CLWB RYGBI LLANDYBIE RUGBY CLUB
DATA PROTECTION POLICY
May 2018
Llandybie Rugby Club Limited holds personal data about job applicants, employees, workers, customers, members, suppliers and other individuals for a variety of business purposes.
Llandybie Rugby Club Limited recognises that the correct and lawful treatment of personal data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of personal data is a critical responsibility that we take seriously at all times.
This policy sets out how Llandybie Rugby Club Limited seeks to protect personal data and ensure staff and members understand the rules governing their use of personal data to which they have access in the course of their work.
This policy applies to all personal data Llandybie Rugby Club Limited processes regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers] clients, members, suppliers or any other individuals.
This policy requires staff and members to ensure that the Data Protection Officer is consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
The Data Protection Officer is responsible for the monitoring and implementation of this policy. If you have any questions about the content of this policy or other comments you should contact the Data Protection Officer In particular, staff and members must always contact the Data Protection Officer in the following circumstances:
It is unclear which lawful basis should be relied upon to process personal data (including the legitimate interests used by Llandybie Rugby Club Limited(see section 5.2 below);
It is necessary to rely on the consent and/or explicit consent to process personal data (see section 13 below);
It is necessary to draft a privacy notice (see section 5.4 below);
If the retention period for the personal data being processed is unclear or unknown (see section 9 below);
It is unclear what security or other measures need to be implemented to protect personal data (see section 10 below);
Personal data is being transferred outside the EEA (see section 14 below);
If there has been a personal data breach (section 20 below);
Whenever there is a significant change in processing activity or new processing activity in relation to personal data (this may require a Data Protection Impact Assessment) (see section 12 below);
It is intended that personal data will be used for a purpose other than what it was collected for;
If activities involving automated processing including profiling or automated decision-making are planned (see section 19 below)].
Scope
This policy applies to all staff and members, which for these purposes includes employees, temporary and agency workers, other contractors, interns and volunteers.
All staff and members must be familiar with this policy and comply with its terms.
Compliance with this policy is mandatory. Staff and members must also comply with any related policies and privacy notices [e.g. Information Security, e-mail, facsimile, and Internet, document retention ]. Any breach of this Data Protection Policy may result in disciplinary action
Llandybie Rugby Club Limited may supplement or amend this policy by additional policies and guidelines from time to time. [Any new or modified policy will be circulated to staff and members before being adopted.]
In this policy:
Personal data means information relating to identifiable individuals, such as job applicants, current and former employees, members, agency, contract and other staff, clients, suppliers and marketing contacts. This includes expression of opinion about the individual and any indication of someone else’s intentions towards the individual.
Special category personal data means information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data. Personal data relating to criminal offences and convictions should also be treated as special category personal data.
Processing data means any activity that involves the use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring personal data to third parties.
Llandybie Rugby Club Limited’s policy is to process personal data in accordance with the applicable data protection laws and rights of individuals as set out below. [All staff and members have personal responsibility for the practical application of Llandybie Rugby Club Limited’s Data Protection Policy.]
Llandybie Rugby Club Limited will observe the following principles in respect of the processing of personal data, ensuring that personal data is:
Processed lawfully, fairly and in a transparent manner (‘Lawfulness, Fairness and Transparency’).
Collected only for specified, explicit and legitimate purposes (‘Purpose Limitation’).
Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (‘Data Minimisation’).
Accurate and where necessary kept up to date (‘Accuracy’).
Not kept in a form which permits identification of individuals for longer than is necessary for the purposes for which the data is processed (‘Storage Limitation’).
Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage (‘Security, Integrity and Confidentiality’).
Llandybie Rugby Club Limited is responsible for and must be able to demonstrate compliance with the data protection principles listed above (the ‘Principle of Accountability’).
Personal data must be processed lawfully, fairly and in a transparent manner in relation to the individual.
Lawfulness
Staff and members should ensure that there is a legal basis for processing personal data. The legal bases for processing are as follows:
the individual has given his or her consent (see 13 below);
the processing is necessary for the performance of a contract with the individual;
to meet Llandybie Rugby Club Limited’s legal compliance obligations;
to protect the individual's vital interests;
for the performance of a task in the public interest;
to pursue Llandybie Rugby Club Limited’s legitimate interests, where these interests are not overridden because the processing prejudices the interests or fundamental rights and freedoms of the individual(s). The purposes for which we process personal data for legitimate interests need to be set out the privacy notices (see section 5.4 below).
