Date Reviewed | Name of Reviewer | Next Review |
10.01.25 | 10.01.26 |
Section A – Policy Overview.. 3
A.3 – Roles and Responsibilities 4
Section B – Data Protection. 4
B.1 – Data Subject Rights and Data Integrity. 4
B.2 – Data Protection Principles 4
B.3.4 – Limitation and Minimisation. 6
B.3.7 – Automated Processing (including profiling) and Automated Decision-Making. 7
B.3.8 – Privacy by Design and Data Protection Impact Assessment (DIPA) 7
Section C – Disclosure of Information. 8
C.1 – Sharing Personal Data. 8
Section D – Confidentiality, Disposal and Retention. 8
This document is a working document and is intended to be the basis on which data is processed. All efforts will be made to ensure that the document is up to date, and relevant. Any changes to this document will be reviewed, dated and signed for.
This document will be updated at least annually and following any serious incident or breach.
This policy sets out the obligations of Greengate Trust regarding the retention, protection and confidentiality of personal data collected, held and processed by Greengate Trust in accordance with The UK General Data Protection Regulation (UKGDPR) and data protection act 2018.
UKGDPR defines ‘personal data’ as any information relating to an identified or identifiable natural person (data subject). An n identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
The UKGDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
Under the UKGDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the UKGDPR to protect that data).
In addition, the UKGDPR includes the right to erasure or “the right to be forgotten.” Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
Greengate Trust supports the objectives of the UKGDPR and Data Protection Act 2018 and other legislature relating to data processing, including the Human Rights Act 2000, Regulation of Investigatory Powers Act 2000 and the Freedom of Information Act 2000. Greengate Trust has a statutory obligation to process personal date in accordance with the provisions of the GPDR and the Data Protection Act 2018.
Every representative of Greengate Trust has an obligation to ensure that the information they process (use) is collected, maintained and disclosed in accordance with UK GDPR and that Data Protection Act 2018.
This policy shall be deemed effective from 23.12.2024. No part of this policy shall have retroactive effect and shall thus apply to matters occurring on or after this date.
Greengate Trust will process data to:
Clarify who the policy applies to (e.g. donors, beneficiaries, staff, volunteers) The primary aim of this policy is to set out the limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this policy aims to ensure that Greengate Trust complies fully with its obligations and the rights of data subjects under the UK GDPR.
In addition to safeguarding the rights of data subjects under the UK GDPR, by ensuring that excessive amounts of data are not retained by Greengate Trust, this policy also aims to improve the speed and efficiency of managing data.
The Trustees hold the overall responsibility for overseeing the implementation of this policy and for monitoring compliance with this policy, GDPR and the Data Protection Act 2018 (and any other applicable data protection legislation). Any questions regarding this policy, the retention of personal data, or any other aspect of GDPR should be referred to the Trustees.
All personal data help by Greengate Trust is held in accordance with the requirements of UK GDPR and the data subjects’ rights thereunder, as set out in this policy.
Data subjects are kept fully informed of their rights, of what personal data is held by Greengate Trust about them, how that personal data is used, and how long it will be held for. If no fixed retention period can be determined, the criteria by which the retention of the data will be determined. Data will be held for as long as is practically necessary.
Data subjects are given control over their personal data help by Greengate Trust including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this policy), the right to restrict EncourgingYou’s use of their personal data, the right to data portability, and further rights relating to automated decision-making and profiling, as set out in this policy.
As per the UK GDPR legislation and obligations, data subjects have the following rights:
Data for individuals under 18 will be processed in accordance with Greengate Trust’s child protection policy and all UK child protection legislation and obligations to ensure compliance with addition safeguards.
We adhere to the principles relating to the Processing of Personal Data set out in the GDPR which require personal data to be:
We are responsible for and must be able to demonstrate accountability for the compliance with the data protection principles listed above.
Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data
Subject.
You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes.
The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing, but ensure that we Process Personal Data fairly
and without adversely affecting the Data Subject.
The GDPR allows Processing for specific purposes, some of which are set out below:
The lawful bases under UK GDPR for processing data include:
A Data Controller must only process Personal Data on the basis of one or more of the lawful bases set out in the GDPR, which include Consent.
