BALLYMENA BUSINESS IMPROVEMENT DISTRICT (BID)
POLICY IN REGARD TO THE DATA PROTECTION ACT
Ballymena Business Improvement District needs to collect and use certain types of information about the Individuals or Service Users who come into contact with Ballymena Business Improvement District in order to carry on our work. This personal information will be collected and dealt with appropriately whether it is collected on paper, stored in a computer database, or recorded on other material and there are safeguards to ensure this under the Data Protection Act 1998.
Ballymena Business Improvement District is the Data Controllers and the BID Manager acts as the Data Processor.
As Data Controllers, the Management Committee determines what purposes personal information held, will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.
Ballymena Business Improvement District as Policy do not share any information held by the organisation with outside bodies unless there is a legal obligation to do so. This would include the following;
- Carrying out a legal duty or as authorised by the Secretary of State
- Protecting vital interests of a Individual/Service User or other person
- The Individual/Service User has already made the information public
- Conducting any legal proceedings, obtaining legal advice or defending any legal rights.
Ballymena Business Improvement District regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal.
Ballymena Business Improvement District intends to ensure that personal information is treated lawfully and correctly.
To this end, Ballymena Business Improvement District will adhere 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.
Ballymena Business Improvement District 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.
In this respect Ballymena Business Improvement District will respond to any request by first acknowledging the request within one week of receipt and will refer the matter to the Management Committee immediately. A full response to the request will be made within 21 days.
Informed consent is when
- An Individual/Service User 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.
Ballymena Business Improvement District 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, Ballymena Business Improvement District will ensure that the Individual/Service User:
- Clearly understands why the information is needed
- Understands what it will be used for and what the consequences are should the Individual/Service User 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
In order to comply with this, a paragraph has been added to the application form as follows:
“Ballymena Business Improvement District will require to hold your company details on a database for the purpose of invoicing and processing payments. No personal data will be held on the data base, however a copy of the application form will be retained securely in the Ballymena Business Improvement District office by the Data Processor Officer. Ballymena Business Improvement District policy clearly states that we do not share any personal data to any outside body or organisation. I agree to Ballymena Business Improvement District retaining data as described above by signing the application form.”
5. Data Storage
Information and records relating to service users 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 Ballymena Business Improvement District’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 and to this extent any hard-drives will be destroyed.
6. Data access and accuracy
All Individuals/Service Users have the right to access the information that Ballymena Business Improvement District holds about them. Ballymena Business Improvement District 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, Ballymena Business Improvement District 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 and audit the ways it holds, manages and uses 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.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues ( www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
So that we’re clear and there’s no misunderstanding about how we handle your personal data, we will:
- Always keep your data safe and private.
- Never sell your data.
- Allow you to manage and review your marketing choices at any time.
In case of any queries or questions in relation to this policy please contact the Ballymena Business Improvement District Manager who performs the duty of Data Protection Officer:
51-53 Church Street
APPENDIX 1. DATA SECURITY ARRANGEMENTS
APPENDIX 2. INFORMATION INVENTORY.
Data Security Arrangements.
1. Computer held data.
Ballymena Business Improvement District has a single computer which is fully password protected. The password is known only to the Development Manager. In the case of an emergency the Ballymena Business Improvement District manager can access the password which is kept in an envelope in a secure place known to the manager.
2. Manual data.
All paper based data is kept in the Ballymena Business Improvement District office in a locked filing cabinet. The office is secured when the BID Manager is not present and no other person in the building has access to the Ballymena Business Improvement District Office.
3. Mobile Phone
The Ballymena Business Improvement District Manager is issued with a mobile phone and contains only contact names. There are no emails stored or accessed on the mobile phone.
The mobile phone is password protected.
Inventory Of Data Held By Ballymena Business Improvement District
1. Computer stored data