The Arts Excite C.I.C CONFIDENTIALITY POLICY
The Arts Excite C.I.C is committed to providing a confidential service to its users. No information given to The Arts Excite C.I.C will be shared with any other organisation or individual without the user’s expressed permission.
For the purpose of this policy, confidentiality relates to the transmission of personal, sensitive or identifiable information about individuals or organisations (confidential information), which comes into the possession of The Arts Excite C.I.C through its work.
The Arts Excite C.I.C holds personal data about its staff, users and members which will only be used for the purposes for which it was gathered and will not be disclosed to anyone outside of The Arts Excite C.I.C without prior permission.
All personal data will be dealt with sensitively and in the strictest confidence internally and externally.
The purpose of the Confidentiality Policy is to ensure that all staff, members, volunteers and users understand The Arts Excite C.I.C’s requirements in relation to the disclosure of personal data and confidential information.
• All personal paper-based and electronic data must be stored in accordance with the Data Protection Act 1998 and must be secured against unauthorised access, accidental disclosure, loss or destruction.
• All personal paper-based and electronic data must only be accessible to those individuals authorised to have access.
The Arts Excite C.I.C is committed to effective statistical recording of the use of its services in order to monitor usage and performance.
All statistical records used to generate case studies or are given to third parties, such as to support funding applications or monitoring reports for the local authority shall be produced in anonymous form, so individuals cannot be recognised.
All records are kept in locked filing cabinets. All information relating to service users will be left in locked drawers. This includes notebooks, copies of correspondence and any other sources of information.
Breaches of Confidentiality & Procedure
The Arts Excite C.I.C recognises that occasions may arise where individual members of staff feel they need to breach confidentiality. Confidential or sensitive information relating to an individual may be divulged where there is risk of danger to the individual, a volunteer or employee, or the public at large, or where it is against the law to withhold it. In these circumstances, information may be divulged to external agencies e.g. police or social services on a need to know basis.
Where a member of staff feels confidentiality should be breached the following steps will be taken:
• The member of staff should raise the matter immediately with their Project Manager.
• The member of staff must discuss with the Project Manager the issues involved in the case and explain why they feel confidentiality should be breached and what would be achieved by breaching confidentiality. The Project Manager should take a written note of this discussion.
• The Project Manager is responsible for discussing with the member of staff what options are available in each set of circumstances.
• The Project Manager is responsible for making a decision on whether confidentiality should be breached. If the Project Manager decides that confidentiality is to be breached then they should take the following steps:
The Project Manager should contact a member of The Arts Excite C.I.C’s Management Committee. The Project Manager should brief them on the full facts of the case, ensuring they do not breach confidentiality in doing so. The Project Manager should seek authorisation to breach confidentiality from the Management Committee.
If the Management Committee member agrees to breach confidentiality, a full written report on the case should be made and any action agreed undertaken. The Project Manager is responsible for ensuring all activities are actioned.
If the Management Committee member does not agree to breach confidentiality then this is the final decision of The Arts Excite C.I.C.
The Arts Excite C.I.C will monitor this policy to ensure it meets statutory and legal requirements including the Data Protection Act, Children's Act, Rehabilitation of Offenders Act and Prevention of Terrorism Act. Training on the policy will include these aspects.
Ensuring the Effectiveness of the Policy
All Management Committee members will receive a copy of the confidentiality policy. Existing and new member of staffs will be introduced to the confidentiality policy via induction and training. The policy will be reviewed annually and amendments will be proposed and agreed by the Management Committee.
Breaches of this policy will be dealt with under the Grievance and/or Disciplinary procedures as appropriate.
The Arts Excite Data Protection Policy
The Arts Excite C.I.C needs to collect and use certain types of information about the Individuals or Service Users who come into contact with The Arts Excite C.I.C in order to carry on our work. This personal information must be collected and dealt with appropriately whether is collected on paper, stored in a computer database, or recorded on other material and there are safeguards to ensure this under the Data Protection Act 1998.
2. Data Controller
The Arts Excite C.I.C is the Data Controller under the Act, which means that it determines what purposes personal information held, will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.
The Arts Excite C.I.C may share data with other agencies such as the local authority, funding bodies and other voluntary agencies.
