General Data Protection Regulation (GDPR) takes effect from 25 May 2018. This policy sets out how I meet the requirements of the earlier Data Protection Act (DPA) and the additional GDPR regulations.
This document provides a concise policy statement regarding the Data Protection obligations of Katherine Harberd. This includes obligations in dealing with personal data to ensure compliance with the requirements of data protection legislation including the European Union General Data Protection Regulation (GDPR) (2018).
The policy covers both personal and sensitive personal data held in relation to data subjects by Katherine Harberd. The policy applies equally to personal data held in manual and automated form. All Personal and Sensitive Personal Data will be treated with equal care by Katherine Harberd. Both categories will be equally referred-to as Personal Data in this policy, unless specifically stated otherwise.
Katherine Harberd as a Data Controller
In the course of daily organisational activities, Katherine Harberd acquires, processes and stores personal data in relation to:
- Clients of Katherine Harberd
- Students attending courses with Katherine Harberd or events organised by Katherine Harberd
- People signing up to newsletter or online access to courses/events/clinics/information
- Third party service providers engaged by Katherine Harberd
Due to the nature of the services provided by Katherine Harberd, there is regular and active exchange of personal data between Katherine Harberd and Data Subjects. This policy provides the guidelines for this exchange of information.
A full record of data held is available from Katherine Harberd.
The Data Protection Principles
The following key principles are fundamental to the Katherine Harberd’s Data Protection policy.
In her capacity as Data Controller, Katherine Harberd ensures that all data shall:
1 … be obtained and processed fairly and lawfully.
For data to be obtained fairly, the data subject will, at the time the data are being collected, be made aware of:
- The identity of the Data Controller (Katherine Harberd)
- The purpose(s) for which the data is being collected
- The person(s) to whom the data may be disclosed by the Data Controller
- Any other information that is necessary so that the processing may be fair.
Katherine Harberd will meet this obligation in the following way.
- Where possible, the informed consent of the Data Subject will be sought before their data is processed;
- Where it is not possible to seek consent, Katherine Harberd will ensure that collection of the data is justified under one of the other lawful processing conditions – legal obligation, contractual necessity, etc.;
- Processing of the personal data will be carried out only as part of Katherine Harberd‘s lawful activities, and Katherine Harberd will safeguard the rights and freedoms of the Data Subject;
- The Data Subject’s data will not be disclosed to a third party other than to a party contracted to Katherine Harberd and operating on her behalf.
2 … be obtained only for one or more specified, legitimate purposes.
Katherine Harberd will obtain data for purposes which are specific, lawful and clearly stated. A Data Subject will have the right to question the purpose(s) for which Katherine Harberd holds their data, and Katherine Harberd will be able to clearly state that purpose or purposes.
3 … not be further processed in a manner incompatible with the specified purpose(s).
Any use of the data by Katherine Harberd will be compatible with the purposes for which the data was acquired.
4 … be kept safe and secure.
Katherine Harberd will employ high standards of security in order to protect the personal data under her care. Appropriate security measures will be taken to protect against unauthorised access to, or alteration, destruction or disclosure of any personal data held by Katherine Harberd in her capacity as Data Controller. Access to and management of customer records is limited to those who have appropriate authorisation and password access.
5 … be kept accurate, complete and up-to-date where necessary.
Katherine Harberd will:
- ensure that administrative and IT validation processes are in place to conduct regular assessments of data accuracy;
- conduct regular assessments in order to establish the need to keep certain Personal Data.
6 … be adequate, relevant and not excessive in relation to the purpose(s) for which the data were collected and processed.
Katherine Harberd will ensure that the data she processes in relation to Data Subjects are relevant to the purposes for which those data are collected. Data which are not relevant to such processing will not be acquired or maintained.
7 … not be kept for longer than is necessary to satisfy the specified purpose(s).
Katherine Harberd keeps personal data for a time deemed reasonable and necessary. Once the period has elapsed, Katherine Harberd undertakes to destroy, erase or otherwise put this data beyond use.
8 … be managed and stored in such a manner that, in the event a Data Subject submits a valid Subject Access Request seeking a copy of their Personal Data, this data can be readily retrieved and provided to them.
Katherine Harberd has implemented a Subject Access Request procedure by which to manage such requests in an efficient and timely manner, within the timelines stipulated in the legislation.
Data Subject Requests
Subject Access Requests
Any formal, written request by a Data Subject for a copy of their personal data will be processed as soon as possible, with the maximum response time being one month as per GDPR.
Any formal, written request by a Data Subject for a copy of their personal data to be transferred to another therapy/medical service will be carried out within one month.
