1. Introduction and aim
ICYE UK is committed to processing data in accordance with its responsibilities under the GDPR (General Data Protection Regulation).
2. Data protection principles
Article 5 of the UK GDPR requires that personal data shall be:
- Processed lawfully, fairly and in a transparent manner in relation to individuals;
- 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;
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- 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;
- 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
- 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.”
3. General provisions
- This policy applies to all personal data processed by ICYE UK.
- The Chair as Responsible Person shall take responsibility for ICYE UK’s ongoing compliance with this policy by ensuring that data is kept secure and is held for no longer than 6 years.
- The responsible person shall ensure that the data held by ICYE-UK to maintain contact with Alumni is held for a period of no longer than 6 years. A renewal of consent will be sought at the time when, upon which ICYE-UK will retain this data for a further 6 years. This data will be retained unless a consent to retain this is withdrawn at any point.
- This policy shall be reviewed at least annually in order to ensure ICYE UK remains compliant.
- ICYE UK shall register with the Information Commissioner’s Office as an organisation that processes personal data.
- All data shared within the ICYE federation will be done so only with the consent of the individual. Whilst data protection regulations from an individual’s country are in existence, once any data transfer has taken place from an ICYE federation organisation to ICYE-UK this data will be governed by UK GDPR. Therefore a privacy notice will be issued, in this case, within one month of the receipt of this data.
- Data received from EU individuals will remain covered under the UK GDPR at least until 27 June 2025, when the current agreement between the UK government and the EEA will be reviewed or until the EU deems that UK GDPR does not have ‘adequacy’ (see ICO – https://ico.org.uk/for-organisations/dp-at-the-end-of-the-transition-period/overview-data-protection-and-the-eu/ ). At this point ICYE will review legislation and act accordingly. This decision is to be reviewed in June 2025.
4. Lawful, fair and transparent processing
- To ensure its processing of data is lawful, fair and transparent, ICYE UK shall maintain a clear and accessible Register of Systems.
- The Register of Systems shall be reviewed at least annually to ensure that data held is compliant with GDPR regulations and will not hold data for longer than a period of six years.
- Individuals have the right to access their personal data at any time and any such requests made to the charity shall be dealt with in a timely manner. ICYE UK commits to respond to requests within one week during usual office hours.
5. Lawful purposes
- All data processed by ICYE UK must be done on one of the following lawful bases:
- legal obligation,
- vital interests,
- public task or
- legitimate interests (see ICO guidance for more information https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/ ).
- ICYE UK shall note the appropriate lawful basis for holding data in the Register of Systems.
- Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data and ICYE UK will ensure that consent is given for data to be shared with country offices.
- When communications are sent to individuals based on their consent, the option for the individual to withdraw their consent will be clearly available and systems will be in place to ensure such withdrawal is reflected accurately in ICYE UK’s systems.
6. Data minimisation
- ICYE UK shall ensure that personal data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- When collecting data to be shared with other country offices who will not be GDPR compliant, ICYE UK will ensure that any personal data is stored securely and not shared outside of the organisation except where relevant i.e. to potential hosting projects within that country.
- ICYE UK shall take reasonable steps to ensure personal data is accurate by verifying data on register a minimum of every 3 years.
- Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
8. Archiving / removal
- To ensure that personal data is kept for no longer than necessary, ICYE UK shall put in place a clear archiving process for each area in which personal data is processed and review this data annually to ensure data held is within the six-year maximum.
- ICYE UK shall ensure that personal data is stored securely using software that is kept-up-to-date and password protected.
- Access to personal data shall be limited to persons who need access and appropriate security will be in place to avoid unauthorised sharing of information, staff will not share information with third party organisations unless having prior consent from individuals.
- The only instance where the sharing of information can take place, without consent from the individual, is when required to do so under immigration exemption detailed in Schedule 2 Part 1 Paragraph 4 of the Data Protection Act 2018. This may only occur in a case where a ‘right to remain’ may have come to an end and the responsible person is obliged to share the information with the Home Office.
- When personal data is deleted or destroyed this should be done safely such that the data is irrecoverable.
- Appropriate back-up and recovery solutions shall be in place and all data held on software will be backed up on password protected external devices in the event of software failure.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, ICYE UK shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/personal-data-breaches/ ).
11. International Transfers
Due to the nature of ICYE-UK being part of an international federation of non-profit organisations, it is required that international transfer of personal data takes place.
- In this regard it is recognised that ICYE-UK is making ‘restricted transfer’, as defined by the ICO.
- ICYE-UK recognises that restricted transfers are fundamental to the work of the organisation.
- ICYE-UK’s partner organisations countries are mostly recognised as being covered by ‘adequacy regulations’ within UK law however some do not yet have this agreement in place.
- Where this is the case ICYE-UK have assessed the risk for this this data transfer to take palace as follows
- All restricted transfers of data will be sent digitally through secure email connections or via established software connections currently being jointly used by ICYE-UK and the relevant partner.
- Email addresses recognised as being ‘hosted’ or official contacts by/of a partner organisation will be used for ’restricted transfer’
- All partner organisations adhere to the ICYE international federation’s data privacy statement found here https://www.icye.org/data-privacy/
- All ‘restricted transfers’ to partner organisations within, and covered by, the EU will need to be reviewed on or before 21st March 2024 when a new International Data Transfer Agreement (IDTA) may need to be in place or current partnership agreements may need to be reviewed or established.
- Please refer to https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers/#how for further information.
12. Cloud Storage
Please refer to the following document: https://ico.org.uk/media/for-organisations/documents/1540/cloud_computing_guidance_for_organisations.pdf and specifically page 18 for details on international data storage. ICYE currently complies with this guidance however will again need to review this in relation to changes to UK GDPR law and its separation from EU law.
< 82. The computing resources managed by a cloud provider may be located outside the UK. A large cloud provider may have a number of data centres, each of which could be located in a different country. This distributed architecture can improve reliability of the cloud service but also means that it can be difficult to know where data is being processed.
83. The [Data Protections Act 1998] DPA requires that personal data “shall not be transferred to any country or territory outside the European Economic Area (EEA) unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.”
84. Cloud customers should ask a potential cloud provider for a list of countries where data is likely to be processed and for information relating to the safeguards in place there. The cloud provider should be able to explain when data will be transferred to these locations.
85. In the case of layered cloud services, information relating to the location of each sub-processor involved in the processing of the data should also be available from the cloud provider, with details of the security arrangements in place. >>