1. Aims

The Intermediary Cooperative (TIC) ensures that all personal data collected about members, staff, directors, clients, Vulnerable People and other individuals is collected, stored and and the Data Protection Act 2018 (DPA 2018). This policy applies to all personal data, regardless of whether it is in paper or electronic processed in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) format. TIC will hold data relating to its members and clients and acts as data controller for such data processing purposes. TIC Intermediaries act as data controller for their own work and data relating to each case and individual with whom they work and as such are each registered with the ICO.

2. Legislation and Guidance

This policy meets the requirements of the GDPR 2018 and the DPA 2018. It is based on guidance published by the Information Commissioner’s Office (ICO) on the GDPR 2018. The effective implementation of this policy, as well as comprehensive training provided to all TIC intermediaries, ensures all activities carried out by TIC are in compliance with all relevant legislation and best practice at all times

3. Definitions

Personal data Any information relating to an identified, or identifiable, living individual. This may include the individual’s: ● Name (including initials) ● Identification number ● Location data ● Online identifier, such as a username It may also include factors specific to the individual’s physical, physiological, genetic, mental, economic, cultural or social identity.
Processing Anything done to personal data, such as collecting, recording, organising, structuring, storing, adapting, altering, retrieving, using, disseminating, erasing or destroying. Processing can be automated or manual.
Data subject The identified or identifiable individual whose personal data is held or processed.
Data controller A person or organisation that determines the purposes and the means of processing of personal data.
Data processor A person or other body, other than an employee of the data controller, who processes personal data on behalf of the data controller.
Personal data breach A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
  1. The Data Controller
Our organisation (TIC) processes personal data relating to members, staff, directors, clients, Vulnerable People and others and therefore is a data controller. The organization (TIC) is registered with the ICO as legally required. Each Intermediary is also registered as a data controller with the ICO. TIC will retain a log of compliance by all intermediaries for the requirement of ICO registration and could request evidence of this compliance at any time.

5. Roles and Responsibilities

This policy applies to all members of TIC and to external organisations with whom TIC works. Members and employees who do not comply with this policy may face disciplinary action.

5.1 Leadership Board

The Leadership Committee (board of directors) has overall responsibility for ensuring that our organisation complies with all relevant data protection obligations. However the role of the Data Protection Officer (DPO) is included within the Operations Manager’s role, and any necessary training will be provided.

5.2 Data Protection Officer

The Data Protection Officer (DPO) is responsible for overseeing the implementation of this policy, monitoring our compliance with data protection law, and developing related policies and guidelines where applicable. They will provide an annual report of their activities directly to the board of directors of TIC and, where relevant, report to the board their advice and recommendations on TIC data protection issues. The DPO is also the first point of contact for individuals and businesses whose data TIC possesses, and for the ICO. The Data Protection Officer has the following responsibilities:
  • Reviewing all data processing activities.
  • Conducting regular health checks/audits and issue recommendations.
  • Assisting with data protection impact assessments and monitoring performance.
  • Monitoring and advice relating to subject access requests and data breaches.
  • Assisting TIC with maintenance of records.
  • Monitoring and advice relating to FOI and other information requests.
  • Co-operation with, and act as the contact point for, the supervisory authority, the Information Commissioner’s Office.
  • Act as the contact point for data subjects to deal with requests and complaints.
  • Training staff using our in-house package.

5.3 Director with Responsibility for Data Processing

The director with responsibility for data processing acts as the representative of the data controller on a day-to-day basis.

