This policy applies to:
- All employees of Trad Music Trust (Please note: reference throughout this policy to 'employees' applies equally to paid and unpaid members of staff, board members or anyone else who may be carrying out duties on behalf of the organisation)
- All contractors, suppliers and individuals working on behalf of Trad Music Trust
It applies to all data that Trad Music Trust holds relating to identifiable individuals, even if that information technically falls outside of the General Data Protection Regulations. This can include:
- Names of individuals
- Postal addresses
- Email addresses
- Telephone numbers
- Racial or ethnic origin
- Political opinions
- Trade union membership
- Health data
- Sex life or sexual orientation
- Past or spent criminal convictions
- Any other information relating to individuals
The GDPR extends the definition of personal data (from the Data Protection Act 1998) to include:
- Genetic data
- Biometric data
- Location data
- Online identifiers
Trad Music Trust needs to gather and use certain data about individuals. This policy applies to all projects operated under the auspices of Trad Music Trust. The data can be relating to artists, audience, customers, suppliers, business contacts, employees, funders, and any other people the organisation has a relationship with or may need to contact. This policy describes how this personal data must be collected, handled and stored to meet the Trad Music Trust’s data protection standards and to comply with the law.
This ensures that Trad Music Trust:
- Protects the rights of staff, patrons, volunteers, user groups, partners etc.
- Is open about how it stores and processes personal data
- Complies with the latest data protection law and good practice guidelines
- Protects itself from the risks of a data breach
General Data Protection Regulations (GDPR)
GDPR describes how all organisations must collect, handle and store information. These rules apply regardless of how that data is stored i.e. electronically, on paper or on other materials.
To comply with the law, personal information must be gathered in a certain way and used fairly, stored safely and not disclosed unlawfully.
The GDPR is underpinned by eight important principles. These say that personal data must:
- Be processed fairly and lawfully
- Be obtained only for specific, lawful purposes and only for the manner in which it was intended to be used
- Be adequate, relevant and not excessive
- Be accurate and kept up to date
- Not be held for any longer than its intended purpose
- Processed in accordance with the rights of the people the data is about
- Be protected by technical and organisational security measures
- Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection
Data Protection Risks
This policy helps to protect Trad Music Trust from data security risks, including:
- Breaches of confidentiality e.g. information being given out inadvertently or inappropriately
- Failing to offer choice e.g. all individuals should be free to choose how Trad Music Trust uses their data
- Reputational damage e.g. Trad Music Trust could suffer if access to sensitive data was hacked or gained illegally
Everyone who works (including volunteers) for or with Trad Music Trust has some responsibility for ensuring data is collected, stored and handled appropriately. Each person or project that handles personal data must ensure that it is collected, handled and processed entirely in line with this policy and data protection principles. These people have specific areas of responsibility:
- Trad Music Trust's Board of Trustees is ultimately responsible for ensuring that the organisation as a whole meets its legal obligations.
- The Project Co-ordinator (Data Protection Officer) is responsible for:
- Keeping the board updated about data protection responsibilities, risks and issues
- Reviewing all data protection procedures and related policies in line with an agreed schedule
- Ensuring an audit of data collection and processing is carried out annually (Privacy Impact Assessment)
- Arranging data protection training and advice for the people covered by this policy
- Handling data protection questions from staff and anyone else covered by this policy
- Dealing with requests from individuals to see the data Trad Music Trust holds about them (Subject Access Request)
- Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
- Maintaining a record of what personal data Trad Music Trust holds
- Ensuring all IT systems, services and equipment used for storing data meet acceptable security standards
- Performing/instructing regular checks and scans to ensure security hardware and software is functioning properly
- Evaluating any third-party services Trad Music Trust is considering using to store or process data, including cloud services
- Approving any data protection statements attached to communications such as emails and letters
- Addressing any data protection queries from journalists or media outlets
- Working with other staff to ensure marketing initiatives abide by data protection principles
The only people able to access data covered by this policy should be those who need it for their work. Data should not be shared informally – when access to confidential information is required, employees can request from their line managers.
