Community Forest Trust Data Protection Policy

The following document sets out Community Forest Trust’s approach / practices for minimising the likelihood of data protection breaches and the measures that will be taken in the event of a breach occurring. As CFT’s work is delivered through a number of community forests, each will have some specific processes as outlined in the appendices.

Data protection principles

CFT is committed to processing data in accordance with its responsibilities under the General Data Protection Regulation (GDPR).

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

1.     processed lawfully, fairly and in a transparent manner in relation to individuals;

2.     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;

3.     adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

4.     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;

5.     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 implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and

6.     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.

Lawful, fair and transparent processing

To ensure its processing of data is lawful, fair and transparent, CFT will conduct an annual data audit and create a Register of Systems. Individuals have the right to access their personal data and any such requests will be dealt with in a timely manner, as outlined in our Privacy Policy.

Lawful purposes

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 basis for data processing will be recorded in the Register of Systems.

Where consent is relied upon as the lawful basis for processing data, evidence of opt-in consent must be available and individuals have the option to withdraw their consent at any time, as outlined in our Privacy Policy.

Data minimisation

CFT will ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. The annual data audit and ongoing maintenance of the Register of Systems will support this. 

Accuracy

CFT will 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.

Archiving / removal

To ensure that personal data is kept for no longer than necessary, CFT shall put in place an Archiving Policy for each area in which personal data is processed, as highlighted on the Register of Systems, and review this process annually. The Archiving Policy shall consider what data should/must be retained, for how long, and why.

Security

CFT will ensure that personal data is stored securely using modern software that is kept-up-to-date. Where personal data is stored on paper files these will be kept in locked filing cabinets or the locked safe in the relevant office. Keys to these cabinets are held by the relevant personnel in a locked draw. No information of this nature is held outside the office environment.

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 – either by shredding paper files or by deleting data from backup drives.

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, CFT shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO within 72 hours. CFT will also take reasonable steps to inform individuals affected by a breach and where individuals cannot be contacted directly information could be published on social media.

All breaches, whether reported or not, will be recorded on a breach register which the Data Protection Lead is responsible for updating.   

Staff training

The issue of confidentiality is addressed with all new staff in the CFT staff handbook and through the induction meeting with the new employee’s line manager. The duty of confidentiality requirement is set out below;

‘You shall not during or after your employment disclose confidential information belonging to CFT. You have a personal responsibility to protect and maintain confidentiality of information belonging to both the individuals and organisations we work with. You must not, except as authorised or required by law or your duties, reveal any confidential information relating to CFT. This obligation will continue after the termination of your employment unless and until any such information comes into the public domain other than through any breach of this provision by you.

It is a principal condition of employment that the affairs of any individual or organisation CFT work with or information relating to any matter being dealt with or information obtained shall be treated as completely confidential and shall not be discussed externally.  In the event of any breach of this condition, you shall be liable to summary dismissal and shall indemnify CFT against any loss arising from such breach’.

Due to the nature of work with public sector partners, private sector funders and the public CFT is acutely aware of the need for confidentiality – without which relationships with said sectors could be irreparably damaged. Therefore, we make it our policy to ensure that all staff continue to adhere to the guidelines set out in the Staff Handbook. 

Policy reviewed by board: 19th November 2018