If staff or members are unsure what legal basis is applicable to the personal data they are processing they should contact the Data Protection Officer
The processing of special category data (see 3.1(b) above) will require an additional legal basis for processing. It will normally be necessary to have an individual’s explicit consent to process special category personal data in relation to customers, clients and members. Staff or members should contact the Data Protection Officer for more information the appropriate legal basis for processing special category data.
Fairness & Transparency (Privacy Notices)
Data protection law requires us to provide detailed, specific information to individuals about how and why their personal data is being processed. Such information must be provided through appropriate privacy notices.
Privacy notices must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that an individual can easily understand them.
Whenever Llandybie Rugby Club Limited collects personal data directly from individual, the individual must be provided with a privacy notice containing all the information required by data protection law (including the identity of the data controller and the Data Protection Officer), how and why Llandybie Rugby Club Limited will use, process, disclose, protect and retain that personal data). The privacy notice must be provided when the individual first provides Llandybie Rugby Club Limited with the personal data. Llandybie Rugby Club Limited ’s general privacy notice will usually be appropriate in relation to the general business purposes for which Llandybie Rugby Club Limited collects personal data. Staff and members should be advised of this privacy notice at the point that the personal data is collected. This is available from the Llandybie Rugby Club Limited’s website (www. Llandybierfc.co.uk)
When personal data is collected indirectly (for example, from a third party or publically available source), the individual must be provided with a privacy notice including all the information required under data protection law, as soon as possible, after collecting/receiving the data, but no later than the first communication with the individual or 1 month from receiving the personal data (whichever is earlier), unless this proves impossible or would involve disproportionate effort.
As in 5.7 above Llandybie Rugby Club Limited ’s general privacy notice will usually be appropriate in relation to the general [business] purposes for which Llandybie Rugby Club Limited collects personal data. Staff and members should be made aware [via the Data Protection Officer]of this privacy notice in the first communication or within 1 month of receiving the personal data, whichever is earlier. This is available from www.llandybierfc.co.uk .Staff or members should inform the Data Protection Officer if this is likely to prove impossible or involve disproportionate effort.
[Staff and members are required to include a link to Llandybie Rugby Club Limited’s privacy notice in their e-mail signature].
Staff and members must also check that the personal data was collected by the third party in accordance with data protection law and on a basis which contemplates Llandybie Rugby Club Limited]’s proposed processing of that personal data.
Staff and members should contact the Data Protection Officer if it is necessary to draft a privacy notice or if they are unclear as to when a privacy notice is required.
Staff and members must also comply with Llandybie Rugby Club Limited’s guidelines on drafting privacy notices.
Personal data must be collected only for specified, explicit and legitimate purposes. It must not be further processed in any manner incompatible with those purposes.
Staff and members cannot use personal data for new, different or incompatible purposes from those disclosed when the personal data was first obtained, unless staff and members have informed the individuals of the new purposes and legal basis being relied upon (if this legal basis is consent, appropriate consent must be obtained (see section 13 below).
Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
Staff and members may only process personal data when performing job duties requires. Excessive personal data should not be collected and staff and members should ensure, to the best of their abilities, that any personal data collected is adequate and relevant for the intended purposes.
Staff and members must ensure that when personal data is no longer needed for specified purposes, it is deleted or anonymised in accordance with Llandybie Rugby Club Limited’s Data Retention Policy.
Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
Staff and members will ensure that the personal data Llandybie Rugby Club Limited uses and holds is accurate, complete, kept up to date and relevant to the purpose for which we collected it. Staff and members must check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Staff and members must take all reasonable steps to destroy or amend inaccurate or out-of-date personal data.
Staff and members must ensure that personal data held by Llandybie Rugby Club Limited relating to them is accurate and updated as required. If personal details or circumstances change, staff and members should inform Data Protection Officer so Llandybie Rugby Club Limited’s records can be updated.
Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
Staff and members must not keep personal data, in a form which permits the identification of an individual, for longer than needed for the legitimate [business] purpose or purposes for which Llandybie Rugby Club Limited originally collected it.
Llandybie Rugby Club Limited maintains a Data Retention Policy to ensure personal data is deleted, after a reasonable time, when it is no longer required for the purposes for which it was being held.
