Data Protection Policy

Author	Thorntons Law LLP
Version	1
Approval by Management Committee	10/09/2019
Next Review Date	10/09/2020

1. About this Policy

1. 1. The Lothian Association of Sessional General Practitioners (hereinafter “LASGP”, “we”, “our” or “us”) needs to collect, process and store Personal Data about its members in order to carry out our activities and provide the services we offer.

1. 2. LASGP recognise that the lawful treatment of Personal Data will maintain confidence in the association and provide for successful operations. Protecting the confidentiality and integrity of Personal Data is a responsibility that we take seriously at all times.

1. 3. This Data Protection Policy (“Policy”) sets out the principles and legal conditions that LASGP must satisfy when Processing Personal Data in the course of its operations and activities.

2. Scope

1. 1. This Policy applies to members of the LASGP Committee of Officers and any other individuals working for or undertaking a role on LASGP’s behalf (”you”, “your”). You must read, understand and comply with this Policy to ensure that LASGP:

1. 1. 1. complies with Data Protection Legislation;
      2. protects the rights of its members;
      3. is transparent about how it Processes Personal Data; and
      4. protects itself from the risks of a data breach, including the risk of fines and legal action.

2. 2. This Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present members, officers, supplier contacts or any other individual.

2. 3. This is an internal document and cannot be shared with third parties without prior authorisation of the Management Committee of Officers. Any queries about this Policy should be directed to the LASGP Committee of Officers by contacting secretary12@lasgp.org.

3. Definitions

1. 1. In this Policy, the following definitions apply:

Consent	agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them.
Data Protection Legislation	all applicable data protection and privacy legislation in force from time to time in the UK including the GDPR the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Data Subject	any identifiable individual about whom Personal Data relates.
GDPR	the General Data Protection Regulation ((EU) 2016/679).
Personal Data	any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
Processing or Process	any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Special Categories of Personal Data	information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.

4. Data Protection Principles

1. 1. We adhere to the principles set out in the Data Protection Legislation which require Personal Data to:

1. 1. • Be processed lawfully, fairly and transparently (Lawfulness, Fairness and Transparency).
      • Be collected for specific, explicit, and legitimate purposes only (Purpose Limitation).
      • Be kept to a minimum; adequate, relevant and limited to what is needed for processing purposes (Data Minimisation).
      • Be accurate and kept up to date (Accuracy).
      • Not be kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
      • Be Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
      • Not be transferred to another country without appropriate safeguards being in place (Transfer Limitation).
      • Be made available to Data Subjects and allow Data Subjects to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).

5. General Guidelines

1. 1. We are responsible for and must be able to demonstrate compliance with the principles listed above. We therefore require you to comply with the guidelines and information security requirements set out below which reflect how these principles should be adhered to in practice:

5. 2. Lawfulness, Fairness and Transparency: You must ensure you have a lawful basis for Processing any Personal Data. The Data Protection Legislation sets out a limited set of bases for lawfully Processing Personal Data. The legal bases which LASGP rely on are set out in our Privacy Notice [https://www.locum-scotland.co.uk/privacy-policy/]. These are:

• • • Consent. A Data Subject consents to Processing 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. You will need to evidence Consent captured so that LASGP can demonstrate compliance with Consent requirements.
    • Necessary for our Legitimate Interests. Legitimate Interests can be relied upon for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set out in our Privacy Notice.

To ensure fairness and transparency, LASGP must provide detailed, specific information to Data Subjects when we Process their Personal Data. Such information must be provided through a Privacy Notice which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them. You must advise Data Subjects to consult our Privacy Notice whenever you collect Personal Data.

5. 3. Specific, Explicit and Legitimate Purposes: You may only Process Personal Data when necessary to perform your duties to LASGP. Only people who require Personal Data for their role should be able to access Personal Data covered by this Policy. You should not process Personal Data for any reason unrelated to your duties to LASGP. You must only collect, Process and share Personal Data for the Purposes specified in our Privacy Notice. These include to:

1. 1. 1. register and manage membership of LASGP;
      2. facilitate the advertisement of job listings on the LASGP platform;
      3. send our newsletter and other marketing material;
      4. manage LASGP’s relationship with its members, for example, by responding to enquiries; and
      5. administer the LASGP website and ensure it is presented effectively.

5. 4. Adequate, Relevant and Limited: Please do not collect excessive data and ensure any Personal Data collected is adequate and relevant for the intended purposes. We do not process any Special Categories of Personal Data and you should not request, store or otherwise Process any such data on LASGP’s behalf.

Personal Data must not be further Processed in any manner incompatible with our 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.

5. 5. Accurate: Personal Data must be accurate and kept up to date. It must be corrected or deleted without delay when inaccurate. You must check the accuracy of any Personal Data at the point of collection. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data. For example, if we hold contact details for a member which are out of date, you must delete the old contact details immediately.

5. 6. Retained no longer than necessary: You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the purposes for which we originally collected it. You will take all reasonable steps to destroy or erase all Personal Data that we no longer require in accordance with the retention periods below:

1. 1. • Current member information: Retain for as long as their membership is active.
      • Past member information: Delete 1 year after membership ends.
      • Supplier information: Retain for as long as the supplier is actively providing services to LASGP and delete 1 year after the supply ends.

5. 7. Technical and Organisation Controls: You must adhere to our Information Security Requirements set out below.

6. Information Security Requirements

1. 1. Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage. LASGP must develop, implement and maintain safeguards appropriate to our size, scope and operations, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable).

6. 2. As the users of Personal Data, you are responsible for protecting the Personal Data we hold. It is therefore your responsibility to adhere to the Information Security Requirements set out in paragraph 6.3 below.

6. 3. You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data as follows:

• • • Only people who have a need to know and are authorised to use the Personal Data can access it. You must not share the Personal Data with any third party other than as specified in this Policy.
    • You must ensure Personal Data is stored in a secure location and must only be transferred using a secure, encrypted email system.
    • You must not create copies of Personal Data or store it on temporary storage devices, such as USB keys or disks.
    • You must not print or keep hard copies of Personal Data unless absolutely necessary.
    • All documents containing Personal Data must be password protected and only people who have a need to know and use the Personal Data should be given access to those passwords.

7. Responsibilities

1. 1. Everyone who carries out work on behalf of or otherwise represents LASGP has the responsibility for complying with the above requirements. In addition, the following people have key areas of responsibility:

1. 1. • Members of the LASGP Committee are ultimately responsible for ensuring compliance with this Policy and reviewing its content on an annual basis.

8. Reporting A Personal Data Breach

1. 1. A Personal Data Breach is any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach. Examples of a Personal Data Breach may include:

1. 1. • Loss or theft of data or equipment on which data is stored including portable devices e.g. laptops, PCs, mobile phones, USB sticks, disks etc.
      • Sending Personal Data to the wrong email address or postal address.
      • Loss or theft of paper records.
      • Equipment failure, viruses or phishing attaches where Personal Data is obtained by deceit.

8. 2. The Data Protection Legislation requires LASGP to notify certain Personal Data Breaches to the ICO and, in some circumstances, the Data Subject. Relevant Personal Data Breaches must be notified to the ICO within 72 hours of becoming known.

8. 3. If you confirm or suspect that a Personal Data Breach may have occurred, you must report it immediately by emailing secretary12@lasgp.org. Adherence to this requirement will ensure LASGP can comply with the 72 hour timeframe where the breach must be reported and minimise the impact of the breach.

8. 4. Not all actual or suspected Personal Data Breaches need to be reported to the ICO and the Data Subject. The Management Committee of Officers will assess the impact of any Personal Data Breaches notified and decide whether or not it should be reported. Please do not report any incidents to the ICO directly.

9. Transferring Personal Data outside of LASGP

1. 1. LASGP is not allowed to share Personal Data with third parties unless certain contractual arrangements have been put in place. You may only share the Personal Data we hold with another officer of LASGP if the recipient has a role-related need to know the information. You may only share the Personal Data we hold with third parties, such as our service providers if:

1. 1. 1. they have a need to know the information for the purposes of providing the contracted services;
      2. sharing the Personal Data complies with the Privacy Notice;
      3. the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
      4. the transfer complies with any applicable cross border transfer restrictions; and
      5. a fully executed written contract that contains GDPR approved third party clauses has been obtained. This is known as a data processing agreement and a template can be found [https://locum-scotland.co.uk/privacy-policy/].

9. 2. The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data across borders when you transmit, send, view or access that data in or to a different country than its country of origin. You may only transfer Personal Data outside the EEA in very limited circumstances. Please speak to secretary12@lasgp.org before transferring any Personal Data outside of the EEA.

10. Data Subject’s Rights And Requests

1. 1. Data Subjects have rights when it comes to how we handle their Personal Data, including the right to:

1. 1. 1. ask what information we hold about them and why;
      2. ask to access the information we hold about them;
      3. be informed how we keep their information up to date; and
      4. be information about how we are meeting our data protection obligations.

10. 2. If a Data Subjects makes any of the requests above, this is known as a Subject Access Request. Please contact the LASGP Committee of Officers at chairman@lasgp.org as soon as you receive a SAR as the Data Protection Legislation requires LASGP to respond in less than 30 calendar days.

11. Training and Monitoring

1. 1. The LASGP Committee of Officers will be invited to undertake training on data protection to enable them to comply with the Data Protection Legislation. We must also regularly test our processes to assess compliance and will review the current Policy on an annual basis.

12. Marketing

1. 1. Marketing to our members and third parties is subject to more specific rules under the Data Protection Legislation. For example, a Data Subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls).

12. 2. You must ensure a Data Subject has consented to receive marketing from us before issuing any marketing communications. This includes advertisement of our events and issuing our newsletter.

12. 3. The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information. A Data Subject’s objection to direct marketing must be promptly honoured. If a Data Subject opts out at any time, please update our records to retain only enough information to ensure that marketing preferences are respected in the future.

13. Non-Compliance

1. 1. There is a requirement for all officers, Management Committee members and key suppliers to comply with this Policy, and where requested, to demonstrate such compliance.  Failure to comply with this Policy shall be regarded as a disciplinary offence and may result in removal from office.

14. Record Keeping

1. 1. The Data Protection Legislation requires small organisations such as LASGP to document Processing activities that:

1. 1. 1. are not occasional;
      2. could result in a risk to the rights and freedoms of individuals; or
      3. involve the processing of Special Categories of Personal Data or data regarding criminal convictions.

14. 2. These records should include, at a minimum, the name and contact details of LASGP, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data transfers, the Personal Data’s retention period and a description of the security measures in place.

15. Changes To This Data Protection Policy

1. 1. We reserve the right to change this Data Protection Policy at any time without notice to you so please check back regularly to obtain the latest copy of this Policy.

Agreed on November 26^th 2019