I. Introduction
In its daily work, Terre des hommes Foundation (Tdh), collects and uses certain information about individuals and organizations. Recognizing that safeguarding personal data is critical, Tdh is committed to collect and use information fairly, store it safely and do not disclose it to any third party unlawfully.
The following rules are intended to ensure that Tdh can achieve its activities and develop relationships with relevant stakeholders while:
• complying with data protection laws and following good practices;
• protecting the data subject’s rights;
• and protecting itself from the risks of data breach.
II. Data Protection Principles
There are six Data Protection Principles defined in Article 5 of the GDPR. These require that all personal data be:
• processed in a lawful, fair and transparent manner.
• collected only for specific, explicit, and limited purposes (‘purpose limitation’).
• adequate, relevant, and not excessive (‘data minimization’).
• accurate and kept up to date where necessary.
• kept for no longer than necessary (‘retention’).
• the Data Processing Register will be reviewed at least every 6 months by the Data Protection Officer with the involvement of the Data Governance Group.
• handled with appropriate security and confidentiality.
We are committed to upholding the Data Protection Principles. All personal data under our control must be processed in accordance with these principles...
III. Lawful Processing
1. All processing of personal data must meet one of the six lawful bases defined in Article 6(2) of the GDPR:
• Where we have the consent of the data subject
• Where it is in our legitimate interests and this is not overridden by the rights and freedoms of the data subject.
• Where necessary to meet a legal obligation.
• Where necessary to fulfil a contract, or pre-contractual obligations.
• Where we are protecting someone’s vital interests.
• Where we are fulfilling a public task, or acting under official authority.
2. Any special category data (sensitive types of personal data as defined in Article 9(1) of the GDPR) must further be processed only in the line with one of the conditions specified in Article 9(2).
3. The most appropriate lawful basis will be noted in the Data Processing Register. (see Section 5. Accountability)
4. Where processing is based on consent, the data subject has the option to easily withdraw their consent.
5. Where electronic direct marketing communications are being sent, the recipient should have the option to opt-out in each communication sent, and this choice should be recognised and adhered to by us.
IV. Data Minimisation and Control
1. Data collection processes will be regularly reviewed by the Data Governance Group to ensure that personal data collected and processed is kept to a minimum.
2. We will keep the personal data that we collect, use and share to the minimum amount required to be adequate for its purpose.
3. Where we do not have a legal obligation to retain some personal data, we will consider whether there is a need to hold it.
4. We will retain personal data only for as long as it is necessary to meet its purpose. Our approach to retaining and erasing data no longer required will be specified in the retention policy and schedule. This schedule will be reviewed annually.
5. In the case of sharing personal data with any third party, only the data that is necessary to fulfil the purpose of sharing will be disclosed.
6. Anonymisation and pseudonymisation of personal data stored or transferred should be considered where doing so is a possibility.
V. Accountability
1. Tdh will maintain a Data Processing Register as required by Article 30 of the GDPR to document regular processing activities.
2. The ‘Data Protection Officer’ (DPO) has the specific responsibility of overseeing data protection and ensuring that we comply with the data protection principles and relevant legislation. (see Section 8. Role of the Data Protection Officer).
3. The DPO will ensure that the Data Processing Register is kept up to date and demonstrates how the data protection principles are adhered to by our activities. Individual members of staff have a duty to contribute to ensure that information outlined in the Register are reflected in our practice.
4. The Data Governance Group monitors our compliance with relevant policies and regulatory requirements in respect of data protection as part of our Data Management Strategy.
5. All employees, volunteers, consultants, partners or other parties who will be handling personal data on behalf of Tdh will be appropriately trained and supervised where necessary.
6. The collection, storage, use and sharing of personal data will be regularly reviewed by the Data Protection Officer, the Governance Group, and any relevant business area.
7. We will adhere to relevant codes of conduct where they have been identified and discussed as appropriate.
8. Where there is likely to be a high risk to individuals rights and freedoms due to a processing activity, we will first undertake a Data Protection Impact Assessment (DPIA) and consult with the national authority prior to processing if necessary.
VI. Use of Processors
1. Tdh must only appoint processors who can provide sufficient guarantees around compliance with the GDPR and that the rights of data subjects will be protected.
2. Where a processor can demonstrate that they adhere to approved codes of conduct or certification schemes, this should be taken into consideration for choice of supplier.
3. Where Tdh uses a processor, a written contract with compulsory terms as set out in Article 28 of the GDPR must be in place (plus any additional requirements that we determine). Processors can only act on the instruction of Tdh.
VII. Organizational Measures
1. All devices (laptops) owned by Tdh will have up to date antivirus set up by default on the standard institutional windows version and use only corporate account. All personal information is encrypted.
2. All staff, contractors, temporary workers, consultants, partners or anyone else working on behalf of Tdh and handling personal data are bound by the data protection legislation and this Policy.
3. Where any contractor, temporary worker, consultant, or anyone else working on behalf of Tdh fails in their obligations under this Policy, they shall indemnify Tdh against any cost, liabilities, damages, loss, claims or proceedings that may arise from that failure.
