Special category/sensitive processing
This is the ‘appropriate policy document’ for Rugby Borough Council that sets out how the council will protect special category and criminal convictions personal data.
It meets the requirement at paragraph 1 of Schedule 1 to the Data Protection Act 2018 that an appropriate policy document be in place where the processing of special category personal data is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on the controller or the data subject in connection with employment, social security or social protection.
It also meets the requirement at paragraph 5 of Schedule 1 to the Data Protection Act 2018 that an appropriate policy document be in place where the processing of special category personal data is necessary for reasons of substantial public interest. The specific conditions under which data may be processed for reasons of substantial public interest are set out at paragraphs 6 to 28 of Schedule 1 to the Data Protection Act 2018.
In addition, it meets the requirement in paragraphs 35(4) and 35(5) of Part 3 of the Data Protection Act 2018 that an appropriate policy document be in place as a condition for sensitive processing for reasons of substantial public interest under paragraph 42. The specific conditions under which data may be processed for reasons of substantial public interest are set out in paragraph 1 of Schedule 8.
1. Procedures for securing compliance
Article 5 of the General Data Protection Regulation and paragraphs 35-40 of the Data Protection Act 2018 set out the relevant data protection principles which are summarised below. These are our procedures for ensuring that we comply.
1.1 Principle 1
Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
Rugby Borough Council will:
- ensure that personal data is only processed where a lawful basis applies, and where processing is otherwise lawful
- only process personal data fairly, and will ensure that data subjects are not misled about the purposes of any processing
- having regard for the purpose of the processing, ensure that data subjects receive relevant information so that any processing of personal data is transparent
1.2 Principle 2
Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
Rugby Borough Council will:
- only collect personal data for specified, explicit and legitimate purposes, and, having regard for the purpose of the processing, we will inform data subjects what those purposes are in a privacy notice
- not use personal data for purposes that are incompatible with the purposes for which it was collected. If we do use personal data for a new purpose that is compatible, and having regard for the purpose of the processing, we will inform the data subject first.
1.3 Principle 3
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
Rugby Borough Council will only collect the minimum personal data that we need for the purpose for which it is collected. We will ensure that the data we collect is adequate and relevant.
1.4 Principle 4
Personal data shall be accurate and, where necessary, kept up to date.
Rugby Borough Council will ensure that personal data is accurate, and kept up to date where necessary. We will take particular care to do this where our use of the personal data has a significant impact on individuals. Having regard for the purpose for which it is being processed, where personal data is found to be inaccurate it will be erased or rectified.
1.5 Principle 5
Personal data shall be 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.
Rugby Borough Council will only keep personal data in identifiable form as long as is necessary for the purposes for which it is collected, or where we have a legal obligation to do so. Once we no longer need personal data it shall be deleted or rendered permanently anonymous.
1.6 Principle 6
Personal data shall be 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.
Rugby Borough Council will ensure that there appropriate organisational and technical measures in place to protect personal data.
2. Accountability principle
The controller shall be responsible for, and be able to demonstrate compliance with these principles.
Our Executive Director is responsible for ensuring that the council is compliant with these principles. We will:
- ensure that records are kept of all personal data processing activities, and that these are provided to the Information Commissioner on request
- carry out a Data Protection Impact Assessment for any high risk personal data processing, and consult the Information Commissioner if appropriate
- ensure that a Data Protection Officer is appointed to provide independent advice and monitoring of the departments’ personal data handling, and that this person has access to report to
- the highest management level of the department
- have in place internal processes to ensure that personal data is only collected, used or handled in a way that is compliant with data protection law.
3. Data controller’s policies as regards retention and erasure of personal data
We will ensure, where special category or criminal convictions personal data is processed or when sensitive processing is to take place, that:
- there is a record of that processing, and that record will set out, where possible, the envisaged time limits for erasure of the different categories of data
- where we no longer require special category or criminal convictions personal data for the purpose for which it was collected, or when sensitive processing is no longer required, we will delete it or render it permanently anonymous
- having regard for the purpose of the processing, data subjects receive information about how their data will be handled, and that this will include the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period
4. More information
For more information on privacy and Rugby Borough Council see www.rugby.gov.uk/privacy.
Alternatively you can contact the Data Protection Officer at Rugby Borough Council, Town Hall, Evreux Way, Rugby CV21 2RR.