Staff will take all reasonable steps to destroy or erase from Llandybie Rugby Club Limited ’systems all personal data that we no longer require in accordance with Llandybie Rugby Club Limited ’s Data Retention Policy. This includes requiring third parties to delete such data where applicable.
Staff will ensure individuals are informed of the period for which data is stored and how that period is determined in any applicable privacy notice (see 5.4 -5.8).
Personal data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
Llandybie Rugby Club Limited must implement reasonable and appropriate security measures against unlawful or unauthorised processing of personal data and against the accidental loss of, or damage to, or destruction of personal data.
Llandybie Rugby Club Limited must maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
Confidentiality means that only people who have a need to know and are authorised to use the personal data can access it.
Integrity means that personal data is accurate and suitable for the purpose for which it is processed.
Availability means that authorised users are able to access the personal data when they need it for authorised purposes.
Llandybie Rugby Club Limited will develop, implement and maintain safeguards appropriate to:
our size, scope and business;
our available resources;
the amount of personal data that we own or maintain on behalf of others; and
identified risks (including use of encryption and pseudonymisation (i.e.replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure) where applicable).
Llandybie Rugby Club Limited will regularly evaluate and test the effectiveness of those safeguards to ensure security of our processing of personal data.
Staff have a responsibility for protecting the personal data Llandybie Rugby Club Limited holds.
Staff must exercise particular care in protecting special category personal data (see 3.1(b) above) from loss and unauthorised access, use or disclosure.
Staff and members must follow all procedures of Llandybie Rugby Club Limited put in place to maintain the security of all personal data from the point of collection to the point of destruction. Staff may only transfer personal data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested (see sections 14 and 15 below).
Staff and members must comply with all applicable aspects of Llandybie Rugby Club Limited’s Information Security Policy ’ or comply with and not attempt to circumvent the administrative, physical and technical safeguards implemented and maintained in accordance with data protection law and relevant standards to protect personal data.
Llandybie Rugby Club Limited must implement appropriate technical and organisational measures to ensure compliance with data protection principles (set out in 4.2 above). Llandybie Rugby Club Limited is responsible for, and must be able to demonstrate, compliance with the data protection principles.
Llandybie Rugby Club must have adequate resources and controls in place to ensure and to document data protection law compliance including:
appointing a suitably qualified Data Protection Officer ;
implementing data protection by design and default when processing personal data to ensure compliance with applicable data protection laws (see section 12 below);
completing Data Protection Impact Assessments (DPIAs) to identify and reduce risks of a data processing activity, where processing presents a high risk to rights and freedoms of individuals. DPIAs should be conducted for all major system or business change programs involving the processing of personal data particularly those involving new initiatives or technology (see section 12 below);
integrating data protection into internal documents, policies and procedures including this Data Protection Policy;
regularly training staff and officials on applicable data protection law, this Data Protection Policy, related policies [and privacy guidelines] and data protection matters including, for example, individual rights, consent, legal basis, DPIAs and personal data breaches; and
regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
Llandybie Rugby Club Limited is required to implement privacy by design when processing personal data by implementing appropriate technical and organisational measures in an effective manner, to ensure compliance with data privacy principles.
Llandybie Rugby Club Limited must assess what privacy by design measures can be implemented on all programs/systems/processes that process personal data by taking into account the following:
the state of the art (i.e. the highest level of general development, as of a device, procedure, process or technique achieved at the particular time);
the cost of implementation;
the nature, scope, context and purposes of processing; and
the risks of varying likelihood and severity for rights and freedoms of individuals posed by the processing.
Llandybie Rugby Club Limited must conduct DPIAs in respect of processing which is considered to be high risk (for example where processing involves special category personal data on a large scale).
Staff or officers should contact the Data Protection Officer and conduct a DPIA when implementing major system or business change programs involving the processing of personal data including:
use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
automated processing including profiling and automated decision making;
large scale processing of special category data; and
large scale, systematic monitoring of a publicly accessible area (e.g. under CCTV).
A DPIA must include:
a description of the processing, its purposes and the data controller's legitimate interests if appropriate;
an assessment of the necessity and proportionality of the processing in relation to its purpose;
an assessment of the risk to individuals; and
the risk mitigation measures in place and demonstration of compliance.
Staff and members must comply with the Llandybie Rugby Club Limited’s guidelines on DPIAs]
Llandybie Rugby Club Limited must ensure personal data is processed on the basis of one or more of the lawful bases set out in 5.2 above, one of which is consent.
