What is this policy about?
This policy outlines the Cluster’smanagement and protection of personal data,and the rules everyone must adhere to.
Who is this policy for?
The policy applies to all staff, contractors, agency workers and elected members.
How does the clustercheck this Policy is followed?
All staff and elected members must complete mandatory training in GDPR to evidence that they understand data protection legislation. Data Protection is part of the contractual terms with contractors and agency workers.
Who can you contact if you have questions about this policy?
Swyddog Amddiffyn Data Ysgolion (SAD) / Schools
Designated Data Protection Officer (DPO) Swyddog Llywodraethu Gwybodaeth (Addysg) / Information Governance Officer (Education) Gwasanaethau Addysg / SCE -Education Services
Cyngor Bwrdeistref Sirol CONWY County Borough Council
We hold personal data about our employees, clients, suppliers and other individuals for a variety of the cluster’sbusiness purposes.
This policy sets out how we seek to protect personal data and ensure that staff understand the rules governing their use of personal data to which they have access in the course of their work. In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
Aberconwy Cluster Business purposes
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and business development purposes.
The purposes include (but are not limited to) the following:
- Compliance with our legal, regulatory and corporate governance obligations and good practice
- Gathering information as part of investigations by regulatory bodies orin connection with legal proceedings or requests
- Ensuring Corporate and servicepolicies are adhered to (such as policies covering email and internet use)
- Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of official sensitiveinformation, security vetting, and checking.
- Investigating complaints
- Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and reviews
- Monitoring staff conduct, disciplinary matters
- Communication with the public
Information relating to identifiable individuals, such as clients, customers, job applicants, current and former employees, current and former elected members, agency, contract and other staff, clients, suppliers and marketing contacts.
Personal data we gather may include: individuals' contact details, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.(This list is not exhaustive)
Special categories data includes anindividual's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings.
Any use of special categoriesdata should be strictly controlled in accordance with this policy. Special categories also includes biometrics, DNA, facial and fingerprint recognition.
Data Controller and Data Processor
The data controlleris the person (or business) who determines the purposes for which, and the way in which, personal datais processed. By contrast, a data processoris anyone who processes personal dataon behalf of the data controller (excluding the data controller'sownemployees)
This policy applies to all staff, contractors, agency workers and elected members. You must be familiar with this policy and comply with its terms.
This policy supplements our other information governance policies which are all located on the intranet.
These policies include:
- Information security policy
- IT security policy
- Internet acceptable use policy
- Email acceptable use policy
- Privacy Notices and Guidance
- Consent Policy
- Data Incident Policy
- Subject Access Request Policy
We may supplement or amend this policy by additional policies and guidelines from time to time.
Any new or modified policy will be approved by Senior LeadershipTeam and circulated to staff.
4. Who is responsible for this policy?
The protection of data is everybody’s responsibility. The governing board has overall responsibility for ensuring that our school complies with all relevant data protection obligations. The Data Protection Officer (DPO) has overall responsibility for guidanceand compliance.
4.1 The Senior Information Risk Owner’s responsibilities (SIRO) - Headteacher
- Establish an effective Information Governance Framework for the school.
- Act as the executive level champion for information within the school.
- Ensure information assets and risks within the schools are managed.
- Promote compliance with statutory, regulatory and organisational information policies
- Establish a reporting and learning culture to allow the organisation to establish where problems exist and to develop strategies to prevent future problems occurring.
4.2 TheData Protection Officer’s responsibilities:(DPO)
- Offering training via e-learning and face to face if required for all school staff
- Supporting schools with the creation and updating of the Information Asset Register
- Ensuring appropriate Data Processing agreements are in place
- Serving as the point of contact between the school and GDPR Supervisory Authorities
- Monitoring performance and providing advice on the impact of data protection efforts
- Supporting schools with advice on FoI’s and Subject Access Requests
- Supporting schools and providing advice in the event of a data breach
The data protection legislation & principles set out the main responsibilities for organisations.