The Individual/Service User will be made aware in most circumstances how and with whom their information will be shared. There are circumstances where the law allows The Arts Excite C.I.C to disclose data (including sensitive data) without the data subject’s consent.
a) Carrying out a legal duty or as authorised by the Secretary of State
b) Protecting vital interests of an Individual/Service User or other person
c) The Individual/Service User has already made the information public
d) Conducting any legal proceedings, obtaining legal advice or defending any legal rights
e) Monitoring for equal opportunities purposes – i.e. race, disability or religion
f) Providing a confidential service where the Individual/Service User’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Individuals/Service Users to provide consent signatures.
The Arts Excite C.I.C regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal.
The Arts Excite C.I.C intends to ensure that personal information is treated lawfully and correctly.
To this end, The Arts Excite C.I.C will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998.
Specifically, the Principles require that personal information:
a) Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
b) Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,
c) Shall be adequate, relevant and not excessive in relation to those purpose(s)
d) Shall be accurate and, where necessary, kept up to date,
e) Shall not be kept for longer than is necessary
f) Shall be processed in accordance with the rights of data subjects under the Act,
g) Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,
h) Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of Individuals/Service Users in relation to the processing of personal information.
The Arts Excite C.I.C will, through appropriate management and strict application of criteria and controls:
· Observe fully conditions regarding the fair collection and use of information
· Meet its legal obligations to specify the purposes for which information is used
· Collect and process appropriate information, and only to the extent that it is needed to fulfill its operational needs or to comply with any legal requirements
· Ensure the quality of information used
· Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:
o The right to be informed that processing is being undertaken,
o The right of access to one’s personal information
o The right to prevent processing in certain circumstances and
o The right to correct, rectify, block or erase information which is regarded as wrong information)
· Take appropriate technical and organisational security measures to safeguard personal information
· Ensure that personal information is not transferred abroad without suitable safeguards
· Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
· Set out clear procedures for responding to requests for information
4. Data collection
Informed consent is when
· An Individual/Service User clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data
· And then gives their consent.
The Arts Excite C.I.C will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.
When collecting data, The Arts Excite C.I.C will ensure that the Individual/Service User:
a) Clearly understands why the information is needed
b) Understands what it will be used for and what the consequences are should the Individual/Service User decide not to give consent to processing
c) As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
d) Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
e) Has received sufficient information on why their data is needed and how it will be used
5. Data Storage
Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.
Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.
It is The Arts Excite C.I.C responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party.
6. Data access and accuracy
All Individuals/Service Users have the right to access the information The Arts Excite C.I.C holds about them. The Arts Excite C.I.C will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.
In addition, The Arts Excite C.I.C will ensure that:
It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection
Everyone processing personal information understands that they are contractually responsible for following good data protection practice
Everyone processing personal information is appropriately trained to do so
Everyone processing personal information is appropriately supervised
Anybody wanting to make enquiries about handling personal information knows what to do
It deals promptly and courteously with any enquiries about handling personal information
It describes clearly how it handles personal information
It will regularly review and audit the ways it hold, manage and use personal information
It regularly assesses and evaluates its methods and performance in relation to handling personal information
All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them
This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.
In case of any queries or questions in relation to this policy please contact The Arts Excite C.I.C Data Protection Officer:
Name: Jordon Maynard-Daley
Glossary of Terms
Data Controller – The person who (either alone or with others) decides what personal information The Arts Excite C.I.C will hold and how it will be held or used.
Data Protection Act 1998 – The UK legislation that provides a framework for responsible behaviour by those using personal information.
Data Protection Officer – The person(s) responsible for ensuring that The Arts Excite C.I.C follows its data protection policy and complies with the Data Protection Act 1998.
Individual/Service User – The person whose personal information is being held or processed by The Arts Excite C.I.C for example: a client, an employee, or supporter.
Explicit consent – is a freely given, specific and informed agreement by an Individual/Service User in the processing of personal information about her/him. Explicit consent is needed for processing sensitive data.
Notification – Notifying the Information Commissioner about the data processing activities of The Arts Excite C.I.C, as certain activities may be exempt from notification.
The link below will take to the ICO website where a self assessment guide will help you to decide if you are exempt from notification: http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx
Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 1998.
Processing – means collecting, amending, handling, storing or disclosing personal information.
Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees within (GROUP).
Sensitive data – refers to data about:
Racial or ethnic origin
Religion or similar beliefs
Trade union membership
Physical or mental health
Criminal record or proceedings
This pack has been adapted with permission from Voluntary Action Leicester Model Data Protection Policy.