Information Access and Use: Data Protection Policy

Definitions

Data Protection Principles

1. The Council is committed to processing data in accordance with its responsibilities under the GDPR and DPA2018.
2. Article 5 of the GDPR requires that personal data shall be:
   1. processed lawfully, fairly and in a transparent manner in relation to individuals;
   2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
   3. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
   4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
   5. 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; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
   6. 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.

General Provisions

1. This policy applies to all personal data processed by the Council.
2. The SIRO shall take responsibility for the Council’s ongoing compliance with this policy.
3. This policy is reviewed at least annually.
4. The Council has registered with the ICO as an organisation that processes personal data, and its registration number is Z4809838.

Lawful, Fair and Transparent Processing

1. To ensure individuals are aware of how the Council processes their personal data, it maintains a privacy policy, which is available online.
2. To ensure its processing of data is lawful, fair and transparent, the Council maintains a Record of Processing Activities, which is regularly reviewed.
3. Individuals have the right to access their personal data and any such requests made to the Council shall be dealt with promptly, and within the timeframes set down in the GDPR.

Data Minimisation

1. The Council shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

Accuracy

1. The Council shall take reasonable steps to ensure personal data is accurate.
2. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
3. The Council will carry out regular quality checks to improve the accuracy of records, and to identify and remove duplicates.

Archiving / Removal

1. To ensure that personal data is kept for no longer than necessary, the Council maintains a retention schedule that specifies for how long a record should be retained.
2. The retention schedule considers what data should/must be retained, for how long, and why.

Security

1. The Council shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
2. Access to personal data shall be limited to personnel who need access and appropriate security will be in place to avoid unauthorised sharing of information.
3. When personal data is deleted this will be done safely such that the data is irrecoverable.
4. Appropriate back-up and disaster recovery solutions are in place.

Breach

1. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Council shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO.

Accountability

1. To ensure the Council complies with the general accountability principle, which is central to the GDPR, it has a robust information governance and risk framework in place.
2. The framework covers:
   • Leadership and oversight
   • Policies and procedures
   • Training and awareness
   • Individuals’ rights
   • Transparency
   • Records of processing and lawful basis
   • Contracts and data sharing
   • Risks and data protection impact assessments
   • Records management and security
   • Breach response and monitoring

Further Information

1. For more information, or specific guidance, please contact the Council’s Data Protection Officer by email at: dataprotection@southampton.gov.uk