In order for an individual to validly consent to the processing of their personal data, that consent must be freely given, specific, informed and be an unambiguous indication of the individual’s wishes by which they, by a statement or by a clear positive action, signify agreement to the processing of personal data relating to them.
Consent requires affirmative action so silence, pre-ticked boxes or inactivity are not sufficient.
If consent is given in a document which deals with other matters, then the consent must be kept separate from those other matters.
Individuals must be easily able to withdraw consent to processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if Llandybie Rugby Club Limited intends to process personal data for a different and incompatible purpose which was not disclosed when the individual first consented.
Consent should not be relied upon as the legal basis for processing, if another more appropriate legal basis applies.
Consent should not usually be relied upon where there is an imbalance in the relationship between the individual and Llandybie Rugby Club Limited for example in the context of an employer/employee relationship.
Explicit consent is usually required for:
Processing special category personal data (although staff and members should contact the Data Protection Officer to determine the most appropriate legal basis for processing special category data).
Automated decision-making; and
Cross border data transfers.
Explicit consent requires a very clear and specific statement of consent from the individual (that is, not just action) and the individual should be provided with detailed information in relation to the specific purpose for which explicit consent it being sought.
Staff or officers will need keep records of all consents so that Llandybie Rugby Club Limited can demonstrate compliance with consent requirements.
Data protection law restricts data transfers to countries outside the European Economic Area (‘EEA’) in order to ensure that the level of data protection afforded to individuals is not undermined. Personal data is transferred from the originating country across borders when it is transmitted, sent, viewed or access in a different country.
Llandybie Rugby Club Limited may only transfer personal data outside the EEA if one of the following conditions applies:
the European Commission has issued a decision confirming that the country to which the personal data is transferred ensures an adequate level of protection for the individuals’ rights and freedoms (an ‘adequacy decision’);
appropriate safeguards are in place such as binding corporate rules (which are standard contractual clauses approved by the European Commission), an approved code of conduct or a certification mechanism, [a copy of which can be obtained from the Data Protection Officer];
the individual has provided explicit consent to the proposed transfer after being informed of any potential risks; or
the transfer is necessary for one of the other reasons set out under data protection law including the performance of a contract between Llandybie Rugby Club Limited and the individual, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the individual where the individual is physically or legally incapable of giving consent and, in some limited cases, for Llandybie Rugby Club Limited’s legitimate interest.
Staff or officers should contact Data Protection Officer before transferring personal data outside the EEA to ensure one of the conditions outlined above is satisfied.
[Staff and officers must comply with Llandybie Rugby Club Limited's guidelines on cross border data transfers.]
In general Llandybie Rugby Club Limited is not allowed to share personal data with third parties unless certain safeguards and contractual arrangements have been put in place.
Staff and officers may only share the personal data held by Llandybie Rugby Club Limited with only if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.
Where Llandybie Rugby Club Limited uses external organisations to process personal data on its behalf, additional security arrangements need to be implemented in contracts with those organisations to safeguard the security of personal data.
Staff or officers should consult the Data Protection Officer to discuss the necessary steps to ensure compliance when setting up any new agreement or altering any existing agreement.
Individuals have rights when it comes to how Llandybie Rugby Club Limited handles their personal data. These include rights to:
receive certain information about Llandybie Rugby Club Limited’s processing activities in a privacy notice (see section 5.4 above);
request access to their personal data that Llandybie Rugby Club Limited holds (via a subject access request) (access);
ask Llandybie Rugby Club Limited to erase personal data if it is no longer necessary in relation to the purposes for which it was collected or processed (erasure);
to rectify inaccurate data or to complete incomplete data (rectification);
to restrict processing in specific circumstances (restriction);
in limited circumstances, receive or ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format (data portability);
withdraw consent to processing at any time;
prevent Llandybie Rugby Club Limited ’s use of their personal data for direct marketing purposes;
to challenge processing which has been justified on the basis of Llandybie Rugby Club limited’s legitimate interests or in the public interest;
request a copy of an agreement under which personal data is transferred outside of the EEA;
object to decisions based solely on automated processing (i.e. when a decision is made which is based solely on automated processing (including profiling) which produces legal effects or significantly affects an individual);
prevent processing that is likely to cause damage or distress to the individual or anyone else;
be notified of a personal data breach which is likely to result in high risk to their rights and freedoms;
make a complaint to the supervisory authority; and
Staff or officers must immediately forward any request received in relation to the rights outlined above to theData Protection Officer immediately [in accordance with Llandybie Rugby Club Limited’s Subject Access Request Policy and Individual Rights Policy This is particularly important because Llandybie Rugby Club Limited must respond to a valid request within the legally prescribed time limits (under GDPR in the majority of circumstances this is 1 month from the day the request is received).