A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters.
Data Subjects 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 you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Sensitive Personal Data, for Automated Decision-Making and for cross border data transfers. Usually, we will be relying on another legal basis (and not require Explicit Consent) to Data Protection Process most types of Sensitive Data. Where Explicit Consent is required, you must issue a Fair Processing Notice to the Data Subject to capture Explicit Consent.
You will need to evidence Consent captured and keep records of all Consents so that Greengate Trust can demonstrate compliance with Consent requirements
Date will be collected in a number of ways:
The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere.
Such information must be provided through appropriate Privacy Notices or Fair Processing Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them and which must be presented when the Data Subject first provides the Personal Data (where data is collected directly) and as soon as possible after collecting/receiving the data (where data is collected indirectly).
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.
You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes, and they have Consented where necessary.
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
You may only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties.
You may only collect Personal Data that you require for your job duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.
You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with Greengate Trust’s data retention guidelines.
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
You will ensure that the Personal Data we use, and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
The Data Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Data Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.
Greengate Trust must have adequate resources and controls in place to ensure and to document GDPR compliance including:
Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
(a) Data Subject has Explicitly Consented;
(b) the Processing is authorised by law; or
(c) the Processing is necessary for the performance of or entering into a contract.
If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but such Sensitive 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 Data Subjects must be informed when you first communicate with them of their right to object. 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 Data Subject's rights and freedoms and legitimate interests.
We must also inform the Data Subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the Data Subject the right to request human intervention, express their point of view or challenge the decision.
A DPIA (see section B.3.8) must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.
Where you are involved in any data Processing activity that involves profiling or ADM, you must comply with Greengate Trust’s requirements on profiling or ADM as communicated to you from time to time.
We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.
You 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:
Data controllers must also conduct DPIAs in respect to high risk Processing.
You should conduct a DPIA (and discuss your findings with the DPO) when implementing major system or business change programs involving the Processing of Personal Data including:
A DIPA must include:
Any use or disclosure of information held within Greengate Trust without there being a legitimate purpose or legal basis, will be classed as unauthorised and is a criminal offence under Section 170 of the Data Protection Act 2018.
Generally, we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
You may only share the Personal Data we hold with another employee, agent or representative of our group (which includes our subsidiaries and our ultimate holding Five Rivers Group along with its subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.
You may only share the Personal Data we hold with third parties, such as our service providers if:
You must comply with Greengate Trust’s requirements on sharing data with third parties.
Data can be shared through the following means:
Greengate Trust is committed to confidentiality, as set out under our legal obligations defined within the UK GDPR and Data Protection Act 2018.
Upon the expiry of the data retention periods set out below, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed or otherwise disposed of as follows:
Data retention periods are set out in line with the government Data Retention Policy found here: https://www.gov.uk/government/publications/cma-data-retention-policy/data-retention-policy
Data Subject | Type of Data | Purpose of Data | Retention Period or Criteria |
Greengate Trust Staff | Personal data; Application information; Payroll/ payment information | To perform a contract to comply with a legal obligation | Review or destroy: 6 years upon termination of contract |
Greengate Trust Volunteer | Personal data; Application information | To perform a contract to comply with a legal obligation | Review or destroy: 6 years from last day working with Greengate Trust, unless agreed upon |
Candidates | Personal Data; Application information | To assess eligibility to perform a contract to comply with a legal obligation | Destroy: 2 years from application date |
Children and Young People, including legal guardianship data | Personal Data | To comply with legal obligations | Destroy: 2 years from last date engaging with Greengate Trust |
Beneficiary | Personal Data; Contact information; Business Data | To comply with legal obligations, to maintain communications | Review or destroy: 6 years from last day working with Greengate Trust, unless agreed upon |
Contractors | Personal Data | To comply with legal obligations | Review or destroy: 6 years from last date of employment |
Website data | IP addresses, cookies and analytics data | To comply with legal obligations and to maintain communications | Destroy: 2 years from last interaction with Greengate Trust, unless otherwise agreed upon |
Greengate Trust is committed to protecting personal data, and will maintain this via: