DATA PROTECTION POLICY STATEMENT

Introduction
Next to its people, information is PHAST’s most important asset.  Because of this, PHAST recognises the importance of protecting its information assets and, in particular, the information relating to its staff, Associates and other individuals in whatever form that information is held.

PHAST needs to keep and process certain information about such persons so that, for example, staff and Associates can be recruited and paid, courses organised, facilities provided and legal obligations to funding bodies and government complied with.  For its work for clients, PHAST may also utilise confidential information about other people, eg, patients.  In performing both these roles PHAST must comply with the General Data Protection Regulations 2016/679 and the Data Protection Act 2018 (DPAct18) and process that information in accordance with the eight Data Protection Principles set out in the Act.

Responsibilities
Responsibility for ensuring compliance with its Data Protection Policy is held by the PHAST Board and they will nominate a Data Protection Co-ordinator to handle day-to-day issues of compliance and internal registration.  

Security
It is the responsibility of all staff, Associates and any third parties authorised to access PHAST data sets or handle sensitive data on behalf of clients, to ensure that that data, whether held electronically or manually, is kept securely and not disclosed unlawfully, in accordance with current legal requirements.

 Policy Awareness
A copy of this policy statement is given to all new members of staff, all new Associates and authorised third parties.  Existing staff, Associates and authorised third parties are regularly advised of the policy, which will be posted on the PHAST website, as will any subsequent revision of these documents.  All staff, Associates and authorised third parties are to be familiar with and comply with the policy at all times.

Introduction
 This policy sets out PHAST’s commitment to ensuring that any personal data, including special category personal data, which PHAST processes, is carried out in compliance with data protection law. PHAST processes the personal data of staff primarily from the UK but can involve individuals resident anywhere in the world, but is committed to ensuring that all the personal data that it processes is done in accordance with data protection law. PHAST ensures that good data protection practice is embedded in the culture of our staff and our organisation. 

Scope
This policy applies to all personal data processed by PHAST and its Associates, and is part of PHAST’s approach to compliance with data protection law. All PHAST staff and Associates are expected to comply with this policy and failure to comply may lead to disciplinary action for misconduct, including dismissal. 

Data protection principles 
PHAST complies with the data protection principles set out below. When processing personal data, it ensures that: 

• it is processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’) 
• it is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
• it is all adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
• it is all accurate and, where necessary, kept up to date and that reasonable steps will 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 (‘accuracy’)
• it is 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 (‘storage limitation’)
• it is 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 (‘integrity and confidentiality’)

PHAST will facilitate any request from a data subject who wishes to exercise their rights under data protection law as appropriate, always communicating in a concise, transparent, intelligible and easily accessible form and without undue delay.  

Process/procedures/guidance
PHAST will:

• ensure that the legal basis for processing personal data is identified in advance and that all processing complies with the law
• not do anything with the data that you would not expect given the content of this policy and the fair processing or privacy notice 
• ensure that appropriate privacy notices are in place advising staff and others how and why their data is being processed, and, in particular, advising data subjects of their rights
• only collect and process the personal data that it needs for purposes it has identified in advance
• ensure that, as far as possible, the personal data it holds is accurate, or a system is in place for ensuring that it is kept up to date as far as possible 
• only hold onto personal data for as long as it is needed, after which time PHAST will securely erase or delete the personal data – PHAST’s data retention policy sets out the appropriate period of time 
• ensure that appropriate security measures are in place to ensure that personal data can only be accessed by those who need to access it and that it is held and transferred securely 

PHAST will ensure that all staff and Associates who handle personal data on its behalf are aware of their responsibilities under this policy and other relevant data protection and information security policies, and that they are adequately trained and supervised. 
Breaching this policy may result in disciplinary action for misconduct, including dismissal. Obtaining (including accessing) or disclosing personal data in breach of PHAST’s data protection policies may also be a criminal offence. 

PHAST Associates accessing and processing confidential data to meet clients’ needs will ensure the acquisition and storage of data is agreed with the client, and will fully accord with both GDPR and any data sharing agreement with the client.

Data Subject Rights
PHAST has processes in place to ensure that it can facilitate any request made by an individual to exercise their rights under data protection law. All staff have received training and are aware of the rights of data subjects. Staff can identify such a request and know who to send it to. 
All requests will be considered without undue delay and within one month of receipt as far as possible.   

Subject access: the right to request information about how personal data is being processed, including whether personal data is being processed and the right to be allowed access to that data and to be provided with a copy of that data along with the right to obtain the following information: 

• the purpose of the processing 
• the categories of personal data 
• the recipients to whom data has been disclosed or which will be disclosed 
• the retention period
• the right to lodge a complaint with the Information Commissioner’s Office 
• the source of the information if not collected direct from the subject, and 
• the existence of any automated decision making 

Rectification: the right to allow a data subject to rectify inaccurate personal data concerning them. 

Erasure: the right to have data erased and to have confirmation of erasure, but only where:

• the data is no longer necessary in relation to the purpose for which it was collected, or
• where consent is withdrawn, or
• where there is no legal basis for the processing, or 
• there is a legal obligation to delete data

Restriction of processing: the right to ask for certain processing to be restricted in the following circumstances:   

• if the accuracy of the personal data is being contested, or
• if our processing is unlawful but the data subject does not want it erased, or
• if the data is no longer needed for the purpose of the processing but it is required by the data subject for the establishment, exercise or defence of legal claims, or 
• if the data subject has objected to the processing, pending verification of that objection 

Data portability: the right to receive a copy of personal data which has been provided by the data subject and which is processed by automated means in a format which will allow the individual to transfer the data to another data controller. This would only apply if PHAST was processing the data using consent or on the basis of a contract. 

Object to processing: the right to object to the processing of personal data relying on the legitimate interests processing condition unless PHAST can demonstrate compelling legitimate grounds for the processing which override the interests of the data subject.

Special category personal data
This includes the following personal data revealing:
Protected Characteristics  
political opinions
religious or philosophical beliefs 
trade union membership 
the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person
an individual’s health
criminal convictions or offences 
PHAST processes special category data of clients and third parties as is necessary to provide Public Health Services.

PHAST processes special category data of employees as is necessary to comply with employment and social security law. This policy sets out the safeguards we believe are appropriate to ensure that we comply with the data protection principles set out above. 

PHAST will not hold data any longer than is necessary to perform its functions.