The Portland Trust GDPR Policy

The Portland Trust is committed to processing data in accordance with its Privacy Policy, in accordance with its responsibilities under the GDPR on the basis that:

The individual has given explicit consent^{^[1]} and/or
There is a legitimate interest^{^[2]} in processing data and/or
The Portland Trust has a legal obligation to process data and
Data is stored securely to prevent loss or misuse

Article 5 of the GDPR requires that personal data shall be:

Processed lawfully, fairly and in a transparent manner in relation to individuals;
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 they are processed;
Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are 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 are 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 the implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing

^[1] Processing includes collecting, storing and using data about an individual either in accordance with the consent they have given or in ways that they would reasonably foresee having regard to your Privacy Policy.

^[2] Consent is required for marketing or fundraising communications by email or text.

and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”

General provisions:

The Portland Trust’s GDPR policy applies to all personal data processed by The Portland Trust.
The Responsible Person (Office Manager) shall take responsibility for The Portland Trust’s ongoing compliance with this policy.
This policy shall be reviewed at least once annually.
The Portland Trust is(shall) register/ed with the Information Commissioner’s Office as an organisation that processes personal data.

As a an associate of The Portland Trust an individual may at any time withdraw or modify their explicit consent or ask The Portland Trust not to process their data even if you consider that there is a legitimate interest; and this may include amending or deleting their records, subject only to any legal obligations the Portland Trust has to retain data. Additionally, you may keep data on a suppression list of those who do not wish to be contacted.

Data cannot be held indefinitely and, if held for a stated purpose, it cannot be used for another purpose without either consent or a legitimate interest reason or legal obligation. In any event, the individual should be made aware of their rights under a Privacy Policy.

Individuals also have the right to request information about what data about them you retain and process. This is known as a data access request and this information must be supplied in a comprehensive and intelligible form within 30 days^[3].

Organisations processing data are therefore expected to be able to demonstrate that they are compliant with Data Protection regulations by showing that:

Data is stored and processed securely and in accordance with an individual’s informed, stated or implied preferences
Consent has been obtained for email or text communication of marketing/fundraising/promotional material
All data about an individual can easily be retrieved for review, amendment or deletion.

^[3] 40 days until 25 May 2018 and the introduction of GDPR. A small fee may be charged for persistent or onerous requests.

Accordingly, it is necessary to have a data storage system in place that records and evidences:

An individual’s personal data
Preferences concerning data processing and in particular whether someone has given explicit consent or expressed other preferences about the frequency or mode of contact
If an individual has asked not to be contacted or for their data to be removed/supressed.
The Portland Trust maintains its responsibility for lawful, fair and transparent processing of data.
To ensure its processing of data is lawful, fair and transparent, The Portland Trust shall maintain a Register of Systems.
The Register of Systems shall be reviewed at least annually.
Individuals have the right to access their personal data and any such requests made to The Portland Trust shall be dealt with in a timely manner.

All data processed by the charity must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests
The Portland Trust shall note the appropriate lawful basis in the Register of Systems.
Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in The Portland Trust’s systems.
The Portland Trust shall additionally ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

6. Accuracy

The Portland Trust shall take reasonable steps to ensure personal data is accurate.
Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

7. Archiving / removal

To ensure that personal data is kept for no longer than necessary, the Charity shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
The archiving policy shall consider what data should/must be retained, for how long, and why.

8. Security

The Charity shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
When personal data is deleted this should be done safely such that the data is irrecoverable.
Appropriate back-up and disaster recovery solutions shall be in place.

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Charity shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO

Data belonging to any individual may only lawfully be processed if there is a legal basis for doing so and if each individual is informed of their rights and your obligations in relation to their data.

The Portland Trust processes^[1] data in accordance with its Privacy Policy on the basis that:

The individual has given explicit consent^[2] and/or
There is a legitimate interest^[3] in processing data and/or
The Portland Trust has a legal obligation to process data and
Data is stored securely to prevent loss or misuse.

An individual may at any time withdraw or modify their explicit consent or ask you not to process their data even if you consider that there is a legitimate interest; and this may include amending or deleting their records, subject only to any legal obligations the Portland Trust has to retain data. Additionally, you may keep data on a suppression list of those who do not wish to be contacted.

Organisations processing data are therefore expected to be able to demonstrate that they are compliant with Data Protection regulations by showing that:

^[2] Consent is required for marketing or fundraising communications by email or text.

^[3] Legitimate interest allows data to be processed but fundraising or marketing communications can only be by post or telephone, not by email or text, unless explicit consent is given.

^[4] 40 days until 25 May 2018 and the introduction of GDPR. A small fee may be charged for persistent or onerous requests.

Data is stored and processed securely and in accordance with an individual’s informed, stated or implied preferences
Consent has been obtained for email or text communication of marketing/fundraising/promotional material
All data about an individual can easily be retrieved for review, amendment or deletion.

Accordingly, it is necessary to have a data storage system in place that records and evidences:

An individual’s personal data
Preferences concerning data processing and in particular whether someone has given explicit consent or expressed other preferences about the frequency or mode of contact
If an individual has asked not to be contacted or for their data to be removed/supressed.

Data Processing Audit

A Data Audit helps a data controller to determine if their data processing is legally compliant and fit for purpose. Where data is historic, having been collected over time in a variety of ways and for different purposes, a data controller needs to be satisfied that its data processing meets all compliance requirements. Accordingly:

Unless an individual has given explicit, opt-in consent, marketing and fundraising communications by email or text are prohibited (see below – Additional Information);
Other forms of communication are permitted, provided that there is another legal basis for the processing and that individuals are informed of and given the opportunity to view the Privacy Policy and also given the opportunity to opt-out of communications at any time;
All data held, including that of staff and volunteers, should be proportionate and necessary for the purpose(s) for which it is being processed, and not excessive or superfluous;
All data records should be subject to periodic review and consents renewed every 24-36 months or so (this is a review period suggested by the regulator). It may still be reasonable to process data for individuals who do not engage with the Portland Trust on the basis of legitimate interest since they will only be receiving postal communications and may appreciate being kept passively informed about the charity, but that is a matter of judgement for you.
It is unlikely to be permissible to retain old data when there has been no engagement with the data subject for a long time^[8] because (i) without explicit consent, the only other legal basis for processing data is legitimate interest, and the lack of engagement calls that into question, (ii) the data subject is unlikely to have seen the Privacy Policy and their informed agreement to your processing of their data cannot be inferred, (iii) the data may be outdated and you have a duty to keep data up to date as far as is possible.

^[8] The period is not defined. It is a matter of judgement for the data controller, but they should have a credible reason for whatever retention periods they set.

The Portland Trust GDPR Policy

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