Any formal, written request by a Data Subject for the update of their personal data to rectify incorrect or out-of-date information will be carried out within one month.
Any formal, written request by a Data Subject for the erasure or ‘right to be forgotten’ of their personal data will be carried out within one month.
Third Party Contractors
Any third parties contracted will be given documented instructions, covering areas including confidentiality obligations, security practices, processing, storage and transfer of data and the return or destruction of the personal data at the end of the relationships.
As Data Controller, Katherine Harberd ensures that any entity which processes Personal Data on her behalf (a Data Processor) does so in a manner compliant with the Data Protection legislation. Failure of a Data Processor to manage Katherine Harberd”s data in a compliant manner will be viewed as a breach of contract and will be pursued through the courts.
Data Breach Reporting
A breach is a loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized users, for an authorized purpose, have access or potential access to personal data in usable form, whether manual or automated.
All incidents (a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed) will be reported to the Office of the Data Protection Commissioner within 72 hours. Where devices or equipment containing personal or sensitive personal data are lost or stolen, the Data Protection Commissioner is notified only where the data on such devices is not encrypted. The affected data subjects will also be informed.
Data Breach Logging
All data breaches will be recorded in an incident log as required by the Office of the Data Protection Commissioner. The log will maintain a summary record of each incident which has given rise to a risk of unauthorised disclosure, loss, destruction or alteration of personal data. The record will include a brief description of the nature of the incident and an explanation of why the Office of the Data Protection Commissioner was not informed. Such records will be provided to the Office of the Data Protection Commissioner upon request.
For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.
|Data||This includes both automated and manual data.
Automated data means data held on computer or stored with the intention that it is processed on computer.
Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.
|Personal Data||Information which relates to a living individual, who can be identified either directly from that data, or indirectly in conjunction with other data which is likely to come into the legitimate possession of the Data Controller. (If in doubt, refer to the definition issued by the Article 29 Working Party and updated from time to time.)|
|Sensitive Personal Data||A particular category of Personal data, relating to: Racial or Ethnic Origin, Political Opinions, Religious, Ideological or Philosophical beliefs, Trade Union membership, Information relating to mental or physical health, information in relation to one’s Sexual Orientation, information in relation to commission of a crime and information relating to conviction for a criminal offence.|
|Data Controller||A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed.|
|Data Subject||A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly.|
|Data Processor||A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment.|
|Relevant Filing System||Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable.|
Data Held: Session Data
- Paper copies of sessions (human & animal), plus consent forms. All locked in filing cabinet.
- Audio files of sessions. These are held on a computer. The computer is password protected. Archived sessions are held on CDs and stored in filing cabinet.
- Some sessions are held in Dropbox during transition from one device to another. These are removed once used.
- Some audios of sessions are recorded and held on mobile. These will periodically be uploaded to computer and deleted from mobile.
- Emails from clients (and potential clients & other contacts) are held on computer with password protection. Emails are held for 3 years minimum relating to any conversations which hold information needed for sessions/history of cases as deemed necessary.
- Emails are held on the server – which has carried out its own due diligence with regard to the holding of personal data.
Course / Event Registrations
- Registration forms, feedback forms, photo release forms & consent forms are held in secure filing system. Records are stored in event date order. Paper forms may be scanned and saved on computer. Some registration forms are held in emails – if emailed by applicant.
- Registrant information maybe held in Dropbox for easy access while traveling. These files will be deleted periodically.
- Client mobile phone numbers, email & other contact details shared are held on mobile phone. And therefore maybe backed up onto iCloud contacts. This is password protected.
- Paper diary of session dates is only source of information not locked away as it is always in use. Katherine’s diary is always with her, not visible to others, and locked away if not in use. Diary will only hold client’s full name & possibly phone number if necessary.
- Children’s data is held in same manner as adults – but with the consent given to hold the data by the parent / guardian, via the consent form.
- Consent forms are held within client’s files in locked cabinet.
- Once paperwork is no longer needed it will be shredded.
- Paperwork will be held as long as needed for insurance purposes, or for the lifetime of a client.
Online Newsletter & Sign Up Forms
- Online registrations (for courses, events, membership area access, newsletter etc) are held in MailChimp and/or Eventbrite. These are password protected & securely held. Most people on Katherine’s “mailing lists” have completed double opt-in process online, or have signed offline that they are happy to receive emails & marketing from me.
- Some data is held on MailChimp / Eventbrite for certain programmes. This is also password protected and held securely by them.
All clients & contacts have signed to say they are happy to be added to my mailing list.
- Everyone can leave and unsubscribe from my mailing lists whenever they like.
Last updated 23rd May 2018