Data Protection Policy
May 2018
The Sexual Health Centre Ltd., 16 Peters Street, Cork, Ireland, T12 DX73
Website: www.sexualhealthcentre.com
Email: info@sexualhealthcentre.com
Tel: +353 21 427 5837
CHY 19919
Introduction
The purpose of this document is to provide a concise policy regarding the data protection obligations of the Sexual Health Centre Ltd (hereafter referred-to collectively as the Sexual Health Centre). This includes obligations in dealing with personal data, in order to ensure that the organisation complies with the requirements of the relevant Irish legislation, namely the Irish Data Protection Act (1988), the Irish Data Protection (Amendment) Act (2003), the EU Electronic Communications Regulations (2011) and the General Data Protection Regulation (2018).
The Sexual Health Centre is a data controller with reference to the personal data which it manages, processes and stores.
Employees, volunteers, Community Employment staff and clients of the Sexual Health Centre should refer to the guidance provided by the Office of the Irish Data Protection Commissioner (www.dataprotection.ie) as well as seeking professional advice regarding best practice in this area.
Rationale
As a data controller, the Sexual Health Centre and its staff (hereafter referred-to collectively as the Sexual Health Centre) must comply with the data protection rules set out in the relevant Irish legislation.
This Policy applies to all personal data collected, processed and stored by the Sexual Health Centre in the course of its activities.
In its role as an employer, the Sexual Health Centre may keep information relating to a staff member’s physical, physiological or mental well-being, as well as their economic, cultural or social identity.
Personal data also include a combination of identification elements such as physical characteristics, pseudonyms, occupation, home address, etc.
To the extent that the Sexual Health Centre’s use of personal data qualifies as ‘business to customer’ processing, including the organisation’s communications to its staff members, the organisation is mindful of its obligations under the relevant Irish legislation, namely:
The Irish Data Protection Act (1988);
The Irish Data Protection (Amendment) Act (2003);
The EU Electronic Communications Regulations (2011); and
The General Data Protection Regulation (2018).
Scope
The policy covers both personal and sensitive personal data held in relation to its data subjects by the Sexual Health Centre. 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 the Sexual Health Centre. Both categories will be equally referred to as personal data in this policy, unless specifically stated otherwise.
Definitions
For the avoidance of doubt, and for consistency in terminology, the following definitions 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 that 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 Sexual Health Centre.
Sensitive Personal Data
Sensitive personal data is personal data which relates to specific aspects of one’s identity or personality, and includes information relating to ethnic or racial identity, political or ideological beliefs, religious beliefs, trade union membership, mental or physical well-being, sexual orientation, or criminal record.
Data Controller
The legal entity responsible for the acquisition, processing and use of the personal data. In the context of this policy; the Sexual Health Centre is the data controller.
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 the Sexual Health Centre on the basis of a formal, written contract, but who is not an employee of the Sexual Health Centre.
Designated Data Protection Person
A person appointed by the Sexual Health Centre to monitor compliance with the appropriate data protection legislation, to deal with Subject Access Requests, and to respond to data protection queries from staff members and the general public.
The Sexual Health Centre as a Data Controller
In the course of its daily organisational activities, the Sexual Health Centre acquires, processes and stores personal data in relation to living individuals. To that extent, the Sexual Health Centre is a data controller, and has obligations under the Data Protection legislation, which are reflected in this document.
In accordance with Irish Data Protection legislation, this data must be acquired and managed fairly.
The Sexual Health Centre is committed to ensuring that all staff members have sufficient awareness of the legislation in order to be able to anticipate and identify a data protection issue, should one arise. In such circumstances, staff members must ensure that the Designated Data Protection Person is informed, in order that appropriate corrective action is taken.
The Designated Data Protection Person is:
Dr. Martin Davoren, Executive Director
The Sexual Health Centre Ltd., 16 Peters Street, Cork. T12 DX73
E-mail: martindavoren@sexualhealthcentre.com
Tel: +353 21 427 5837
Due to the nature of the services provided by the Sexual Health Centre, there is a regular and active exchange of personal data between the Sexual Health Centre and its data subjects. In addition, the Sexual Health Centre exchanges personal data with data processors on the data subjects’ behalf. This is consistent with the Sexual Health Centre’s obligations under the terms of its contracts with its data processors.
This policy provides the guidelines for this exchange of information, as well as the procedure to follow in the event that a staff member is unsure whether such data can be disclosed. In general terms, the staff member should consult with the Designated Data Protection Person to seek clarification.
Third-Party Processors (Where Applicable)
In the course of its role as data controller, the Sexual Health Centre engages third-party service providers, or data processors, to process personal data on its behalf.
In each case, a formal, written contract is in place with the processor, outlining their obligations in relation to the personal data, the security measures that they must have in place to protect the data, the specific purpose or purposes for which they are engaged, and the understanding that they will only process the data in compliance with the Irish Data Protection legislation.
The contract will also include reference to the fact that the data controller is entitled, from time to time, to audit or inspect the data management activities of the data processor, and to ensure that they remain compliant with the legislation, and with the terms of the contract.
The Data Protection Rules
The following key rules are enshrined in Irish legislation and are fundamental the Sexual Health Centre’s data protection policy.
In its capacity as data controller, the Sexual Health Centre 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 (The Sexual Health Centre);
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.
