1.1. The PastelGuild of Europe rf PGE is the Data Controller for the purposes of the
EU General Data Protection Regulation GDPR.
1.2. The PGE collects and uses certain types of personal information about the following categories of individuals:
1.2.2. Service Users
and other individuals who come into contact with PGE.
1.3. PGE will process this personal information in the following ways:
1.3.1. providing you with the information or services you have asked for
1.3.2. sending you communications with your consent that may be of interest
including information about our services and activities
1.3.3. seeking your views on the services or activities we carry on so that we
can make improvements
1.3.4. maintaining our organisational records and ensuring we know how you
prefer to be contacted
1.3.4. analysing the operation of our website and analysing your website
behaviour to improve the website and its usefulness
1.3.5. to comply with statutory and other legal obligations relating to
1.4. This policy is intended to ensure that personal information is dealt with
properly and securely and in accordance with the EU General Data Protection
Regulation GDPR and other related legislation. It will apply to
information regardless of the way it is used or recorded and applies for as
long as the information is held.
1.5. GDPR applies to all computerised data and manual files if they
come within the definition of a filing system. Broadly speaking, a filing
system is one where the data is structured in some way that it is searchable
on the basis of specific criteria (so you would be able to use something like
the individual’s name to find their information), and if this is the case, it does
not matter whether the information is located in a different physical location.
1.6. This policy will be updated as necessary to reflect best practice, or
amendments made to the GDPR, and shall be reviewed every 2 years.
2. PERSONAL DATA
2.1. ‘Personal data’ is information that identifies an individual, and includes
information that would identify an individual to the person to whom it is
disclosed because of any special knowledge that they have or can obtain. A
sub-set of personal data is known as ‘special category personal data’. This
special category data is information that relates to:
2.1.1. race or ethnic origin;
2.1.2. political opinions;
2.1.3. religious or philosophical beliefs;
2.1.4. trade union membership;
2.1.5. physical or mental health;
2.1.6. an individual’s sex life or sexual orientation;
2.1.7. genetic or biometric data for the purpose of uniquely identifying a
2.2. Special Category information is given special protection, and additional
safeguards apply if this information is to be collected and used.
2.3. Information relating to criminal convictions shall only be held and
processed where there is legal authority to do so.
3. THE DATA PROTECTION PRINCIPLES
3.1. The six data protection principles as laid down in the GDPR are
followed at all times:
3.1.1. personal data shall be processed fairly, lawfully and in a transparent
manner, and processing shall not be lawful unless one of the processing
conditions can be met;
3.1.2. personal data shall be collected for specific, explicit, and legitimate
purposes, and shall not be further processed in a manner incompatible with
3.1.3. personal data shall be adequate, relevant, and limited to what is
necessary for the purpose(s) for which it is being processed;
3.1.4. personal data shall be accurate and, where necessary, kept up to date;
3.1.5. personal data processed for any purpose(s) shall not be kept for longer
than is necessary for that purpose/those purposes;
3.1.6. personal data shall be processed in such a way that ensures
appropriate security of the data, including protection against unauthorised or
unlawful processing and against accidental loss, destruction, or damage,
using appropriate technical or organisational measures.
3.2. In addition to this, PGE is committed to ensuring that at all times,
anyone dealing with personal data shall be mindful of the individual’s rights
under the law (as explained in more detail in paragraphs 7 and 8 below).
3.3. PGE is committed to complying with the principles in 3.1 at all
times. This means that PGE will:
3.3.1. inform individuals as to the purpose of collecting any information from
them, as and when we ask for it;
3.3.2. be responsible for checking the quality and accuracy of the information;
3.3.3. regularly review the records held to ensure that information is not held
longer than is necessary, and that it has been held in accordance with the
Records Retention Policy;
3.3.4. ensure that when information is authorised for disposal it is done
3.3.5. ensure appropriate security measures to safeguard personal
information whether it is held in paper files or on our computer system, and
follow the relevant security policy requirements at all times;
3.3.6. share personal information with others only when it is necessary and
legally appropriate to do so;
3.3.7. set out clear procedures for responding to requests for access to
personal information known as subject access requests;
3.3.8. report any breaches of the GDPR in accordance with the procedure in
paragraph 9 below.
