Data protection policy
DATE CREATED: September 2014
DATE REVIEWED: November 2020
DATE OF NEXT REVIEW: November 2021
Alert Training UK Ltd (hereafter “the company”) collects and uses personal information about staff, learners, employers and other individuals who come into contact with the company. This information is gathered to enable it to provide education and other associated functions. In addition, there may be a legal requirement to collect and use information to ensure that the company complies with its statutory obligations. The company has a duty to be registered, as Data Controllers, with the Information Commissioner’s Office (ICO) detailing the information held and its use. These details are then available on the ICO’s website. The company also has a duty to issue a Fair Processing Notice to all learners, this summarises the information held on learners, why it is held and the other parties to whom it may be passed on.
1. PURPOSE:
This policy is intended to ensure that personal information is dealt with correctly and securely and in accordance with the Data Protection Act 1998 & 2003, and other related legislation. It will apply to information regardless of the way it is collected, used, recorded, stored and destroyed, and irrespective of whether it is held in paper files or electronically. All staff involved with the collection, processing and disclosure of personal data will be aware of their duties and responsibilities by adhering to these guidelines.
2. SCOPE/OBJECTIVE:
The company is committed to maintaining the above principles at all times. Therefore, the company will:
Inform individuals why the information is being collected when it is collected
Inform individuals when their information is shared, and why and with whom it was shared
Check the quality and the accuracy of the information it holds
Ensure that information is not retained for longer than is necessary
Ensure that when obsolete information is destroyed that it is done so appropriately and securely
Ensure that clear and robust safeguards are in place to protect personal information from loss, theft and unauthorised disclosure, irrespective of the format in which it is recorded
Share information with others only when it is legally appropriate to do so
Set out procedures to ensure compliance with the duty to respond to requests for access to personal information, known as Subject Access Requests
Ensure our staff are aware of and understand our policies and procedures
Complaints – Complaints will be dealt with in accordance with the company complaints policy. Complaints relating to information handling may be referred to the Information Commissioner (the statutory regulator).
3. DEFINITION:
Controls how your personal information is used by organisations, businesses or the government. Everyone responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is: used fairly and lawfully.
4. PROCEDURE – (Actions/implementation):
Rights of access to information:
There are two distinct rights of access to information held by the company about learners.
Under the Data Protection Act 1998 & 2003 any individual has the right to make a request to access the personal information held about them.
The right of those entitled to have access to curricular and educational records as defined within the Education (Pupil Information) (England) Regulations 2005
These procedures relate to subject access requests made under the Data Protection Act 1998.
Actioning a subject access request:
Requests for information must be made in writing; which includes email, and be addressed to Damon Saddler. The initial request does not clearly identify the information required, then further enquiries will be made.
The identity of the requestor must be established before the disclosure of any information, and checks should also be carried out regarding proof of relationship to the learner. Evidence of identity can be established by requesting production of:
passport
driving licence
utility bills with the current address
Birth / Marriage certificate
P45/P60
Credit Card or Mortgage statement
Any individual has the right of access to information held about them.
The company may make a charge for the provision of information, dependent upon the following:
Should the information requested contain the educational record then the amount charged will be dependent upon the number of pages provided.
Should the information requested be personal information that does not include any information contained within educational records the company can charge up to £10 to provide said information.
If the information requested is only the educational record viewing will be free, but a charge not exceeding the cost of copying the information can be made by the company.
The response time for subject access requests, once officially received, is 40 calendar days. However the 40 days will not commence until after receipt of fees or clarification of information sought
The Data Protection Act 1998 allows exemptions as to the provision of some information; therefore all information will be reviewed prior to disclosure.
Third party information is that which has been provided by another, such as the Police, Local Authority, Health Care professional or another educational institution. Before disclosing third party information consent should normally be obtained. There is still a need to adhere to the 40 day statutory timescale.
Any information which may cause serious harm to the physical or mental health or emotional condition of the learner or another should not be disclosed, nor should information that would reveal that the learner is at risk of abuse, or information relating to court proceedings.
If there are concerns over the disclosure of information then additional advice should be sought.
Where redaction (information blacked out/removed) has taken place then a full copy of the information provided should be retained in order to establish, if a complaint is made, what was redacted and why.
Information disclosed should be clear, thus any codes or technical terms will need to be clarified and explained. If information contained within the disclosure is difficult to read or illegible, then it should be retyped.
Information can be provided at the company office with a member of staff on hand to help and explain matters if requested, or provided at face to face handover.
The views of the applicant should be taken into account when considering the method of delivery. If postal systems have to be used then registered/recorded mail must be used.
5. POSSIBLE ACTIONS TAKEN BY THE COMPANY:
Internal disciplinary action may be taken if staff do not adhere to the said policy and procedure.
6. ASSOCIATED DOCUMENTS (Linked policies etc.)
Data Protection Act 1998 & 2003
On Line Safety
Quality Policy
Risk Assessment Management Policy
Malpractice, Mal-Administration Plagiarism Policy
Safeguarding & Prevent Policy