The legislation does not say that you need a specific policy document for handling this type of data only that you have "an appropriate policy document". If you already have a policy in place within each function then you probably don’t need another one.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 16 October 2018 11:18
To: [log in to unmask]
Subject: [data-protection] Appropriate Use policy document do you have one for the organisation or one for each team that handles criminal allegations?
Dear All,
I am after some advice. Under the GDPR/UKDPA 2018 (schedule 1 Part 4) (see below) authorities are required to have an appropriate use policy if they process special category and in particular criminal offence data, which according to article 10 of the GDPR requires additional safeguards (providing for appropriate safeguards for the rights and freedoms of data subjects.)
Here is an example of one: https://www.policeconduct.gov.uk/sites/default/files/Documents/Who-we-are/Our-Policies/Appropriate_Policy_Document_Core_Functions.pdf
I appreciate that the text says " to have an appropriate policy document in place" yet for a local authority that has 38 different functions (see appendix to this report http://researchbriefings.files.parliament.uk/documents/SN07104/SN07104.pdf ) of which several will have their own statutory responsibilities for dealing with special category data, especially criminal offence data, would it be better to have this devolved to each team or service that deals with the material?
The advantage is that you can go to the appropriate point to see how they are acting and it avoids having to keep a central document updated when one of a dozen teams varies its use.
What are your views? If you are using one document, how are you dealing with the situation of having multiple teams/services that rely on special category in particular criminal offence data.
Thanks
Lawrence
Text from the UK DPA 2018
PART 4
Appropriate policy document and additional safeguards Application of this Part of this Schedule 38This Part of this Schedule makes provision about the processing of personal data carried out in reliance on a condition in Part 1, 2 or 3 of this Schedule which requires the controller to have an appropriate policy document in place when the processing is carried out.
Requirement to have an appropriate policy document in place 39The controller has an appropriate policy document in place in relation to the processing of personal data in reliance on a condition described in paragraph 38 if the controller has produced a document which— (a)explains the controller’s procedures for securing compliance with the principles in Article 5 of the GDPR (principles relating to processing of personal data) in connection with the processing of personal data in reliance on the condition in question, and (b)explains the controller’s policies as regards the retention and erasure of personal data processed in reliance on the condition, giving an indication of how long such personal data is likely to be retained.
Additional safeguard: retention of appropriate policy document 40(1)Where personal data is processed in reliance on a condition described in paragraph 38, the controller must during the relevant period— (a)retain the appropriate policy document, (b)review and (if appropriate) update it from time to time, and (c)make it available to the Commissioner, on request, without charge.
(2)“Relevant period”, in relation to the processing of personal data in reliance on a condition described in paragraph 38, means a period which— (a)begins when the controller starts to carry out processing of personal data in reliance on that condition, and (b)ends at the end of the period of 6 months beginning when the controller ceases to carry out such processing.
Additional safeguard: record of processing 41A record maintained by the controller, or the controller’s representative, under Article 30 of the GDPR in respect of the processing of personal data in reliance on a condition described in paragraph 38 must include the following information— (a)which condition is relied on, (b)how the processing satisfies Article 6 of the GDPR (lawfulness of processing), and (c)whether the personal data is retained and erased in accordance with the policies described in paragraph 39(b) and, if it is not, the reasons for not following those policies.
Lawrence Serewicz
Information and Records Manager
Transformation and Partnerships
Durham County Council
County Hall
Room 143-148 4th Floor
Durham
County Durham
DH1 5UF
Direct 03000 268 038
Switchboard 03000 26 0000
www.durham.gov.uk
Follow us on Twitter @durhamcouncil
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 16 October 2018 09:38
To: [log in to unmask]
Subject: Notifiable breach - straw poll
Your HR department discovers that a student John Smith may have contracted an infectious disease whilst on an assignment in Africa.
It writes to John setting out its concerns and asking him to contact the medical service before returning to college in October. The letter is sent to the wrong John Smith. John’s condition is not public knowledge.
Is this personal data breach notifiable to the Information Commissioner?
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Customer Notice
We have recently updated our terms and conditions for all our services, including making some important updates to our privacy notices. To find out more about how we collect, use, share and retain your personal data, visit: www.durham.gov.uk/dataprivacy<https://www.durham.gov.uk/dataprivacy>
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
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