4. CONDITIONS FOR PROCESSING IN THE FIRST DATA PROTECTION
4.1. The individual has given consent that is specific to the particular type of
processing activity, and that consent is informed, unambiguous and freely
4.2. The processing is necessary for the performance of a contract, to
which the individual is a party, or is necessary for the purpose of taking steps
with regard to entering into a contract with the individual, at their request;
4.3. The processing is necessary for the performance of a legal obligation
to which we are subject;
4.4. The processing is necessary to protect the vital interests of the
individual or another;
4.5. The processing is necessary for the performance of a task carried out
in the public interest, or in the exercise of official authority vested in us;
4.6. The processing is necessary for a legitimate interest of the PGE or
that of a third party, except where this interest is overridden by the rights and
freedoms of the individual concerned. More details of this are given in the
Privacy Notice [or state where this information can be found if relevant].
5. DISCLOSURE OF PERSONAL DATA
5.1. The following list includes the most usual reasons that PGE will
authorise disclosure of personal data to a third party:
5.1.1. for the prevention or detection of crime;
5.1.2. where it is necessary to exercise a right or obligation conferred or
imposed by law upon us (other than an obligation imposed by contract)
5.1.3. for the purpose of, or in connection with, legal proceedings (including
prospective legal proceedings);
5.1.4. for the purpose of obtaining legal advice;
5.1.5. for research, historical and statistical purposes (so long as this neither
supports decisions in relation to individuals, nor causes substantial damage
5.2. PGE may receive requests from third parties (i.e. those other
than the data subject, the PGE, and its employees) to disclose personal
data it holds about individuals. This information will not generally be disclosed
unless one of the specific exemptions under the GDPR which allow
disclosure applies, or where disclosure is necessary for the legitimate
interests of the third party concerned or the PGE.
5.3. All requests for the disclosure of personal data must be sent to
PGE who will review and decide whether to make the disclosure, ensuring
that reasonable steps are taken to verify the identity of the requesting third
party before making any disclosure.
6. SECURITY OF PERSONAL DATA
6.1. PGE will take reasonable steps to ensure that members of the board
and volunteers will only have access to personal data where it is necessary
for them to carry out their duties. All board members and volunteers will be made aware
of this Policy and their duties under the GDPR. PGE will take all
reasonable steps to ensure that all personal information is held securely and
is not accessible to unauthorised persons.
6.2. For further details as regards security of IT systems, please refer to the
7. SUBJECT ACCESS REQUESTS
7.1. Anybody who makes a request to see any personal information held
about them by PGE is making a subject access request. All information
relating to the individual, including that held in electronic or manual files
should be considered for disclosure, provided that they constitute a “filing
system” (see clause 1.5).
7.2. All requests should be sent to PGE within 3 working days of receipt,
and must be dealt with in full without delay and at the latest within one month
7.3. Where a child or young person does not have sufficient understanding
to make his or her own request (usually those under the age of 12, or over 12
but with a special educational need which makes understanding their
information rights more difficult), a person with parental responsibility can
make a request on their behalf. PGE must, however, be satisfied that:
7.3.1. the child or young person lacks sufficient understanding; and
7.3.2. the request made on behalf of the child or young person is in their
7.4. Any individual, including a child or young person with ownership of their
own information rights, may appoint another person to request access to their
records. In such circumstances, PGE must have written evidence that
the individual has authorised the person to make the application and
PGE must be confident of the identity of the individual making the request
and of the authorisation of the individual to whom the request relates.
7.5. Access to records will be refused in instances where an exemption
applies, for example, information sharing may place the individual at risk of
significant harm or jeopardise police investigations into any alleged
7.6. A subject access request must be made in writing. PGE may ask
for any further information reasonably required to locate the information.
7.7. An individual only has the automatic right to access information about
themselves, and care needs to be taken not to disclose the personal data of
third parties where consent has not been given, or where seeking consent
would not be reasonable, and it would not be appropriate to release the
information. Particular care must be taken in the case of any complaint or
dispute to ensure confidentiality is protected.
7.8. All files must be reviewed by PGE before any disclosure takes
place. Access will not be granted before this review has taken place.
7.9. Where all the data in a document cannot be disclosed a permanent
copy should be made and the data obscured or retyped if this is more sensible.
A copy of the full document and the altered document should be
retained, with the reason why the document was altered.
Exemptions to Access by Data Subjects
7.10. Where a claim to legal professional privilege could be maintained in
legal proceedings, the information is likely to be exempt from disclosure
unless the privilege is waived.
8. OTHER RIGHTS OF INDIVIDUALS
8.1. PGE has an obligation to comply with the rights of individuals
under the law, and takes these rights seriously. The following section sets out
how PGE will comply with the rights to:
8.1.1. object to processing;
8.1.3. erasure; and
8.1.4. data portability.
Right to object to processing
8.2. An individual has the right to object to the processing of their personal
data on the grounds of pursuit of a public interest or legitimate interest
(grounds 4.5 and 4.6 above) where they do not believe that those grounds
are made out.