5.4 All TIC Intermediaries and Staff

All TIC Intermediaries will personally register with the ICO and act as data controllers for their own collection and storage of personal data according to the regulations from the ICO and this policy. TIC Intermediaries and staff are responsible for:
  • Collecting, storing and processing any personal data in accordance with this policy.
  • Informing TIC admin team of any changes to their personal data, such as a change of address.
  • Contacting the DPO in the following circumstances:
    • With any questions about the operation of this policy, data protection law, retaining personal data or keeping personal data secure.
    • If they have any concerns that this policy is not being followed.
    • If they are unsure whether or not they have a lawful basis to use personal data in a particular way.
    • If they need to rely on or capture consent, draft a privacy notice, deal with data protection rights invoked by an individual, or transfer personal data outside the European Economic Area.
    • If there has been a data breach.
    • Whenever they are engaging in a new activity that may affect the privacy rights of individuals.
    • If they need help with any contracts or sharing personal data with third parties.
  1. Data Protection Principles
The GDPR is based on data protection principles that TIC must comply with. The principles say that personal data must be:
  • Processed lawfully, fairly and in a transparent manner.
  • Collected for specified, explicit and legitimate purposes.
  • Adequate, relevant and limited to what is necessary to fulfil the purposes for which it is processed.
  • Accurate and, where necessary, kept up to date.
  • Kept for no longer than is necessary for the purposes for which it is processed.
  • Processed in a way that ensures it is appropriately secure.
This policy sets out how TIC aims to comply with these principles.
  1. Collecting Personal Data

7.1 Lawfulness, Fairness and Transparency

We will only process personal data where we have one of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:
  • The data needs to be processed so that TIC can fulfil a contract with the individual, or the individual has asked TIC to take specific steps before entering into a contract.
  • The data needs to be processed so that TIC can comply with a legal obligation.
  • The data needs to be processed to ensure the vital interests of the individual or another person i.e. to protect someone’s life.
  • The data needs to be processed so that TIC, as a public authority, can perform a task in the public interest or exercise its official authority.
  • The data needs to be processed for the legitimate interests of TIC (where the processing is not for any tasks TIC performs as a public authority) or a third party, provided the individual’s rights and freedoms are not overridden.
  • The individual (or their designated representative when appropriate) has freely given clear
For special categories of personal data, we will also meet one of the special category conditions for processing under data protection law:
  • The individual (or their designated representative when appropriate) has given
explicit consent. A possible consent form can be found at Appendix 1. This consent will be sought and retained on acceptance of a referral.
  • The data needs to be processed to perform or exercise obligations or rights in relation to employment, social security or social protection law.
  • The data needs to be processed to ensure the vital interests of the individual or another
person, where the individual is physically or legally incapable of giving consent.
  • The data has already been made manifestly public by the individual.
  • The data needs to be processed for the establishment, exercise or defence of legal claims.
  • The data needs to be processed for reasons of substantial public interest as defined in legislation.
  • The data needs to be processed for health or social care purposes, and the processing is done by, or under the direction of, a health or social work professional or by any other person obliged to confidentiality under law.
  • The data needs to be processed for public health reasons, and the processing is done by, or under the direction of, a health professional or by any other person obliged to confidentiality under law.
  • The data needs to be processed for archiving purposes, scientific or historical research purposes, or statistical purposes, and the processing is in the public interest.
For criminal offence data, we will meet both a lawful basis and a condition set out under data protection law. Conditions include:
  • The individual (or their designated representative when appropriate) has given


  • The data needs to be processed to ensure the vital interests of the individual or another person, where the individual is physically or legally incapable of giving consent.
  • The data has already been made manifestly public by the individual.
  • The data needs to be processed for or in connection with legal proceedings, to obtain legaladvice, or for the establishment, exercise or defence of legal rights.
  • The data needs to be processed for reasons of substantial public interest as defined in legislation.
Whenever we first collect personal data directly from individuals, we will provide them with the relevant information required by data protection law. We will always consider the fairness of our data processing. We will ensure we do not handle personal data in ways that individuals would not reasonably expect or use personal data in ways which have unjustified adverse effects on them.