Llandybie Rugby Club Limited is subject to certain rules and privacy laws when marketing to our customers, clients, members and prospective customers, prospective clients, prospective members.
Prior consent is required for electronic direct marketing (for example, by email, text or automated calls) unless the direct marketing is in relation to existing customers, clients, members. There is a limited exception which Llandybie Rugby Club Limited can utilise for existing customers, clients, members known as "soft opt in" which allows us to send marketing texts or emails if we have obtained contact details in the course of a sale or provision of services to that individual, we are marketing similar products or services, and we have given the individual an opportunity to opt out of marketing when first collecting the details and in every subsequent communication.
The right to object to direct marketing (i.e. opt-out, or unsubscribe) must be explicitly offered to the individual in an intelligible manner so that it is clearly distinguishable from other information, when their personal data is collected and in every subsequent communication.
An individual's objection to direct marketing must be promptly honoured. If a customer, client or member opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
[Staff and officers must comply with the Llandybie Rugby Club Limited’s guidelines on direct marketing to customers.]
In general terms automated decision-making is prohibited when a decision has a legal or similar significant effect on an individual unless:
an individual has explicitly consented;
the processing is authorised by law; or
the processing is necessary for the performance of or entering into a contract with the individual.
If certain types of special category personal data (see 3.1(b) above) are being processed, then grounds (b) or (c) will not be allowed but such special category personal data can be processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.
If a decision is to be based solely on automated processing (including profiling), then individuals must be informed that they have the right to object to this in the first communication with then (at the latest). This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the individual's rights and freedoms and legitimate interests.
The individual must also be informed in the privacy notice (see 5.4 above) of the logic involved in the decision making or profiling, the significance and envisaged consequences. The individual must also be and given the right to request human intervention, express their point of view or challenge the decision.
Staff or officers must contact the Data Protection Officer and a DPIA must be carried out before any automated processing (including profiling) or automated decision-making activities are undertaken.
Where staff or officers are involved in any data processing activity that involves profiling or automatic decision-making, Llandybie Rugby Club Limited’s guidelines on profiling or automated decision-making.
Data protection law requires Llandybie Rugby Club Limited to notify personal data breaches to the relevant supervisory authority (for our purposes, this will usually be the Information Commissioner’s Office) and individual data subjects, in certain circumstances.
Staff or officers should be aware that a personal data breach is any act or omission that compromises the security, confidentiality, integrity or availability of personal data or the physical, technical, administrative or organisational safeguards that Llandybie Rugby Club Limited or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of personal data is a personal data breach.
If staff or officers or members know or suspect that a personal data breach has occurred, they should not attempt to investigate the matter themselves. Llandybie Rugby Club Limited has a Personal Data Breach Reporting Procedure in place. Staff and officers should be familiar with this procedure and immediately contact the Data Protection Officer in the event of a personal data breach in accordance with that procedure.
Staff or officers should ensure that they preserve all evidence relating to the potential personal data breach.
OR
If staff or officers know or suspect that a personal data breach has occurred, they should not attempt to investigate the matter themselves. Staff or officers should immediately contact the person or team designated as the key point of contact for personal data breaches and the Data Protection Officer.
Staff and officers should ensure that they preserve all evidence relating to the potential personal data breach.
Llandybie Rugby Club Limited takes compliance with this Data Protection Policy very seriously. Failure to comply puts both staff and Llandybie Rugby Club Limited at risk. The importance of this data protection policy means that failure to comply with any requirement may lead to disciplinary action, which may result in dismissal.
Llandybie Rugby Club Limited reserves the right to change this Data Protection Policy at any time without notice. Staff, officers and members should ensure that have the latest copy of this Data Protection Policy.
This Data Protection Policy was last reviewed in May 2018.
This Data Protection Policy does not override any applicable national data privacy laws and regulations in countries where Llandybie Rugby Club Limited operates. [Certain countries may have localised variances to this Data Protection Policy which are available upon request to the DPO.]
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