Data Protection Policy
Velvet PR needs to collect and use certain types of information about clients, suppliers, media contacts and staff in order to carry on its 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 General Data Protection Regulation 2018.
- Data Controller
Velvet PR Ltd is the Data Controller under the Act, which means that it determines for what purposes personal information is held and used.
The client, staff and other stakeholders will be made aware of how and with whom their information will be shared as appropriate within the terms of GDPR. There may be circumstances where the law allows Velvet PR Ltd to disclose data (including sensitive data) without the data subject’s consent.
- Carrying out a legal duty or as authorised by the Secretary of State
- Protecting vital interests of a client, member of staff, or other person
- The client, member of staff has already made the information public
- Conducting any legal proceedings, obtaining legal advice or defending any legal rights
- Monitoring for equal opportunities purposes – i.e. race, disability or religion
- Providing a confidential service where the client’s or member of staff’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 member of staff to provide consent signatures.
Velvet PR Ltd regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom it deals.
Velvet PR Ltd intends to ensure that personal information is treated lawfully and correctly.
Velvet PR Ltd will also adhere to the Principles of Data Protection, as detailed in the General Data Protection Regulation 2018 which replaces the Data Protection Act 1998 on the 25th May 2018.
Article 5 of the GDPR requires that personal data shall be:
- a) processed lawfully, fairly and in a transparent manner in relation to individuals;
- b) 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;
- c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- d) 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;
- e) 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
- f) 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.”
Article 5(2) requires that:
“the controller shall be responsible for, and be able to demonstrate, compliance with the principles.”
This is building on our previous policy and adhering to the Principles of Data Protection, as detailed in the Data Protection Act 1998.
Specifically, the Principles require that personal information:
- Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
- 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,
- Shall be adequate, relevant and not excessive in relation to those purpose(s)
- Shall be accurate and, where necessary, kept up to date,
- Shall not be kept for longer than is necessary
- Shall be processed in accordance with the rights of data subjects under the Act,
- 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,
- 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.
Velvet PR Ltd 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:
- The right to be informed that processing is being undertaken
- The right of access to one’s personal information
- The right to prevent processing in certain circumstances and
- 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
- Data collection
Informed consent is when
- A client, member of staff, other stakeholder 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.
Velvet PR Ltd 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, Velvet Ltd will ensure that the client, member of staff, or other stakeholder:
- Clearly understands why the information is needed
- Understands what it will be used for and what the consequences are should the client, member of staff, or other stakeholder decide not to give consent to processing
- As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
- Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
- Has received sufficient information on why their data is needed and how it will be used through the dissemination of privacy statements
- Data Storage
Information and records relating to clients, members of staff and other stakeholders will be stored securely and will only be accessible to authorised staff.
Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.
It is Velvet PR Ltd’s 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
Clients, members of staff and other stakeholders have the right to access the information Velvet PR Ltd holds about them. Velvet PR Ltd will also take reasonable steps to ensure that this information is kept up to date by asking data subjects whether there have been any changes.
In addition, Velvet PR Ltd 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 the ways it holds, 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 Velvet PR Ltd Data Protection Officer:
Review Date: May 2019
Glossary of Terms
Data Controller – The person who (either alone or with others) decides what personal information Velvet 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 Velvet 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 Velvet 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 Velvet, 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
- Political affiliations
- Religion or similar beliefs
- Trade union membership
- Physical or mental health
- Criminal record or proceedings