Data Protection Policy

Ray Windfarm Fund Community Interest Company
Data Protection Policy

This policy applies for all staff and Directors who must be familiar with this policy and comply with its terms.

Ray Windfarm Fund CIC is not required under the terms of the General Data Protection Regulation (GDPR) to appoint a Data Protection Officer.
Ray Windfarm Fund CIC is classified as a data controller*. We must maintain our appropriate registration with the Information Commissioners Office in order to continue lawfully controlling and processing data.

The definition of personal data within the terms of the GDPR
• Personal data is information that relates to an identified or identifiable individual.
• What identifies an individual could be as simple as a name or a number or could include other identifiers such as an IP address or a cookie identifier, or other factors.
• If it is possible to identify an individual directly from the information you are processing, then that information may be personal data.
• If you cannot directly identify an individual from that information, then you need to consider whether the individual is still identifiable. You should take into account the information you are processing together with all the means reasonably likely to be used by either you or any other person to identify that individual.
• Even if an individual is identified or identifiable, directly or indirectly, from the data you are processing, it is not personal data unless it ‘relates to’ the individual.

Establishing a lawful basis for processing data

We must establish a lawful basis for processing data*. At least one of the following conditions must apply whenever we process personal data:

• We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
• The processing is necessary to fulfil or prepare a contract for the individual.
• We have a legal obligation to process the data (excluding a contract).
• Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
• The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
In assessing the lawful basis for processing data, the following factors must be considered and documented:
• What is the purpose for processing the data?
• Can it reasonably be done in a different way?
• Is there a choice as to whether to process the data?

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• Who does the processing benefit?
• After selecting the lawful basis, is this the same as the lawful basis the data subject would expect?
• What is the impact of the processing on the individual?
• Are you in a position of power over them?
• Are they a vulnerable person?
• Would they be likely to object to the processing?
• Are you able to stop the processing at any time on request, and have you factored in how to do this?
We must also ensure that individuals whose data is being processed by us are informed of the lawful basis for processing their data, as well as the intended purpose. This should occur via a privacy notice. This applies whether we have collected the data directly from the individual, or from another source

Special categories of personal data

Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
• race
• ethnic origin
• politics
• religion
• trade union membership
• genetics
• biometrics (where used for ID purposes)
• health
• sexual orientation
In most cases where we process special categories of personal data we will require the data subject’s explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.
Ray Windfarm Fund CIC responsibilities
• Analysing and documenting the type of personal data we hold
• Checking procedures to ensure they cover all the rights of the individual
• Identify the lawful basis for processing data
• Ensuring consent procedures are lawful
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• Implementing and reviewing procedures to detect, report and investigate personal data breaches
• Store data in safe and secure ways
• Assess the risk that could be posed to individual rights and freedoms should data be compromised
Data administrator* responsibilities
• Fully understand your data protection obligations
• Check that any data processing activities you are dealing with comply with our policy and are justified
• Do not use data in any unlawful way
• Do not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through your actions
• Comply with this policy at all times
• Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay
• Keeping the board updated about data protection responsibilities, risks and issues
• Reviewing all data protection procedures and policies on a regular basis
• Arranging data protection training and advice for all staff members and those included in this policy
• Answering questions on data protection from staff, board members and other stakeholders
• Responding to individuals such as clients and employees who wish to know which data is being held on them by us
• Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing
• Ensure all systems, services, software and equipment meet acceptable security standards
• Checking and scanning security hardware and software regularly to ensure it is functioning properly
• Researching third-party services, such as cloud services the company is considering using to store or process data
• Approving data protection statements attached to emails and other marketing copy
• Addressing data protection queries from clients, target audiences or media outlets
• Coordinating with the DPO to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy
Data security
Personal data must be secured against loss or misuse. Where other organisations process personal data as a service, additional specific data security arrangements may need to be implemented in contracts with those third-party organisations.
• In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
• Printed data should be shredded when it is no longer needed
• Data stored on CDs or memory sticks must be encrypted or password protected and locked away securely when they are not being used
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• Servers containing personal data must be kept in a secure location, away from general office space
• Data should be regularly backed up in line with the company’s backup procedures
• Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
• All servers containing sensitive data must be approved and protected by security software
• All possible technical measures must be put in place to keep data secure
Rights of the data subject
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed.
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.
We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual must be informed within one month. You must obtain approval from the DPO before extending the deadline.
We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting. This can only be done with express permission from the DPO.
Once a subject access request has been made, you must not change or amend any of the data that has been requested. Doing so is a criminal offence.
We must provide the data requested in a structured, commonly used and machine-readable format. This would normally be a CSV file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This must be done free of charge and without delay, and no later than one month. This can be extended to two months for complex or numerous requests, but the individual must be informed of the extension within one month
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Third-party contracts
As a data controller we must have written contracts in place with any third- party data controllers and/or data processors that we use. The contract must contain specific clauses which set out our and their liabilities, obligations and responsibilities.
As a data controller, we must only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.
Our contracts must comply with the standards set out by the ICO and, where possible, follow the standard contractual clauses which are available. Our contracts with data controllers and/or data processors must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.
At a minimum, our contracts must include terms that specify:
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such. You must have approval from the DPO prior to carrying out a criminal record check.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal.
If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.
*Definitions
Information Commissioner’s Office. Data controllers and data processors. 20140506. Version: 1.0
Data controller – means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be processed
Processing data – in relation to information or data means obtaining, recording or holding the information of data or carrying out any operation or set of operations on the data, including: –
a) Organization, adaptation or alteration of the information or data.
b) Retrieval, consultation or use of the information or data
c) Disclosure of the information or data by transmission, dissemination or otherwise making available, or
d) Alignment, combination, blocking, erasure or destruction of the information or data
The data administrator is an employee of the data controller and is not therefore considered a “data processor”.