DATA PROTECTION POLICY
In compliance with the Protection of Personal Information Act (“POPIA”) of 26 November 2013
The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Alliance Française du Cap. This includes obligations in dealing with personal data, in order to ensure that the organisation complies with the requirements of the POPIA.
Alliance Française du Cap must comply with the Data Protection principles set out in the relevant legislation. This Policy applies to all Personal Data collected, processed and stored by Alliance Française du Cap in relation to its staff, service providers and clients in the course of its activities. Alliance Française du Cap makes no distinction between the rights of Data Subjects who are employees, and those who are not. All are treated equally under this Policy.
The policy covers both personal and sensitive personal data held in relation to data subjects by Alliance Française du Cap. The policy applies equally to personal data held in manual and automated form. All Personal and Sensitive Personal Data will be treated with equal care by Alliance Française du Cap. Both categories will be equally referred-to as Personal Data in this policy, unless specifically stated otherwise.
For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.
This includes both automated and manual data. Automated data means data held on computer, or stored with the intention that it is processed on computer. Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.
Information which relates to a living individual, who can be identified either directly from that data, or indirectly in conjunction with other data which is likely to come into the legitimate possession of the Data Controller.
Sensitive Personal Data
A particular category of Personal data, relating to: Racial or Ethnic Origin, Political Opinions, Religious, Ideological or Philosophical beliefs, Trade Union membership, Information relating to mental or physical health, information in relation to one’s Sexual Orientation, information in relation to commission of a crime and information relating to conviction for a criminal offence.
A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed. Data Subject A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly
ALLIANCE FRANÇAISE DU CAP AS A DATA CONTROLLER
In the course of its daily organisational activities, Alliance Française du Cap acquires, processes and stores personal data in relation to:
- Employees of Alliance Française du Cap (HR Data)
- Customers of Alliance Française du Cap, including within the Language Centre, Exam Centre, Cultural Centre, Library and Translation Service
In accordance with the POPIA, this data must be acquired and managed fairly. Not all staff members will be expected to be experts in Data Protection legislation. However, Alliance Française du Cap is committed to ensuring that its staff has sufficient awareness of the legislation in order to be able to anticipate and identify a Data Protection issue, should one arise. In such circumstances, staff must ensure that the Information manager is informed, and in order that appropriate corrective action is taken.
Due to the nature of the services provided by Alliance Française du Cap, there is regular and active exchange of personal data between Alliance Française du Cap and its Data Subjects. However, Alliance Française du Cap exchanges no personal data with Data Processors on the Data Subjects’ behalf, as all exchange of data is within Alliance Française du Cap only.
This policy provides the guidelines for this exchange of information, as well as the procedure to follow in the event that an Alliance Française du Cap staff member is unsure whether such data can be disclosed.
In general terms, the staff member should consult with the Information manager to seek clarification. Data Processor A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment. Information Manager A person appointed by Alliance Française du Cap to monitor compliance with the appropriate Data Protection legislation, to deal with
Subject Access Requests, and to respond to Data Protection queries from staff members and service recipients. Information and Data Protection Officer The Director of the Alliance Française du Cap is the Information and Data Protection Officer, fully responsible for the compliance to the POPIA. Relevant Filing System Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable. Consent Freely given, specific, informed and explicit consent by statement or action signifying agreement to the processing of their personal data.
SUBJECT ACCESS REQUESTS
Any formal, written request by a Data Subject for a copy of their personal data (a Subject Access Request) will be referred, as soon as possible, to the Information manager, and will be processed as soon as possible, but must be concluded within one month, with no undue delay. It is intended that by complying with these guidelines, Alliance Française du Cap will adhere to best practice regarding the applicable Data Protection legislation.
In the course of its role as Data Controller, Alliance Française du Cap engages with no Data Processors to process Personal Data on its behalf. All data processing is internal to Alliance Française du Cap, and no exchange of information with external Data Controllers or other Third-Party processors occurs, save for its Translation Service, where customers consent to their documents, for which they want translated, to be sent to external approved translators working on a case-by-case contractual basis.
THE DATA PROTECTION PRINCIPLES
The following key principles are fundamental to Alliance Française du Cap’s Data Protection policy. In its capacity as Data Controller, Alliance Française du Cap ensures that all data shall:
1. … BE OBTAINED AND PROCESSED FAIRLY AND LAWFULLY. For data to be obtained fairly, the Data Subject will, at the time the data are being collected, be made aware of:
- The identity of the Data Controller (Alliance Française du Cap);
- The purpose(s) for which the data is being collected;
- The person(s) to whom the data may be disclosed by the Data Controller; • The legal basis for processing the data;
- The retention periods of the data;
- The right of complaint where Data Subjects are dissatisfied with the implementation of the above criteria;
- Their individual rights under the General Data Protection Regulation.
Alliance Française du Cap will meet this obligation in the following way.
- The informed consent of the Data Subject will always be sought before their data is processed, which must be specific, unambiguous and freely given to the Data Controller, by way of a positive indication of agreement, and thus cannot be inferred from silence, pre-ticked boxes or inactivity;
- Where Alliance Française du Cap intends to record activity on CCTV or video, a Fair Processing Notice will be posted in full view;
- Processing of the personal data will be carried out only as part of Alliance Française du Cap’s lawful activities, and Alliance Française du Cap will safeguard the rights and freedoms of the Data Subject;
- In compliance with the POPIA, data will only be processed if the individual has given clear consent for Alliance Française du Cap to process their Personal Data for a specific purpose, which will be disclosed to the Data Subject before processing of their data, and listed in;
- The retention periods of the data, which differ depending on the specific data category, will be conveyed clearly to the Data Subject before their data is processed, and will be relevant to the individual Data Subject;
- The individual rights of the Data Subject, including their right to complaint, will be posted in full view, both online and in the premises of Alliance Française du Cap, and adequate training will be given to relevant staff members to whom the Data Subjects can request a more detailed explanation;
- The data of the Data Subject will not be shared with a third party, with the exception of customers of the Translation Service, where documents to be translated are submitted to external approved translators.