7.2 Limitation, Minimisation and Accuracy

We will only collect personal data for specified, explicit and legitimate reasons. We will explain these reasons to the individuals when we first collect their data. If we want to use personal data for reasons other than those given when we first obtained it, we will inform the individuals concerned before we do so and seek consent where necessary. (Possible Consent Form – Appendix 1) TIC members, intermediaries and staff must only process personal data where it is necessary in order to do their jobs. We will keep data accurate and, where necessary up-to-date. Inaccurate data will be rectified or erased when appropriate. In addition, when TIC no longer need the personal data they hold, they must ensure it is deleted or anonymised. This will be done in accordance with TICs record retention schedule.
  1. Sharing Personal Data
We will not normally share personal data with anyone else without consent, but there are certain circumstances where we may be required to do so. These include, but are not limited to, situations where:
  • There is an issue with a client or Vulnerable Person that puts the safety of our organization or members at risk.
  • We need to liaise with other agencies – we will seek consent as necessary before doing this.
  • Our suppliers or contractors need data to enable us to provide services to Vulnerable People – for example, IT companies and TiCiT maintenance contractors. When doing this, we will:
    • Only appoint suppliers or contractors which can provide sufficient guarantees that they comply with data protection law.
    • Establish a contract with the supplier or contractor to ensure the fair and lawful
processing of any personal data we share.
  • Only share data that the supplier or contractor needs to carry out their service. We will also share personal data with law enforcement and government bodies where we are legally required to do so. In the case of law enforcement requirements, data protection regulation falls under part 3 of the DPA 2018. As such it does not require consent.
We may also share personal data with emergency services and local authorities to help them respond to an emergency situation that affects any of our members, clients or staff. When sharing data, all members make evry effort to anonymise the information, including using codes and removing personal information if it is not absolutely essential. When sharing information all documents should be encrypted and password protected, only using secure and agreed systems.

9. Subject Access Requests and Other Rights of Individuals

  • Subject Access Requests
Individuals have a right to make a ‘subject access request’ to gain access to personal information that TIC holds about them. This includes:
  • Confirmation that their personal data is being processed.
  • Access to a copy of the data.
  • The purposes of the data processing.
  • The categories of personal data concerned.
  • Who the data has been, or will be, shared with.
  • How long the data will be stored for, or if this isn’t possible, the criteria used to determine this period.
  • Where relevant, the existence of the right to request rectification, erasure or restriction, or to object to such processing.
  • The right to lodge a complaint with the ICO or another supervisory authority.
  • The source of the data, if not the individual.
  • Whether any automated decision-making is being applied to their data, and what the significance and consequences of this might be for the individual.
  • The safeguards provided if the data is being transferred internationally.
Subject access requests can be submitted in any form, but we may be able to respond to requests more quickly if they are made in writing and include:
  • Name of the individual.
  • Correspondence address.
  • Contact number and email address.
  • Details of the information requested.
If staff receive a subject access request in any form, they must immediately forward it to the DPO.

9.2 Vulnerable People and Subject Access Requests

Personal data about an individual belongs to that individual, and not the designated representative. For a designated representative to make a subject access request with respect to their charge, the VP must either be unable to understand their rights and the implications of a subject access request or have given their consent. Children aged 12 and above are generally regarded to be mature enough to understand their rights and the implications of a subject access request. However, as a provider of service to vulnerable people, maybe with additional needs, many may be unlikely to understand their rights and the implications of a subject access request. Therefore, subject access requests from designated representatives may be granted without the express permission of the VP. This is not a rule and a VP’s ability to understand their rights will always be judged on a case- by-case basis.

9.3 Responding to Subject Access Requests

When responding to requests, we:
  • May ask the individual to provide 2 forms of identification.
  • May contact the individual via phone to confirm the request was made.
  • Will respond without delay and within 1 month of receipt of the request (or receipt of the additional information needed to confirm identity, where relevant).
  • Will provide the information free of charge.
  • May tell the individual we will comply within 3 months of receipt of the request, where a request is complex or numerous. We will inform the individual of this within 1 month and explain why the extension is necessary.
We may not disclose information for a variety of reasons, such as if it:
  • Might cause serious harm to the physical or mental health of the VP or another individual.
  • Would reveal that the VP is being or has been abused, or is at risk of abuse, where the disclosure of that information would not be in the VP’s best interests.
  • Would include another person’s personal data that we can’t reasonably anonymise, and we don’t have the other person’s consent and it would be unreasonable to proceed without it.
  • Is part of certain sensitive documents, such as those related to crime, immigration, legal proceedings or legal professional privilege, management forecasts, negotiations, confidential references, or exam scripts.
If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee to cover administrative costs. We will consider whether the request is repetitive in nature when making this decision. When we refuse a request, we will tell the individual why, and tell them they have the right to complain to the ICO or they can seek to enforce their subject access right through the courts.