Personal data shall be:
1) processed lawfully, fairly and in a transparent manner in relation to individuals;
2) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposesshall not be considered to be incompatible with the initial purposes;
3) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
5) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
6) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
The ability to demonstrate compliance is a key change which everyone processing personal datamust comply
6.1 Privacy Notices-transparency of data protection
Data protection legislation states that we must have privacy notices which are specificto activity which requires personal information.
The privacy notice:
- Sets out the purposes for which we hold personal data
- Highlights that our work may require us to give information to third parties
- Provides that citizens have a right of access to the personal data that we hold about them
Being transparent and providing accessible information to individuals about how we will use their personal data is important for our organisation. The following questions must be answered when processing personal data:
What information is being collected?
Who is collecting it?
How is it collected?
Why is it being collected?
How will it be used?
Who will it be shared with?
List the identity and contact details of any data controllers
List the details of transfers outside of European Economic Area (EEA)and safeguards
What is the retention period?
Please refer to Privacy Notice templates and procedure.
6.2 Personal Data
We must process personal data fairly and lawfully in accordance with individuals’ rights.
The lawful basis for processing personal data requires that at least one of thefollowing conditions mustapply whenever you process personal data:
(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
(b) Contract: the processing is necessary for a contract you have with the individual, or becausethey have asked you to take specific steps before entering into a contract.
(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
(d) Vital interests: the processing is necessary to protect someone’s life.
(e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
(f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This does not apply topublic authoritiesprocessing data to perform official tasks.
6.3 Special Categories data
Special category data is personal data which is more sensitive, and so needs more protection.
In order to lawfully process special category data, you must identify both a lawful basis for processing personal data (see para 6.2)and a separate condition for processing special category data as outlined below.These 2 conditions do not have to be linked.There are currently ten conditions for processing special category data but additional conditions and safeguardsmay be added.You must determine your condition for processing special category data before you begin this processing, and you should document it.
In most cases where we process special categoriesdata we will require the data subject's consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
The lawful basis for processing special categories datarequires that in addition to the conditions listed in paragraph 6.2, you must also apply at least one of the following conditions whenever you process special categories data:
a) Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law.
b) Necessary for the carrying out of obligationsunder employment, social security or social protection law, or a collective agreement.
c) Necessary to protect the vital interests of a data subject who is physically or legally incapable of giving consent–this is the equivalent of the wording in the DPA.
d) Processing carried out in the course of its legitimate activities with appropriate safeguards by a not-for-profit body with a political, philosophical, religious or trade union aim provided the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without consent.
e) Data manifestly made public by the data subject.
f) Necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity.
g) Necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguarding measures–this means that Member States can extend the circumstances where sensitive data can be processed in the public interest.
h) Necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of Union or Member State law or a contract with a health professional.
i) Necessary fo rreasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of healthcare and of medicinal products or medical devices
j) Necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes
7. Accuracy and relevance
We will ensure that any personal data weprocess is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask us tocorrect inaccurate personal data relating to them.
We will make it clear to citizens that they must take reasonable steps to ensure that personal data wehold about themis accurate and updated asrequired. This will be communicated through the School’sPrivacy notice.
8. Data security
Staff, agency staff, contractors and elected members must protect personal data and keep it secure,to prevent loss or misuse. Where other organisations process personal data as a service on ourbehalf, services must liaise with the DPO to establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third party organisations.
9. Storing data securely
- In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
- Printed data should be shredded when it is no longer neededand/or confidential waste?
- Data stored on a computer should be protected by strong passwords.
- Data stored on external devicesmust be encrypted and locked away securely when they are not being used•Any cloud used to store data must have the prior approval of the Headteacher.
- Servers containing personal & special categories data must be kept in a securelocation.
- Data should be regularly backed up in line with ourbackup procedures
- Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
- All personal and special categories data stored on the company’s IT systems must be identified using the Corporate Data Classification solution and handled in line with the IT Security Policy.
10. Data retention
We must retain personal & special categories data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our Retention Schedule Guidance.
11. Information Sharing
The Data Protection Act is not a barrier to sharing information but rather provides a framework to ensure that personal information about living persons is shared appropriately. Staff should not hesitate to share personal information in order to prevent abuse or serious harm, in an emergency or in life-or-death situations.If there are concerns relating to child or adult protection issues, then the relevant procedures should be followed.