2. …. BE OBTAINED ONLY FOR ONE OR MORE SPECIFIED, LEGITIMATE PURPOSES.
Alliance Française du Cap will obtain data for purposes which are specific, lawful and clearly stated. A Data Subject will have the right to question the purpose(s) for which Alliance Française du Cap holds their data, and Alliance Française du Cap will be able to clearly state that purpose or purposes, and will, at least every year, verify its accountability for said purposes. These purposes are listed, too, in the attached Data Purpose and Accountability List.
3. ….. NOT BE FURTHER PROCESSED IN A MANNER INCOMPATIBLE WITH THE SPECIFIED PURPOSE(S).
Any use of the data by Alliance Française du Cap will be compatible with the purposes for which the data was acquired, as outlined in the Data Purpose and Accountability List.
4. …. BE KEPT SAFE AND SECURE.
Alliance Française du Cap will employ high standards of security in order to protect the personal data under its care. Appropriate security measures will be taken to protect against unauthorised access to, or alteration, destruction or disclosure of any personal data held by Alliance Française du Cap in its capacity as Data Controller. In such a case that data has been breached in any way, the appropriate measures will be taken, in accordance with the attached Data Breach Procedure.
Access to and management of staff and customer records is limited to those staff members who have appropriate authorisation and password access, in its automated format. Data held in manual format are locked and secured in filing cabinets, which are in a secure location, beyond which only appropriate staff can access with a door password and authorisation.
5. … BE KEPT ACCURATE, COMPLETE AND UP-TO-DATE WHERE NECESSARY.
Alliance Française du Cap will:
- ensure that administrative and IT validation processes are in place to conduct regular assessments of data accuracy;
- conduct periodic reviews and audits to ensure that relevant data is kept accurate and up-to-date. Alliance Française du Cap conducts a review of sample data every year to ensure accuracy; staff contact details are reviewed and updated every year, and when a new staff member joins Alliance Française du Cap;
- conduct regular assessments in order to establish the need to keep certain Personal Data, an account of which is found in the attached Data Purpose and Accountability List;
- ensure that any data which may be inaccurate or incomplete, and which has been highlighted by the Data Subject as such, will be updated and reviewed when given notification within the time-limits specified in the attached Subject Access Request document.
6. … BE ADEQUATE, RELEVANT AND NOT EXCESSIVE IN RELATION TO THE PURPOSE(S) FOR WHICH THE DATA WERE COLLECTED AND PROCESSED.
Alliance Française du Cap will ensure that the data it processes in relation to Data Subjects are relevant to the purposes for which those data are collected. Data which are not relevant to such processing will not be acquired or maintained, as outlined in the attached Data Purpose and Accountability List.
7. … NOT BE KEPT FOR LONGER THAN IS NECESSARY TO SATISFY THE SPECIFIED PURPOSE(S).
Alliance Française du Cap has identified an extensive matrix of data categories, with reference to the appropriate data retention period for each category. The matrix applies to data in both a manual and automated format.
Once the respective retention period has elapsed, Alliance Française du Cap undertakes to destroy, erase or otherwise put this data beyond use.
8. … BE MANAGED AND STORED IN SUCH A MANNER THAT, IN THE EVENT A DATA SUBJECT SUBMITS A VALID SUBJECT ACCESS REQUEST SEEKING A COPY OF THEIR PERSONAL DATA, THIS DATA CAN BE READILY RETRIEVED AND PROVIDED TO THEM.
Alliance Française du Cap has implemented a Subject Access Request procedure by which to manage such requests in an efficient and timely manner, within the timelines stipulated in the legislation.
DATA SUBJECT ACCESS REQUESTS
As part of the day-to-day operation of the organisation, Alliance Française du Cap’s staff engages in active and regular exchanges of information with Data Subjects. Where a formal request is submitted by a Data Subject in relation to the data held by Alliance Française du Cap, such a request gives rise to access rights in favour of the Data Subject.
There are specific time-lines within which Alliance Française du Cap must respond to the Data Subject, depending on the nature and extent of the request. These are outlined in the attached Subject Access Request process document.
Alliance Française du Cap’s staff will ensure that, where necessary, such requests are forwarded to the Information manager in a timely manner, and they are processed as quickly and efficiently as possible, but within not more than one month from receipt of the request.
As a Data Controller, Alliance Française du Cap ensures that any entity which processes Personal Data on its behalf (a Data Processor) does so in a manner compliant with the Data Protection legislation. Alliance Française du Cap does not exchange data, or have it processed thereof, by a Data Processor. In the circumstance that this should change, Data Subjects will be made aware, and the relevant documentation shall be updated.
In such a circumstance, failure of a Data Processor to manage Alliance Française du Cap’s data in a compliant manner will be viewed as a breach of contract, and will be pursued through the courts.
Failure of Alliance Française de du Cap’s staff to process Personal Data in compliance with this policy may result in disciplinary proceedings.