DATA PROTECTION POLICY.

Data Protection Policy: Revised on: October 2021, October 2023. Updated July 2024

INTRODUCTION

During the course of our work we may have to collect information about our service users. We know that this personal information must be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means.

We regard the lawful and correct treatment of personal information as of the utmost importance and a key element to delivering successful services and maintaining confidence between us and those who access or deliver our services. Therefore, we will ensure that we treat personal information lawfully and correctly. To this end we fully endorse and adhere to the principles of the General Data Protection Regulation (GDPR).

This policy applies to the processing of personal data in manual and electronic records kept by us in connection with our work. It also covers our response to any data breach and other rights under the GDPR.

This policy applies to the personal data of our service user engaged with the counselling hub wales services only. These are referred to in this policy as relevant individuals.

 DEFINITIONS

“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.

“Special categories of personal data” is data which relates to an individual’s health, sexual orientation, race, ethnic origin, religion, age, gender identity etc.

“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

a)    processing will be fair, lawful and transparent

b)    data be collected for specific, explicit, and legitimate purposes

c) data collected will be adequate, relevant and limited to what is necessary for the purposes of processing                                                                                                                                   

d)    data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay

e)    data is not kept for longer than is necessary for its given purpose

f)     data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures

g)    we will comply with the relevant GDPR procedures for international transferring of personal data

TYPES OF DATA HELD

We keep several categories of personal data on our service users in order to carry out effective and efficient processes. For clients we keep this data in a individualised record on our data management system.

Specifically, we hold the following types of data for services users:

·     Personal details such as name, address, phone numbers, email and if it is safe to contact you

·     Details of who to contact in the case of an emergency

·     Your gender, relationship status, information of any special needs or disabilities that you may have e.g. language, physical disabilities, learning difficulties, mental health concerns etc.

·     Your GP contact details and information relating to any medication that you are taking

·     Information on your age, race, sexual orientation and religion (this is collated for equality monitoring purposes)

·     Details of your case history / incident, whether it was reported, when and to whom.

·     Child protection or Protection of Vulnerable Adults (POVA) issues

·     Counselling / client notes

All of the above information is required for our processing activities. More information on those processing activities.

YOUR RIGHTS

You have certain rights regarding your personal data under GDPR:

·       The right to be informed

·       The right of access

·       The right to rectify information

·       The right to erase information / to be forgotten

·       The right to restrict processing

·       The right to data portability

·       The right to object

·       The rights in relation to automated decision making / profiling

More information can be found on each of these rights on the ICO website: https://ico.org.uk

RESPONSIBILITIES

In order to protect the personal data of our service users, those within our business who must process data as part of their role have been made aware of our policies on data protection. We have also appointed employees with responsibility for reviewing and auditing our data protection systems.

LAWFUL BASES OF PROCESSING

We acknowledge that processing may be only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity.

Where no other lawful basis applies, we may seek to ask for the consent of our clients in order to process data.

However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis where appropriate. Service users will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.

ACCESS TO DATA

As stated above, service users have a right to access the personal data that we hold on them. To exercise this right, individuals should make a Subject Access Request. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit.

No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the individual making the request. In these circumstances, a reasonable charge will be applied.

Further information on making a subject access request is contained in our Subject Access Request policy.

DATA DISCLOSURES

The Counselling Hub Wales may be required to disclose certain information to another person(s). The circumstances leading to such disclosures include:

·       Where the service user gives his or her consent for information to be shared;

·       Where Counselling Hub Wales is ordered to do so by a Court of Law;

·       Where a child or young person under 18 is at risk;

·       Where you or someone else are at risk of serious harm

·       Where there is a threat of terrorism or trafficking or a serious crime;

These kinds of disclosures will only be made when strictly necessary for the purposes stated above.

DATA SECURITY

All our counsellors and adminstrators are aware that hard copy service users information should be kept in a locked filing cabinet, drawer, or safe. Most information in nature and is electronic and is uploaded onto our secure data management system.

All staff are aware of their roles and responsibilities when their role involves the processing of data.  All employees are instructed to store files or written information of a confidential nature in a secure manner so that are only accessed by people who have a need and a right to access them and to ensure that screen locks are implemented on all PCs, laptops etc when unattended. No files or written information of a confidential nature are to be left where they can be read by unauthorised people.

Where data is computerised, it is password protected both on a local hard drive and on a network drive that is regularly backed up.

Employees always use the passwords provided to access the computer system and do not abuse them by passing them on to people who should not have them.

Personal data relating to service users, employees and volunteers will not be kept or transported on laptops, USB sticks, or similar devices, unless prior authorisation has been received. Where personal data is recorded on any such device it should be protected by:

a)    ensuring that data is recorded on such devices only where absolutely necessary.

b)    ensuring that laptops or USB drives are not left where they can be stolen.

Failure to follow our rules on data security may be dealt with via the Counselling Hub Wales disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.

THIRD PARTY PROCESSING

Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Company’s commitment to protecting data.

INTERNATIONAL DATA TRANSFERS

Counselling Hub Wales does not transfer personal data to any recipients outside of the EEA.

REQUIREMENT TO NOTIFY BREACHES

All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.

TRAINING

All new employees must read and understand the policies on data protection as part of their induction.

All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.

The nominated data controllers for Counselling Hub Wales are trained appropriately in their roles under the GDPR.

All employees who need to use the computer system are trained to protect individuals’ private data, to ensure data security, and to understand the consequences to them as individuals and Counselling Hub Wales of any potential lapses and breaches of the organisation’s policies and procedures.

RECORDS

Counselling Hub Wales keeps records of its processing activities including the purpose for the processing and retention periods. These records will be kept up to date so that they reflect current processing activities.

DATA PROTECTION COMPLIANCE

Our appointed compliance officer in respect of our data protection activities is: Donna Day and Hayley Gait

Correspondence to: hello@counsellinghubwales.co.uk