1. Policy Statement
SAOS receives, uses and stores personal information from our members (their managers and directors), our partner organisations including government and its agencies (staff, civil servants, directors), clients and in-project contacts, sub-contractors, those interested in SAOS’s work (academics and politicians), as well as from our own employees and directors. It is important that this information is handled lawfully and appropriately in line with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation (collectively referred to as the ‘Data Protection Requirements’).
We take our data protection duties seriously because we respect the trust that is being placed in us to use personal information appropriately and responsibly.
2. About This Policy
This policy, and any other documents referred to in it, sets out the basis on which we will process any personal data that we collect or process.
This policy does not form part of any employee’s contract of employment and may be amended at any time.
Tim Bailey, Chief Executive is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to him or reported in line with the organisation’s Whistleblowing Policy or Grievance Policy.
3. What is Personal Data?
Personal data means data (whether stored electronically or paper-based) relating to a living individual who can be identified directly or indirectly from that data (or from that data and other information in our possession).
Processing is any activity that involves the use of personal data. It includes obtaining, recording or holding the data, organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes personal data about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic, biometric, physical or mental health condition, sexual orientation or sexual life. It can also include data about criminal offences or convictions. Sensitive personal data can only be processed under strict conditions, including the consent of the individual.
4. Data Protection Principles
Anyone processing personal data, must ensure that data is:
5. Fair and Lawful Processing
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.
In accordance with the Data Protection Requirements, we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): when the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. We do not receive or process sensitive personal data, but should this occur, we will ensure that additional conditions specified under Data Protection Requirements are met.
6. Processing for Limited Purposes
In the course of our business, we may collect and process the personal data set out in Schedule 1. This may include data we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including SAOS members, business partners, sub-contractors in technical, payment and delivery of services, and others).
We will only process personal data for the specific purposes set out in Schedule 1 or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject at the time of collecting the data.
7. Notifying Individuals
We usually collect data in the normal course of our business for business purposes, from our business contacts, but if we collect personal data directly from an individual (employees for example), we will inform them about:
We will also inform data subjects whose personal data we process that SAOS is the data controller with regard to that data, and our contact details are SAOS Ltd, The Rural Centre, West Mains, Ingliston EH28 8NZ and the person responsible for Data Protection Compliance is Tim Bailey, Chief Executive.
8. Adequate, Relevant and Non-excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
9. Accurate Data
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
10. Timely Processing
We will not keep personal data longer than is necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.
11. Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular, their right to:
12. Data Security
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if that processor agrees to comply with those procedures and policies by way of a data-sharing agreement, or puts in place adequate security measures.
We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
Security procedures include:
We may transfer any personal data we hold to a country outside the European Economic Area (‘EEA’) or to an international organisation, provided that one of the following conditions applies:
Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject in the course of SAOS business, the processing of payment details and the provision of support services.
14. Disclosure and Sharing of Personal Data
We may share personal data we hold with any subsidiaries of SAOS. There are no such subsidiaries at this time.
15. Subject Access Requests
Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it immediately to Tim Bailey, Chief Executive.
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
Where a request is made electronically, data will be provided electronically where possible. Our employees will refer a request to their line manager or the Chief Executive.
16. Changes to this Policy
We reserve the right to change this policy at any time. Where appropriate, we will notify changes by mail or email.
SAOS Data Protection Policy Schedule 1
Data That We Collect and Process
Purposes for Which Data is Held and Processed