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Confidentiality, Data
Protection and Whistleblowing Policy
1.0
Rights and Equality West Midlands will fulfil its
obligations under the Data Protection Act 1998 by
registering with the Data Protection Registrar.
2.0 In
the course of its work, Rights and Equality West Midlands is
likely to hold personal data, being information about living
or identifiable individuals (such as, people’s names and
addresses), which are processed by computer or other
technology.
3.0 In
the terms of the Act, if Rights and Equality West Midlands
holds such data, then it is a data user, controlling the
contents and use of a collection of personal data.
4.0 Rights and Equality West Midlands understands that data
users who should register, but do not, are committing a
criminal offence, as are those operating outside the
descriptions contained in their register entry.
5.0 Rights and Equality West Midlands will ensure that the
personal data that it holds are:
5.1
obtained and processed fairly and lawfully.
5.2
held
for the lawful purposes described in the data user’s
register entry.
5.3
used for those purposes only and disclosed only to those
people, described in the
register entry
5.4
adequate, relevant and not excessive in relation to the
purposes for which they are held.
5.5
accurate and, where necessary, kept up-to-date.
5.6
held
no longer than is necessary for their registered purposes.
5.7
accessible to the individual concerned who, where
appropriate, has the right to have
information about
her/himself corrected or erased.
5.8
kept
secure.
6.0
Rights and Equality West Midlands will register:
6.1
its
name and address.
6.2
details of those about whom it holds personal data.
6.3
the
purpose for which it uses the data.
6.4
the
sources from which it obtained the information.
6.5
the
types of organisation to whom it will disclose information.
7.0 In
the knowledge of the context of its work in the field of
race relations, it will maintain adequate security
arrangements to prevent information falling into the wrong
hands.
8.0 Rights
and Equality West Midlands will allow any member, staff,
volunteer or user of its services on whom it holds
information to have access to that individual’s personal
information, in accordance both with the right of subject
access afforded by the Data Protection Act and with Rights
and Equality West Midlands’ commitment to openness,
extending this right to correct or delete information, where
appropriate.
9.0 Persons
on whom information is kept (‘data subjects’) will, on
enquiry, be shown a copy of the information that Rights and
Equality West Midlands holds on them and may formally
request a computer printout in a letter, or on a form, of
that information, which should be sent to them within 40
days of the request.
10.0 Users
of Rights and Equality West Midlands’ complainant aid and
other similar services have the right to expect that their
records will be held securely and that officers dealing with
their case will maintain professional confidentiality. All
referrals will be made with the permission of the client.
The normal requirements of the tribunal or court for
proceedings to be held in public will be fully explained.
11.0 Staff
and volunteers have the right to expect that information
kept on them by Race Equality West Midlands will be kept
securely and confidentially and that it will only be used by
authorised officers in pursuance of Rights and Equality West
Midlands’ business.
12.0 Members
of Rights and Equality West Midlands have the right to
expect that information kept on them will be kept securely
and confidentially and will only be used by the honorary
officers and staff to assist in the effective running of the
organisation. Personal information will not normally be
released to parties, other than the CRE, except with the
member’s permission.
13.0 Normally
managers will only have sight of the personal records of
staff whom they manage, and will treat that information with
the utmost discretion, imparting it to others only when it
is essential to do so.
14.0 Administrative
staff will safeguard the confidentiality of all personal
records, only releasing information when instructed to do so
by honorary officers or authorised staff.
15.0 Commissioned
reports and commissioned work notes on, for example, policy
or community development will be considered confidential to,
and held confidentially for, the party or parties that
commissioned the work unless it or they agree to its
publication.
16.0 Members
and staff who identify serious errors in the way the
business of Rights and Equality West Midlands is conducted
are expected to draw the attention to their line manager or
relevant honorary officer to these matters at the earliest
opportunity or, if they have serious reasons to doubt the
integrity of their manager or officer, to complain to
responsible authorities external to the organisation,
bearing in mind the aim is to put right the errors rather
than to undermine the organisation with adverse publicity.
If an external independent assessor believes that the matter
was raised in good faith and in a prudent, considered and
moderate way focussing on righting the wrong being
committed, then the ‘whistleblower’ will be protected from
victimisation within the organisation and not in any way
adversely affected.
17.0 If
in the course of undertaking research, consultancy and
training, Rights and Equality West Midlands staff identify
legal breaches or other serious failings on the part of an
organisation they are contracted to serve, they will in the
first place draw these matters to the attention of the
organisation’s chief officer, and at a later stage send
their evidence, observations and recommendations in writing
to that chief officer (or, depending on the seriousness of
the matter and as a last resort, to a relevant external
auditing body), at which point any responsibility they have
for the greater public good will be deemed to have been
discharged. Keeping the confidence of the contracting
client, however, must be an essential consideration and will
only be broken in extremity. Except in the most serious
circumstances, the matter will be left with the chief
officer of the contracting organisation to deal with as s/he
feels fit.
18.0
This document was approved by Rights and Equality West
Midlands Forum on 7 February 2002, amended October 2007 and
reviewed on an annual basis by the Chief Executive with the
next date of review scheduled for January 2009.
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