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Appropriate Policy Document

When processing personal data, we will comply with the requirements of the EU General Data Protection Regulation (2016/679 (EU GDPR), the Data Protection Act 2018 (DPA) and any associated legislation.

This Appropriate Policy Document will cover all processing of special category personal data carried out by Cheshire West and Chester Council for which all of the following conditions are met:

  • we (data controller) are processing personal data which is the subject of Articles 9 or 10 of EU GDPR.
  • we (data controller) are processing this personal data in reliance of a condition listed in Parts 1, 2 or 3 of Schedule 1 of the DPA.
  • the condition listed in Parts 1, 2 or 3 of Schedule 1 includes a requirement for the data controller to have an Appropriate Policy Document.

Schedule 1 Part 4  of the Data Protection Act 2018 provides additional safeguards that must be implemented when processing information relating to the following types of data:

Part 1 – Conditions relating to employment, social security and social protection.

  • Processing personal data concerning health in connection with our rights under employment law.
  • Processing data relating to criminal convictions under Article 10 EU GDPR in connection with our rights under employment law in connection with recruitment, discipline or dismissal.

Part 2 – Substantial Public Interest Conditions

Statutory etc. and government purposes

  • Fulfilling the Council’s obligations under UK legislation for the provision of services to residents within the borough of Cheshire West and Chester.  
  • Complying with other legal requirements, such as the requirement to disclose information in connection with legal proceedings.

Equality of opportunity or treatment

  • Ensuring compliance with the Council’s obligations under legislation such as the Equality Act 2010.
  • Ensuring that we fulfil our public sector equality duty when carrying out our work.
  • Ensuring we provide equal access to our services, to all sections of the community in recognition of our legal and ethical duty to represent and serve communities.

Preventing or detecting unlawful acts

  • Processing data concerning criminal records in connection with employment in order to reduce the risk to the Council and the community.
  • Carrying out enforcement action in connection with the Council’s statutory duties.

Protecting the public against dishonesty etc.

  • Processing data concerning dishonesty, malpractice or other improper conduct in order to  protect the local community.
  • Carrying out enforcement action in connection with the Council’s statutory duties.
  • Carrying out investigations and disciplinary actions relating to our employees.

Regulatory requirements relating to unlawful acts and dishonesty etc.

  • Complying with the Council’s enforcement obligations under UK legislation.
  • Assisting other authorities in connection with their regulatory requirements.

Preventing fraud

  • Disclosing personal data in accordance with arrangements made by an anti-fraud organisation.

Support for individuals with a particular disability or medical condition

  • To provide services or raise awareness of a disability or medical condition in order to deliver services to service users and their carers.

Counselling

  • For the provision of confidential counselling, advice or support or of another similar service provided confidentially.

Safeguarding of children and individuals at risk

  • Protecting vulnerable children and young people from neglect, physical, mental or emotional harm.
  • Identifying individuals at risk while attending emergency incidents.
  • Obtaining further support for children and individuals at risk by sharing information with relevant agencies.

Safeguarding of economic well-being of certain individuals

  • To protect the economic wellbeing of an individual at economic risk who is aged 18 or over.
  • Identifying individuals at risk while attending emergency incidents.
  • Data sharing with our partners to assist them to support individuals.

Insurance

  • Information that is necessary for insurance purposes

Occupational pensions

  • Fulfilling the Council’s obligation to provide an occupational pension scheme.
  • Determining benefits payable to dependents of pension scheme members.

Disclosure to elected representatives

  • Assisting elected representatives such as local government Councillors and Members of Parliament with requests for assistance on behalf of their constituents.

Part 3 – Additional Conditions Relating to Criminal Convictions, etc.

  • Extension of conditions in Part 2 of Schedule 1 referring to substantial public interest.

The Authority may process personal data relating to criminal convictions in connection with its service obligations or as part of recruitment and employment checks to protect the public against dishonesty.

Procedures for securing compliance within Article 5 of the General Data Protection Regulation and Data Protection Act 2018

Article 5 of the GDPR states that personal data shall be:

  • processed lawfully, fairly and transparently
  • collected for specific and legitimate purposes and processed in accordance with those purposes
  • adequate, relevant and limited to what is necessary for the stated purposes
  • accurate and, where necessary, kept up-to-date
  • retained for no longer than necessary, and
  • kept secure

In addition, Article 5 requires that the data controller shall be responsible for, and able to demonstrate compliance with, these principles (the accountability principle).