The Sexual Health Centre 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, the Sexual Health Centre 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 the Sexual Health Centre’s lawful activities, and it 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 the Sexual Health Centre and operating on its behalf, or where the Sexual Health Centre is required to do so by law.
2. Be obtained only for one or more specified, legitimate purposes
The Sexual Health Centre 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 the Sexual Health Centre holds their data, and it 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 the Sexual Health Centre will be compatible with the purposes for which the data was acquired.
4. Be kept safe and secure
The Sexual Health Centre will employ high standards of security in order to protect the personal data under its care. The Sexual Health Centre’s Password Policy and Data Retention & Destruction Policies guarantee protection against unauthorised access to, or alteration, destruction or disclosure of any personal data held by the Sexual Health Centre in its capacity as data controller.
Access to, and management of, staff and customer records is limited to those staff members who have appropriate authorisation and password access.
In the event of a data security breach affecting the personal data being processed on behalf of the data controller, the relevant third party processor will notify the data controller without undue delay.
5. Be kept accurate, complete and up-to-date where necessary
The Sexual Health Centre will:
Ensure that administrative and IT validation processes are in place to conduct regular assessments of data accuracy;
Conduct periodic reviews and audits to ensure that relevant data is kept accurate and up-to-date. The Sexual Health Centre conducts a review of sample data every six months to ensure accuracy;
Ensure that staff contact details and details on next-of-kin are reviewed and updated every two years, or on an ‘ad hoc’ basis where staff members inform the office of such changes;
Conduct regular assessments in order to validate 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
The Sexual Health Centre will ensure that the data it 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)
The Sexual Health Centre has identified an extensive matrix of data categories, with reference to the appropriate data retention period for each category. The matrix applies to data in both a manual and automated format.
Once the respective retention period has elapsed, the Sexual Health Centre 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
The Sexual Health Centre 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 Retention Periods
Employee records — As per legislation
Client records — 2 years
IT records — 2 years
Contractors — As per legislation
Leave and timekeeping records — 4 years
Recruitment– unsuccessful applicants — 12 months
Financial Company Records — 6 years + current year
Maternity Leave Records — 6-12 months
Board of Director information — Duration of membership + 2 years
Data Security Provisions
This list clarifies the security in place for each data set collected by the Sexual Health Centre Ltd. Where other data is collected, its security protocol will be made clear or may be queried with the organisation’s funders.
Employee
PPSN — Filing Cabinet & Password-Protected Computer
Address — Filing Cabinet & Password-Protected Computer
Emergency Contact — Filing Cabinet & Password-Protected Computer
(Mobile) Phone — Filing Cabinet & Password-Protected Computer
Bank Details — Filing Cabinet & Password-Protected Computer
Tax Certificates — Password-Protected Computer
Pay Records — Filing Cabinet & Password-Protected Computer
CV & Educational Records — Filing Cabinet & Password-Protected Computer
Contracts — Filing Cabinet & Password-Protected Computer
Correspondence — Filing Cabinet & Password-Protected Computer
Leave Records — Filing Cabinet
Health & Safety records — Filing Cabinet
Accident/Incident Reports — Filing Cabinet & Password-Protected Computer
Discipline & Grievance Reports — Filing Cabinet & Password-Protected Computer
Clients
Name — Filing Cabinet & Password-Protected Computer
Phone (Mobile) — Filing Cabinet & Password-Protected Computer
Appointment details — Filing Cabinet & Password-Protected Computer
Age — Filing Cabinet & Password-Protected Computer
Date of birth — Filing Cabinet & Password-Protected Computer
Gender — Filing Cabinet & Password-Protected Computer
Sexual identity — Filing Cabinet & Password-Protected Computer
Country of origin — Filing Cabinet & Password-Protected Computer
Risk taking behaviour — Filing Cabinet & Password-Protected Computer
Medical records — Filing Cabinet & Password-Protected Computer
Emergency Contact — Filing Cabinet & Password-Protected Computer
Referral letters — Filing Cabinet & Password-Protected Computer
Data Subject Access Requests
As part of the day-to-day operation of the organisation, the Sexual Health Centre staff engages in active and regular exchanges of information with data subjects. Where a valid, formal request is submitted by a data subject in relation to the personal data held by the Sexual Health Centre which relates to them, such a request gives rise to access rights in favour of the Data Subject.
There are specific time-lines within which the Sexual Health Centre must respond to the data subject, depending on the nature and extent of the request. These are outlined in the attached Subject Access Request process document.
The Sexual Health Centre’s staff will ensure that such requests are forwarded to the Designated Data Protection Person in a timely manner, and they are processed as quickly and efficiently as possible, but within not more than 30 calendar days from receipt of the request.
Implementation
As a data controller, the Sexual Health Centre ensures that any entity which processes personal data on its behalf (a data processor) does so in a manner compliant with the Data Protection legislation through a formal Data Processor Agreement.
Regular audit trail monitoring will be done by the Designated Data Protection Person to ensure compliance with this Agreement by any third-party entity which processes personal data on behalf of the Sexual Health Centre.
Failure of a data processor to manage the Sexual Health Centre’s data in a compliant manner will be viewed as a breach of contract, and will be pursued through the courts.
Failure of the Sexual Health Centre’s staff to process personal data in compliance with this policy may result in disciplinary proceedings.
If you have any questions or queries please contact us on 021 427 58 37 or info@sexualhealthcentre.com.