VIII. Role of the Data Protection Officer
All Tdh members are aware that DPOs are not personally responsible in case of non-compliance with the GDPR. The GDPR makes it clear that it is the controller or the processor who is required to ensure and to be able to demonstrate that the processing is performed in accordance with its provisions (Article 24(1)). Data protection compliance is a responsibility of the controller or the processor.
1. The Data Protection Officer role is assigned to a member of staff on a voluntary basis.
2. The DPO assists Tdh to:
• monitor our internal compliance
• inform and advise on our data protection obligations
• provide advice regarding Data Protection Impact Assessments
• act as a contact point for data subjects and the National Authority.
3. The DPO advises the Data Governance Group and reports to Senior Management and to Tdh’s Committee on data protection matters.
4. The DPO is easily accessible as a point of contact for staff for data protection issues and is identified as the point of contact in our privacy notice and other external material.
5. The DPO identifies, organizes and delivers training for staff and meets with new staff during their induction to discuss data protection matters, including this policy.
6. The DPO is required to have appropriate knowledge of data protection law and best practice and is provided with adequate resources to help them carry out their role. This might include appropriate training and accreditation where identified.
7. The DPO is nominally responsible for carrying out responses to requests made by data subjects, reporting breaches and drawing up policies and procedures.
8. This does not preclude another responsible member of staff for carrying out these duties.
IX. Procedures for Staff
While this policy helps us to demonstrate how we seek to comply with data protection legislation and be accountable for our actions,
All members of staff must comply with these procedures for processing or transmitting personal data. In addition, staff should be aware of and adhere to policies around the Acceptable Usage of ICT Systems, and any other guidance issued in relation to cyber security and the use of personal data.
• Always treat people’s personal information with integrity and confidentiality. Don’t hand out personal details just because someone asks you to.
• Where personal data exists as hard copy, it should be stored in a locked box, drawer, or cabinet, and not left where anyone could access it.
• The transfer of hard copies should be passed directly to the recipient.
• Staff are issued with encrypted USB devices for the secure transfer of personal data or sensitive information. No other removable media devices should be used to transfer these types of information without permission from the Systems Administrator or Head of Information Management.
• The loss or theft of any device should be reported as soon as possible to the DPO, Systems Administrator or Head of IT.
• Take care when connecting to public wi-fi connections, as these can expose your connection to interception. If you’re not sure if a connection is secure, do not connect to it.
• Take care to email the intended recipient (especially where email address autocomplete is turned on). Use the ‘bcc’ field for emailing several people where using ‘to’ or ’cc’ is not needed.
• These procedures and policies also apply to the use of remote access to Tdh cloud systems. If you are using your own device to access personal data on Office365 (e.g. Outlook or Dynamics CRM), ensure that your device has a firewall and is password protected.
• If you do have a question or are unsure about any of these procedures, contact the Data Protection Officer or a member of the Information Team.
X. Rights of Data Subjects
1. Under data protection laws, data subjects have certain rights:
• Right to be informed. The right to be told how their personal data is used in clear and transparent language.
• Right of access. The right to know and have access to the personal data we hold about them.
• Right to data portability. The right to receive their data in a common and machine-readable electronic format.
• Right to be forgotten. The right to have their personal data erased.
• Right to rectification. The right to have their personal data corrected where it is inaccurate or incomplete.
• Right to object. The right to complain and to object to processing.
• Right to purpose limitation. The right to limit the extent of the processing of their personal data.
• Rights related to automated decision-making and profiling. The right not to be subject to decisions without human involvement.
2. We will uphold individuals’ rights under data protection laws and allow them to exercise their rights over the personal data we hold about them. Most rights are not absolute, and the individual will be able to exercise them depending on the circumstances, and exemptions may apply in some cases.
3. Any request in respect of these rights should preferably be made in writing to dpo@tdh.ch, but we will also accept verbal requests.
4. There is no fee for facilitating a request, unless it is ‘manifestly unfounded or excessive’, in which case administrative costs can be recovered.
5. Requests that are ‘manifestly unfounded or excessive’ can be refused.
6. We will take reasonable measures to require individuals to prove their identity where it is not obvious that they are the data subject.
7. We will respond to the request within one month from the date of request or being able to identify the person, unless it is particularly complex (in which case we will respond in no longer than 90 days).
8. The DPO will ensure that required actions are taken and that the appropriate response is facilitated within the deadline.
9. The DPO will draw up procedures for responding to requests where necessary, for example, for facilitating Subject Access Requests.
XI. Reporting of breaches
1. A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data.
2. All members of staff should be vigilant and able to identify a suspected personal data breach. A breach could include:
• loss or theft of devices or data, including information stored on USB drives or on paper
• hacking or other forms of unauthorized access to a device, email account, or the network
• disclosing personal data to the wrong person, through wrongly addressed emails, or bulk emails that inappropriately reveal all recipients email addresses
• alteration or destruction of personal data without permission
3. Where a member of staff discovers or suspects a personal data breach, this should be reported to the DPO as soon as possible.
4. Where there is a likely risk to individuals’ rights and freedoms, the DPO will report the personal data breach to the national authority within 72 hours of the organization being aware of the breach.
5. Where there is also a likely high risk to individuals’ rights and freedoms, Tdh will inform those individuals without undue delay.
6. The DPO will keep a record of all personal data breaches reported and follow up with appropriate measures and improvements to reduce the risk of reoccurrence.