9.4 Other Data Protection Rights of the Individual

In addition to the right to make a subject access request (see above), and to receive information when we are collecting their data about how we use and process it (see section 7), individuals also have the right to:
  • Withdraw their consent to processing at any time.
  • Ask us to rectify, erase or restrict processing of their personal data (in certain circumstances).
  • Prevent use of their personal data for direct marketing.
  • Object to processing which has been justified on the basis of public interest, official authority or legitimate interests.
  • Challenge decisions based solely on automated decision making or profiling (i.e. making decisions or evaluating certain things about an individual based on their personal data withno human involvement).
  • Be notified of a data breach (in certain circumstances).
  • Make a complaint to the ICO.
  • Ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format (in certain circumstances).
Individuals should submit any request to exercise these rights to the DPO. If staff receive such a request, they must immediately forward it to the DPO.

10. Data Protection by Design and Default

We have measures in place to show that we have integrated data protection into all of our data processing activities, including:
  • Appointing suitably qualified DPOs, and ensuring they have the necessary resources to fulfil their duties and maintain their expert knowledge.
  • Only processing personal data that is necessary for each specific purpose of processing, and always in line with the data protection principles set out in relevant data protection law (see section 6).
  • Completing data protection impact assessments where TIC’s processing of personal data presents a high risk to rights and freedoms of individuals, and when introducing new technologies (the DPO will advise on this process).
  • Integrating data protection into internal documents including this policy, any related policies and privacy notices.
  • Regularly training members and staff on data protection law, this policy, any related policies and any other data protection matters; we will also keep a record of attendance at this training.
  • Regularly conducting reviews and audits to test our privacy measures and make sure we are compliant.
  • Appropriate safeguards being put in place if we transfer any personal data outside of the European Economic Area (EEA), where different data protection laws will apply.
  • Maintaining records of our processing activities, including:
    • For the benefit of data subjects, making available the name and contact details of TIC and DPO and all information we are required to share about how we use and process their personal data (via our privacy notices).
    • For all personal data that we hold, maintaining an internal record of the type of data, type of data subject, how and why we are using the data, any third-party recipients, any transfers outside of the EEA and the safeguards for those, retention periods and how we are keeping the data secure.

11. Data Security and Storage of Records

We will protect personal data and keep it safe from unauthorised or unlawful access, alteration, processing or disclosure, and against accidental or unlawful loss, destruction or damage. In particular:
  • Paper-based records and portable electronic devices, such as laptops and hard drives that contain personal data, are kept safe when not in use.
  • Papers containing confidential personal data must not be left on desks or left anywhere else where there is general access.
  • Where personal information needs to be taken into court or JS buildings, extreme care will be taken and never left unattended.
  • Passwords used to access computers, laptops and other electronic devices must be at least 8 characters long and contain a capital letter and number. Passwords must be changed regularly.
  • Encryption software is used to protect removable media.
  • Members, staff and directors who store personal information on their personal devices are expected to follow their own ICO regulations relating to their registration as data
  • Where we need to share personal data with a third party, we carry out due diligence and take reasonable steps to ensure it is stored securely and adequately protected (see section 8).

12. Disposal of Records

Personal data that is no longer needed will be disposed of securely. Personal data that has become inaccurate or out of date will also be disposed of securely, where we cannot or do not need to rectify or update it. TIC Intermediaries must ensure that the information they hold is stored in line with this policy and that their choice of storage is secure and that only they have access to the files stored.

13. Personal Data Breaches

TIC and its members will make all reasonable endeavours to ensure that there are no personal data breaches. In the unlikely event of a suspected data breach, we will follow the procedure set out in Appendix 2. When appropriate, we will report the data breach to the ICO within 72 hours after becoming aware of it. TIC Intermediaries will also notify a DPO of TIC of such a breach for the purpose of transparency. Such breaches in a TIC context may include, but are not limited to:
  • Sensitive information being made available to an unauthorised person.
  • The loss of a laptop containing personal data about VPs or clients.

14. Training

All members and staff are provided with mandatory data protection training as part of their induction process. Data protection will also form part of continuing professional development, where changes to legislation, guidance or TICs processes make it necessary.

15. Monitoring Arrangements

The DPO is responsible for monitoring and reviewing this policy. This policy will be reviewed every year and shared with all TIC members, directors and staff.

Data Protection Policy