Our Data Protection Policy sets out requirements for the data protection principles to be complied with when processing personal data. Our Data Protection Officer ensures that the data protection principles are applied and that we can be held accountable for the personal data it processes.

When processing special category data, the following procedures are used to ensure compliance with the data protection principles:

Principle a - lawful, fair and transparent

Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.

We will:

  • ensure that personal data is only processed where a lawful basis applies
  • will ensure that data subjects are not misled about the purposes of any processing
  • ensure that data subjects receive details on why we use and collect their data by providing privacy notices for all services

Principle b - collected for specific and legitimate purposes

Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

  • only collect personal data for specified, explicit and legitimate purposes, and we will inform data subjects what those purposes are in a privacy notice
  • not use personal data for purposes that are incompatible with the purposes for which it was collected. If we do use personal data for a new purpose that is compatible, we will inform the data subject first

Principle c - adequate, relevant and limited to what is necessary

Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

We will only collect the minimum personal data that we need for the purpose for which it is collected. We will ensure that the data we collect is adequate and relevant.

Principle d - accurate and, where necessary, kept up-to-date

Personal data shall be accurate and, where necessary, kept up to date.

We will ensure that personal data is accurate, and kept up to date where necessary. We will take particular care to do this where our use of the personal data has a significant impact on individuals.

Principle e - retained for no longer than necessary

Personal data shall be 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.

We will only keep personal data in identifiable form as long as is necessary for the purposes for which it is collected, or where we have a legal obligation to do so. Once we no longer need personal data it shall be deleted or rendered permanently anonymous.

  • Retention periods are set out in our Retention and Disposal Schedules and are published in our Records of Processing Activities Register and Privacy Notices
  • Retention periods are based on legal requirements to retain data and consideration of the needs of data subjects through data protection impact assessments.

Principle f – keep secure

Personal data shall be 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.

We will ensure that there appropriate organisational and technical measures in place to protect personal data.

  • We adhere to the Government’s Minimum Cyber Security Standards and implements information security controls in line with Public Sector Network, Payment Card Industry and Data Security Protection Toolkit
  • Our Information Governance Strategy Group meets regularly to ensure suitable information security governance is deployed throughout the Council.
  • Employees working with or accessing data on vulnerable clients are required to undertake a Disclosure and Barring Service (DBS) check, and employees looking after our IT network are vetted in line with HMG Baseline Personnel Security Standard.
  • Technical security controls such as encryption are employed to secure sensitive information within systems.
  • Role-based access controls are implemented to restrict access to sensitive data.
  • Where possible, anonymisation or pseudonymisation are used to reduce the risk of sensitive data being compromised.

Accountability principle

In order to demonstrate compliance with the Accountability Principle, We have implemented the following measures:

  • We keep a record of all our personal data processing activities
  • We carry out a Data Protection Impact Assessments
  • We have appointed a Data Protection Officer
  • We have in place internal processes to ensure that personal data is only collected, used or handled in a way that is compliant with data protection law
  • All employees receive annual data protection and information security training
  • We undertake regular data protection audits
  • We maintain logs of security incidents, data protection rights requests and details on information sharing with partners

Retention and destruction of personal data

Personal data is held and disposed of in line with Cheshire West and Chester Council’s Record Retention and Disposal Schedules. When disposing of information, we make sue this is carried out securely by using physical destruction methods as well as electronic data deletion.

Our Record of Processing Activities register contains details of the retention periods for the

Our data processing activities, together with information on the lawful basis for processing this data. If information is not retained or deleted in line with the policy then the reason is recorded in the Record of Processing Activities.

Responsibility for the processing of special category and criminal data

All employees are required to comply with our Information Governance Policies when processing personal data and to ensure that any processing of the personal data is carried out legally, fairly and transparently. Data Guardians are responsible for ensuring that systems and processes under their control comply with current data protection legislation and that personal data is processed in accordance with the data protection principles

Further information

For further information about our compliance with data protection law, please contact the Data Protection and Compliance Team by:

When processing personal data, Cheshire West and Chester Council will comply with the requirements of the EU General Data Protection Regulation (2016/679 (EU GDPR), the Data Protection Act 2018 (DPA) and any associated legislation.

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