The Data Protection Act
The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.
The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR).
Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is:
- used fairly, lawfully and transparently
- used for specified, explicit purposes
- used in a way that is adequate, relevant and limited to only what is necessary
- accurate and, where necessary, kept up to date
- kept for no longer than is necessary
- handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage.
Special category and criminal conviction personal data (the appropriate policy document)
This is the “appropriate policy document” for the Councils that sets out how the Councils will protect special category and criminal convictions personal data.
It meets the requirement at paragraph 1 of Schedule 1 to the Data Protection Act 2018 that an appropriate policy document be in place where the processing of special category personal data is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on the controller or the data subject in connection with employment, social security or social protection.
It also meets the requirement at paragraph 5 of Schedule 1 to the Data Protection Act 2018 that an appropriate policy document be in place where the processing of special category personal data is necessary for reasons of substantial public interest. The specific conditions under which data may be processed for reasons of substantial public interest are set out at paragraphs 6 to 28 of Schedule 1 to the Data Protection Act 2018.
Procedures for securing compliance
Article 5 of the General Data Protection Regulation sets out the data protection principles. These are the Councils procedures for ensuring that they comply with them.
Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
The Councils will:
- ensure that personal data is only processed where a lawful basis applies, and where processing is otherwise lawful.
- only process personal data fairly, and will ensure that data subjects are not misled about the purposes of any processing.
- ensure that data subjects receive full privacy information so that any processing of personal data is transparent.
Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
The Councils will:
- only collect personal data for specified, explicit and legitimate purposes, and we will inform data subjects what those purposes are in a privacy notice.
- not use personal data for purposes that are incompatible with the purposes for which it was collected. If the Councils do use personal data for a new purpose that is compatible, they will inform the data subject first.
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
The Councils will only collect the minimum personal data that they need for the purpose for which it is collected. The Councils will ensure that the data they collect is adequate and relevant.
Personal data shall be accurate and, where necessary, kept up to date.
The Councils will ensure that personal data is accurate, and kept up to date where necessary. The Councils will take particular care to do this where their use of the personal data has a significant impact on individuals.
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 are processed.
The Councils will only keep personal data in identifiable form as long as is necessary for the purposes for which it is collected, or where they have a legal obligation to do so. Once they no longer need personal data it shall be deleted or rendered permanently anonymous.
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, using appropriate technical or organisational measures.
The Councils will ensure that there is appropriate organisational and technical measures in place to protect personal data.
The controller shall be responsible for, and be able to demonstrate compliance with these principles.
The Councils will:
- ensure that records are kept of all personal data processing activities, and that these are provided to the Information Commissioner on request.
- carry out a Data Protection Impact Assessment for any high risk personal data processing, and consult the Information Commissioner if appropriate.
- ensure that a Data Protection Officer is appointed to provide independent advice and monitoring of the departments’ personal data handling, and that this person has access to report to the highest management level of the department.
- have in place internal processes to ensure that personal data is only collected, used or handled in a way that is compliant with data protection law.
Data controller’s policies as regards retention and erasure of personal data
The Councils will ensure, where special category or criminal convictions personal data is processed, that:
- there is a record of that processing, and that record will set out, where possible, the envisaged time limits for erasure of the different categories of data.
- where the Councils no longer require special category or criminal convictions personal data for the purpose for which it was collected, the Councils will delete it or render it permanently anonymous.
- data subjects receive full privacy information about how their data will be handled, and that this will include the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period.