for the period necessary to satisfy the permitted uses or applicable statutory retention period
- The removal of Personal Data if in violation of any of the Data Protection principles or if the Personal Data is no longer required
- Restriction, rather than deletion of Personal Data, insofar as:
- A law prohibits erasure
- Erasure would impair legitimate interests of the Data Subject
- The Data Subject disputes that their Personal Data is correct and it cannot be clearly ascertained whether their information is correct or incorrect
3.4.4 Profiling & Automated Decision-Making
Breathing Space will only engage in Profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the Data Subject or where it is authorised by law.
Where a Breathing Space representative utilises Profiling and automated decision-making, this will be disclosed to the relevant Data Subjects. In such cases the Data Subjects will be given the opportunity to:
- Express their point of view
- Obtain an explanation for the automated decision
- Review the logic used by the automated system
- Supplement the automated system with additional data
- Have a human carry out a review of the automated decision
- Contest the automated decision
- Object to the automated decision-making being carried out
Each Breathing Space representative must also ensure that all Profiling and automated decision-making relating to a Data Subject is based on accurate data.
3.4.5 Digital Marketing
As a general rule Breathing Space will not send promotional or direct marketing material to a Breathing Space Contact through digital channels such as mobile phones, email and the Internet, without first obtaining their Consent. Any Breathing Space representative wishing to carry out a digital marketing campaign without obtaining prior Consent from the Data Subject must first have it approved by a Breathing Space manager.
Where Personal Data processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data processed for such purposes. If the Data Subject puts forward an objection, digital marketing related processing of their Personal Data must cease immediately and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted.
It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.
3.5 Data Retention
To ensure fair processing, Personal Data will not be retained by Breathing Space for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further processed.
This takes into account the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth. All Personal Data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.
3.6 Data Protection
Each Breathing Space representative will adopt physical, technical, and organisational measures to ensure the security of Personal Data. This includes the prevention of loss or damage, unauthorised alteration, access or processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment.
A summary of the Personal Data related security measures is provided below:
- Prevent unauthorised persons from gaining access to data processing systems in which Personal Data are processed
- Prevent persons entitled to use a data processing system from accessing Personal Data beyond their needs and authorisations
- Ensure that Personal Data in the course of electronic transmission during transport cannot be read, copied, modified or removed without authorisation
- Ensure that access logs are in place to establish whether, and by whom, the Personal Data was entered into, modified on or removed from a data processing system
- Ensure that in the case where processing is carried out by a Data Processor, the data can be processed only in accordance with the instructions of the Data Controller
- Ensure that Personal Data is protected against undesired destruction or loss
- Ensure that Personal Data collected for different purposes can and is processed separately
- Ensure that Personal Data is not kept longer than necessary
3.7 Data Subject Requests
The manager of Breathing Space will establish a system to enable and facilitate the exercise of Data Subject rights related to:
- Information access
- Objection to processing
- Objection to automated decision-making and Profiling
- Restriction of processing
- Data portability
- Data rectification
- Data erasure
If an individual makes a request relating to any of the rights listed above, Breathing Space will consider each such request in accordance with all applicable Data Protection laws and regulations.
No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature.
Data Subjects are entitled to obtain, based upon a request made in writing to Breathing Space and upon successful verification of their identity, the following information about their own Personal Data:
- The purposes of the collection, processing, use and storage of their Personal Data
- The source(s) of the Personal Data, if it was not obtained from the Data Subject
- The categories of Personal Data stored for the Data Subject
- The recipients or categories of recipients to whom the Personal Data has been or may be transmitted, along with the location of those recipients
- The envisaged period of storage for the Personal Data or the rationale for determining the storage period
- The use of any automated decision-making, including Profiling
- The right of the Data subject to:
- Object to processing of their Personal Data
- Lodge a complaint with the Data Protection Authority
- Request rectification or erasure of their Personal Data
- Request restriction of processing of their Personal Data
All requests for access to Personal Data should be referred to Breathing Space’s manager, who should log each request as it is received. A response to each request will be provided within 30 days of the receipt of the written request from the Data Subject. Appropriate verification must confirm that the requestor is the Data Subject or their authorised legal representative. Data Subjects shall have the right to require Breathing Space to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.
If Breathing Space cannot respond fully to the request within 30 days, the manager shall nevertheless provide the following information to the Data Subject, or their authorised legal representative within the specified time:
- An acknowledgement of receipt of the request
- Any information located to date
- Details of any requested information or modifications which will not be provided to the Data Subject, the reason(s) for the refusal, and any procedures available for appealing the decision
- An estimated date by which any remaining responses will be provided
- An estimate of any costs to be paid by the Data Subject (e.g. where the request is excessive in nature)
- The name and contact information of the Breathing Space individual who the Data Subject should contact for follow up
It should be noted that situations may arise where providing the information requested by a Data Subject would disclose Personal Data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights.
3.8 Law Enforcement Requests & Disclosures
In certain circumstances, it is permitted that Personal Data be shared without the knowledge or Consent of a Data Subject. This is the case where the disclosure of the Personal Data is necessary for any of the following purposes:
- The prevention or detection of crime
- The apprehension or prosecution of offenders
- The assessment or collection of a tax or duty
- By the order of a court or by any rule of law
If a Breathing Space representative processes Personal Data for one of these purposes, then they may apply an exception to the processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question.