8.3. Where such an objection is made, it must be sent to PGE within
2 working days of receipt, and PGE will assess whether there are
compelling legitimate grounds to continue processing which override the
interests, rights and freedoms of the individuals, or whether the information is
required for the establishment, exercise or defence of legal proceedings.
8.4. PGE shall be responsible for notifying the individual of the
outcome of their assessment within ten working days of receipt of the
8.5. Where personal data is being processed for direct marketing purposes
an individual has the right to object at any time to processing of personal data
concerning him or her for such marketing (which includes profiling to the
extent that it is related to such direct marketing) and their personal data shall
no longer be processed by the PGE for direct marketing purposes.
Right to rectification
8.6. An individual has the right to request the rectification of inaccurate data
without undue delay. Where any request for rectification is received, it should
be sent to the PGE within 2 working days of receipt, and where adequate
proof of inaccuracy is given, the data shall be amended as soon as
reasonably practicable, and the individual notified.
8.7. Where there is a dispute as to the accuracy of the data, the request
and reasons for refusal shall be noted alongside the data, and communicated to the individual.
The individual shall appeal direct to the Information Commissioner.
8.8. An individual also has a right to have incomplete information completed
by providing the missing data, and any information submitted in this way shall
be updated without undue delay.
Right to erasure
8.9. Individuals have a right, in certain circumstances, to have data
permanently erased without undue delay. This right arises in the following
8.9.1. where the personal data is no longer necessary for the purpose or
purposes for which it was collected and processed;
8.9.2. where consent is withdrawn and there is no other legal basis for the
8.9.3. where an objection has been raised under the right to object and found
to be legitimate;
8.9.4. where personal data is being unlawfully processed (usually where one
of the conditions for processing cannot be met);
8.9.5. where there is a legal obligation on the PGE to delete.
8.10. PGE will make a decision regarding any application for erasure
of personal data, and will balance the request against the exemptions
provided for in the law. Where a decision is made to erase the data, and this
data has been passed to other controllers or processors, and/or has been
made public, reasonable attempts to inform those controllers of the request
shall be made.
Right to restrict processing
8.11. In the following circumstances, processing of an individual’s personal
data may be restricted:
8.11.1. where the accuracy of data has been contested, during the period
when PGE is attempting to verify the accuracy of the data;
8.11.2. where processing has been found to be unlawful, and the individual
has asked that there be a restriction on processing rather than erasure;
8.11.3. where data would normally be deleted, but the individual has
requested that their information be kept for the purpose of the establishment,
exercise or defence of a legal claim;
8.11.4. where there has been an objection made under 8.2 above, pending
the outcome of any decision.
Right to portability
8.12. If an individual wants to send their personal data to another organisation
they have a right to request that you provide their information in a structured,
commonly used, and machine readable format. If a request for this is made,
it should be forwarded to PGE within 2 working days of receipt, and
PGE will review and revert as necessary.
9. BREACH OF ANY REQUIREMENT OF THE GDPR
9.1. Any and all breaches of the DPA, including a breach of any of the data
protection principles shall be reported as soon as it is discovered, to the
9.2. Once notified, PGE shall assess:
9.2.1. the extent of the breach;
9.2.2. the risks to the data subjects as a consequence of the breach;
9.2.3. any security measures in place that will protect the information;
9.2.4. any measures that can be taken immediately to mitigate the risk to the
9.3. Unless PGE concludes that there is unlikely to be any risk to
individuals from the breach, it must be notified to the the Office of the Data Protection Ombudsman
within 72 hours of the breach having come to the attention of PGE, unless a delay can be justified.
9.4. The Office of the Data Protection Ombudsman shall be told:
9.4.1. details of the breach, including the volume of data at risk, and the
number and categories of data subjects;
9.4.2. the contact point for any enquiries (which shall usually be PGE);
9.4.3. the likely consequences of the breach;
9.4.4. measures proposed or already taken to address the breach.
9.5. If the breach is likely to result in a high risk to the rights and freedoms
of the affected individuals then PGE shall notify data subjects of the
breach without undue delay unless the data would be unintelligible to those
not authorised to access it, or measures have been taken to mitigate any risk
to the affected individuals.
9.6. Data subjects shall be told:
9.6.1. the nature of the breach;
9.6.2. who to contact with any questions;
9.6.3. measures taken to mitigate any risks.
9.7. PGE shall then be responsible for instigating an investigation
into the breach, including how it happened, and whether it could have been
prevented. Any recommendations for further training or a change in
procedure shall be reviewed by the Director and a decision made about
implementation of those recommendations.
If anyone has any concerns or questions in relation to this policy they should
contact the PastelGuild of Europe rf.