We will not normally share personal data with anyone else, but may do so where:
There is an issue with a pupil or parent/carer that puts the safety of our staff 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 our staff and pupils –for example, IT companies. When doing this, we will:
Only appoint suppliers or contractors which can provide sufficient guarantees that they comply with data protection law
Establish a data sharing agreement with the supplier or contractor, either in the contract or as a standalone agreement, 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, and information necessary to keep them safe while working with us
We will also share personal data with law enforcement and government bodies where we are legally required to do so, including for:
- The prevention or detection of crime and/or fraud
- The apprehensionor prosecution of offenders
- The assessment or collection of tax owed to HMRC
- In connection with legal proceedings
- Where the disclosure is required to satisfy our safeguarding obligations
- Research and statistical purposes, as long as personal data is sufficiently anonymised or consent has been provided
We may also share personal data with emergency services and local authorities to help them to respond to an emergency situation that affects any of our pupils or staff.Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law
12. Transferring data internationally
There are restrictions on international transfers of personal & special categories data. You must not transfer personal& special categoriesdata anywhere outside the UK without first consulting the Data Protection Officer.
13. Data Subject’s Rights
Data Protection legislationprovides the following rights for individuals:
- The right to be informed
- The right of access
- The right to rectification
- The right to erase
- The right to restrictprocessing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling.
1. The right to be informed
Individuals have the right to know that information about them is being processed. This is done through a privacy notice. The information that must be supplied is determined by whether or not the authorityobtained the personal data directly from individuals.The information you supply about the processing of personal data must be:
- concise, transparent, intelligible and easily accessible;
- written in clear and plain language, particularly if addressed to a child; and
- free of charge.
2. The right of access (subject access requests)
Individuals are entitled, subject to certain exemptions, to request access to information held about them.If you receive a subject access request, you should refer that request immediately to the Designated Service Data Protection Lead.
We will abide by any request from an individual not to use their personal data for direct marketing purposes and notify the designated service data protectionleadabout any such request.
Do not send direct marketing material to someone electronically (e.g. via email) unless you have an existing business relationship with them in relation to the services being marketed.
Please contact the DPO for advice on direct marketing before starting any new direct marketing activity.
3. Theright to Rectification
Individuals are entitled to have personal data rectified if it is inaccurate or incomplete.If the personal data in question has already been to third parties, we must inform those third parties of the rectification where possible. We must also inform the individuals about the third parties to whom the data has been disclosed where appropriate.We must respond within one month.This can be extended by two months where the request for rectification is complex.Where weare not taking action in response to a request for rectification, wemust explain why to the individual, informing them of their right to complain to the Information Commissioner Office.
4. The right to erasure (also known as the right to be forgotten)
A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.Wemust respond within one calendar month.
5. The right to restrict processing
Wewill be required to restrict the processing of personal data in the following circumstances:
- Where an individual contests the accuracy of the personal data, weshould restrict the processing until wehave verified the accuracy of the personal data.
- Where an individual has objected to the processing (where it was necessary for the performance of a public interest task or purpose of legitimate interests), and we are considering whether the authority’s legitimate grounds override those of the individual.
- When processing is unlawful and the individual opposes erasure and requests restriction instead.
- If we no longer need the personal data but the individual requires the data to establish, exercise or defend a legal claim.
- We may need to review procedures to ensure weare able to determine where you may be required to restrict the processing of personal data.
If wehave disclosed the personal data in question to third parties, wemust inform them about the restriction on the processing of the personal data, unless it is impossible or involves disproportionate effort to do so.We must inform individuals when we decide to lift a restriction on processing.
6. Theright to data portability
Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be done for free.
The right to data portability only applies:
- to personal data an individual has provided to a controller;
- where the processing is based on the individual’s consent or for the performance of a contract; and
- when processing is carried out by automated means.
7. The right to object to:
Individuals have the right to object to:
- processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
- direct marketing (including profiling); and
- processing for purposes of scientific/historical research and statistics.