Trad Music Trust will provide training to all employees to help them understand their responsibilities when handling data. Employees should keep all data secure by taking sensible precautions and following the guidelines below:
- Strong passwords must be used and never shared
- Personal data should not be disclosed to unauthorised people either with the company or externally
- Data should be regularly reviewed and updated if it is found to be out of date and, if no longer required, should be disposed of
- Employees should request help from their line manager if they are unsure about any aspect of data protection
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the Project Co-ordinator. When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
- When not required, the paper or files should be kept in a locked cupboard or filing cabinet
- Employees should make sure paper and printouts are not left where unauthorised people could see them
- Data printouts should be shredded and disposed of securely when no longer required
When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
- Data should be protected by strong passwords that are changed regularly and never shared
- If data is stored on removable media, these should be kept locked away securely when not being used
- Data should only be stored on designated drives and servers, and should only be uploaded to a cloud computing service if this has been fully vetted and approved
- Servers containing personal data should be protected by a strong password
- Data should be backed up frequently, with backups tested regularly
- All servers and computers containing data should be protected by an approved security software and a firewall
Use of Data
Personal data is of no value to Trad MUsic Trust unless we can utilise it for the intended purposes, however this is when it is at greatest risk of loss, corruption or theft:
- When working with any personal data, all employees should ensure the screens of their computers are always blank and locked when left unattended
- Personal data should not be shared informally, and never sent by email as this form of communication is not secure
- Data must be encrypted before being transferred electronically
- Personal data should never be transferred outside of the European Economic Area
- Employees should not save copies of personal data to their own computers but always access and update the central copy of any data
- Data breaches are to be reported to the Information Commissioner’s Office (ICO) within 72 hours of discovery
The more important it is that the personal data is accurate, the greater the effort Trad Music Trust should put into ensuring its accuracy. It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
- Data will be held in as few places as necessary, staff should not create any additional unnecessary sets.
- Staff responsible for each project should ensure that one definitive contact list is maintained for that project.
- Staff should take every opportunity to ensure data is updated, all obsolete lists should be deleted/destroyed securely.
- Trad Music Trust will make it easy for data subjects to update the information Trad Music Trust holds about them.
- Data should be updated as soon as any inaccuracies are discovered, and removed if relevant.
- It is the Project Co-ordinator’s responsibility to ensure the marketing databases are checked every six months.
Rights of Individuals
In relation to the data we hold about them, individuals retain rights to:
- Be informed about what we are doing with data
- Access their data
- Correct or modify their data if necessary
- Erase their data (“right to be forgotten”)
- Restrict processing
- Data portability (right to download their data and upload it to a different service provider)
- Object to our use of their data
- Please note that users may withdraw their consent at any time and do not have to give a reason.
Subject Access Requests
If an individual contacts us requesting their data information, this is called a Subject Access Request (SAR). An SAR from individuals should be made by email or letter, addressed to the Project Co-ordinator.
The relevant data will be provided within one month. The Project Co-ordinator will always verify the identity of anyone making a subject access request before handing over any information. All individuals who are the subject of personal data held by Trad Music Trust are entitled to:
- Confirmation that we are processing their data
- A copy of the personal data we hold on them
- Any other information we have in our possession about the data subject, such as details of the data we have passed to third parties
Other Reasons for Disclosing Data
In certain circumstances, the General Data Protection Regulation allows personal data to be disclosed to law enforcement agencies with the prior consent of the data subject. Under these circumstances Trad Music Trust will disclose requested data. However, the Project Co-ordinator will ensure the request is legitimate, seeking assistance from the Board and from Trad Music Trust’s legal advisers if necessary.
Trad Music Trust aims to ensure that individuals are aware that their data is being processed and that they understand how the data is being used and how to exercise their rights including their right to be forgotten.
We are committed to reviewing our policy and good practice annually.
This policy was last reviewed on 8th August 2018.
Next review due by 8th August 2019.