If any Breathing Space representative receives a request from a court or any regulatory or law enforcement authority for information relating to a Breathing Space Contact, they must immediately notify the manager who will provide comprehensive guidance and assistance.
Data Protection Training
All Breathing Space employees, Directors, volunteers, contractors or any other representatives of Breathing Space that have access to Personal Data will have their responsibilities under this policy outlined to them as part of their training or contractual obligations. In addition, the Breathing Space manager will provide any necessary ongoing Data Protection training and procedural guidance for their staff or any other relevant persons.
The training and procedural guidance set forth will consist of, at a minimum, the following elements:
- The Data Protection Principles set forth in Section 3.2 above
- Each person’s duty to use and permit the use of Personal Data only by authorised persons and for authorised purposes
- The need for, and proper use of, the forms and procedures adopted to implement this policy
- The correct use of passwords, security tokens and other access mechanisms
- The importance of limiting access to Personal Data, such as by using password protected screen savers and logging out when systems are not being attended by an authorised person
- Securely storing manual files, print outs and electronic storage media
- The need to obtain appropriate authorisation and utilise appropriate safeguards for all transfers of Personal Data outside of the internal network and physical premises
- Proper disposal of Personal Data by using secure shredding facilities
- Any special risks associated with particular departmental activities or duties
3.10 Data Transfers
Breathing Space representatives may transfer Personal Data to internal or Third Party recipients located in another country where they are authorised by a Breathing Space manager to do so and where that country is recognised as having an adequate level of legal protection for the rights and freedoms of the relevant Data Subjects.
Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. Third Countries), they must be made in compliance with an approved transfer mechanism.
Breathing Space representatives may only transfer Personal Data where one of the transfer scenarios list below applies:
- The Data Subject has given Consent to the proposed transfer
- The transfer is necessary for the performance of a contract with the
- The transfer is necessary for the implementation of pre-contractual measures taken in response to the Data Subject’s request
- The transfer is necessary for the conclusion or performance of a contract concluded with a Third Party in the interest of the Data Subject
- The transfer is legally required on important public interest grounds
- The transfer is necessary for the establishment, exercise or defence of legal claims
- The transfer is necessary in order to protect the vital interests of the Data Subject
3.10.1 Transfers between Breathing Space persons or locations
In order for Breathing Space to carry out its operations effectively across locations or departments, there may be occasions when it is necessary to transfer Personal Data from one Breathing Space person, department or location to another, or to allow access to the Personal Data from an overseas location. Should this occur, the Breathing Space representative sending the Personal Data remains responsible for ensuring protection for that Personal Data and should comply with the terms of this policy.
3.10.2 Transfers to Third Parties
Each Breathing Space representative will only transfer Personal Data to, or allow access by, Third Parties when it is assured that the information will be processed legitimately and protected appropriately by the recipient. Where Third Party processing takes place, each Breathing Space representative will first identify if, under applicable law, the Third Party is considered a Data Controller or a Data Processor of the Personal Data being transferred.
Where the Third Party is deemed to be a Data Controller, Breathing Space will enter into an appropriate agreement with the Controller to clarify each party’s responsibilities in respect to the Personal Data transferred.
Where the Third Party is deemed to be a Data Processor, Breathing Space will enter into an adequate processing agreement with the Data Processor. The agreement must require the Data Processor to protect the Personal Data from further disclosure and to only process Personal Data in compliance with Breathing Space’s instructions. In addition, the agreement will require the Data Processor to implement appropriate technical and organisational measures to protect the Personal Data as well as procedures for providing notification of Personal Data Breaches.
When Breathing Space is outsourcing services to a Third Party (including Cloud Computing services), it will identify whether the Third Party will process Personal Data on its behalf and whether the outsourcing will entail any Third Country transfers of Personal Data. In either case, it will make sure to include, adequate provisions in the outsourcing agreement for such processing and Third Country transfers.
3.10 Complaints Handling
Data Subjects with a complaint about the processing of their Personal Data, should put forward the matter in writing to Breathing Space. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. Breathing Space will inform the Data Subject of the progress and the outcome of the complaint within a reasonable period.
If the issue cannot be resolved through consultation between the Data Subject and Breathing Space, then the Data Subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.
3.12 Breach Reporting
Any individual who suspects that a Personal Data Breach has occurred due to the theft or exposure of Personal Data should immediately notify their manager, providing a description of what occurred.
The Breathing Space manager will investigate all reported incidents to confirm whether or not a Personal Data Breach has occurred. If a Personal Data Breach is confirmed, the manager will follow the relevant procedure based on the criticality and quantity of the Personal Data involved.
- Policy Maintenance
All inquiries about this policy, including requests for exceptions or changes should be directed in the first instance to the relevant Breathing Space manager and any consequent amendments should be approved by the Breathing Space management team.
This policy shall be available to all Breathing Space employees and relevant volunteers, contractors and other representatives of Breathing Space.
4.2 Effective Date
This policy is effective as of 15/6/2018
The Breathing Space manager is responsible for the maintenance and accuracy of this policy. Notice of significant revisions shall be provided to Breathing Space employees and relevant volunteers, contractors and other representatives through the management team.
Changes to this policy will come into force when published.