8. Rights in relation to automated decision making and profiling.
Data Protection legislation makes provisions for:
- automated individual decision-making (making a decision solely by automated means without any human involvement);and
- profiling (automated processing of personal data to evaluate certain things about an individual). Profiling can be part of an automated decision-making process.
The legislation applies to all automated individual decision-making and profiling.There are additional rules to protect individuals if you are carrying out solely automated decision-making that has legal or similarly significant effects on them.You can only carry outthis type of decision-making where the decision is:
- necessary for the entry into or performance of a contract; or
- authorised by Union or Member state law applicable to the controller; or
- based on the individual’s explicit consent.
You must identify whether any of your automated decision making has legal or similarly significant effects on them.
If so, make sure that you:
- give individuals information about the processing;
- introduce simple ways for them to request human intervention or challenge a decision;
- carry out regular checks to make sure that your systems are working as intended.
14. Protection of children and vulnerable people
Where information is passed to the school concerning safeguarding,then the risk posed and the individual’s right to privacy will have to be balanced against each other.
If information received bythe school relating to any person(s) who may come into contact in any way with children and/or vulnerable persons raises concerns as to the appropriateness of the person(s) having contact with children and/or vulnerable people and/or as to the futurewell-being of suchchildrenand/or vulnerable persons, the school will consider it a dutytoshare that information. It maybe shared with any appropriate individual, company group, committee, Police Force and other Council or agencyif thebalance of risk is deemed to require the sharing of such information.
THE DEEMS THE DUTY TO SAFEGUARD VULNERABLE PEOPLE AS AN OVER-RIDING DUTY TOTHE DUTY TO PROTECT INFORMATION.
The school will ensure, where necessary, that all thepeople who will appear in aphotograph, video or web cam imageare made aware that such recording is taking place, with the exception of CCTV where signage is used to alert the public in areas where cameras are covering public space. The school will also makeclear whyit is using that person'simage, what it will be used for.
Legal guidance states that bythe age of 13 a child maybe considered to have `sufficient maturity' to understand their rights under the Act.
However, The Council and school have decided that parental/ guardian consent should be sought uptotheage of 18 years. However, the views of children aged 13 years and over should be considered.
All staff and elected members will receive e learning training on data protection. New starters will receive training as part of the induction process. Further training will be provided at least every two years or whenever there is a substantial change in the law or our policy and procedure.
Training can be accessed through the Corporate Training Programme or HWB or via School DPO.
It will cover:
- The law relating to data protection
- Data protection and related policies and procedures.
Completion of training is mandatory.
17. Privacy by design and default
Privacy by design is an approach to projects, processes or activities that promote privacy and data protection compliance from the start. The service initiatinga new project, process or activitywill be responsible for conducting a Privacy Impact screening andif necessary a full assessment.
When relevant, and when it does not have a negative impact on the data subject, privacy settings will be set to the most private by default.
18. International data transfers
12No data may be transferred outside of the European Economic Area (EEA)without first discussing it with the data protection officer.
19. Information Asset Register and data audit
Each service will havea data protection lead who is responsible for the regular review and up keep of the service information asset register. Regular data audits to manage and mitigate risks will inform the data register. The asset registercontains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention time scales that may be relevant.
20. Reporting an incident
All members of staff & elected members have an obligation to report actual or potential data protection incidents as soon as possible to the DPO. This is necessary to:
- Investigate the failure and take remedial steps if necessary
- Maintain a register of compliance failures
- If necessary, notify the Information Commissioner’s Office (ICO) within 72 hours of any compliance failures that are material either in their own right or as part of a pattern of failures.
All staff should report any incidents or suspected incidents immediately via the Data Incident Report form (on self servicearea of intranet). Please refer to our Data Incident Policyfor our reporting procedure.
PLEASE NOTE – reporting an incident is not an automatic disciplinary. It’s a supportive approach to ensure we all act responsibly, support the member of staff, and deal with the situation quickly.
If an incident isn’t reported when it should have been, this may have consequences not only for the authority but for the individual member of staff.
21. Consequences of failing to comply
The school take compliance with this policy very seriously. Failure to comply puts both individuals, the school and the authority at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our employment procedures which may result in dismissal. A failure in compliance may also lead to a fine being imposed upon the school