Data Protection Policy
Everyone has rights with regard to how their personal information is handled. During the course of our activities we will collect, store and process personal information about our Employees and learners, and we recognise the need to treat it in an appropriate and lawful manner.
The types of information that we may be required to handle include details of current, past and prospective employees, learners, suppliers and others that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations. The Act imposes restrictions on how we may use that information.
This policy has been prepared in accordance with the Data Protection Act 1998 and in anticipation in relation to General Data Protection Regulations (GDPR) provisions coming into force by 25th May 2018.
Status of the policy
This policy sets out our rules on data protection and the legal conditions that must be satisfied in relation to the obtaining, handling, processing, storage, transportation and destruction of personal information.
The Managing Director is responsible for ensuring compliance with the Act and with this policy in respect of learner and employer information and for employee information. Any questions or concerns about the operation of this policy from Employees should be referred in the first instance to either depending on the nature of the enquiry.
If you consider that our provisions for complying with the Act have not been followed in respect of personal data about yourself or others you should raise the matter with your line manager or either of the above.
Definition of data protection terms
Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.
Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as a performance appraisal).
Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They have a responsibility to establish practices and policies in line with the Act. We are the data controller of all personal data used in our business.
Data users include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.
Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.
Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, and will usually require the express consent of the person concerned.
Data protection principles
Under the GDPR which came into force from 25th May 2018, the data protection principles set out the main responsibilities for organisations; article 5 of the GDPR requires that personal data shall be:
Processed lawfully, fairly and in a transparent manner in relation to individuals
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 purposes will not be considered to be incompatible with the initial purposes
Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
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
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 achieving 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 the individuals
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
We must ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data. Data subjects may apply to the courts for compensation if they have suffered damage from such a loss.
The Act requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data may only be transferred to a third-party data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
Maintaining data security means guaranteeing the confidentiality, integrity and availability of the personal data, defined as follows:
Confidentiality means that only people who are authorised to use the data can access it.
Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system instead of individual PCs.
Security procedures include but are not exhaustive:
Entry controls. Any stranger seen in entry-controlled areas should be reported.
Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind.
Methods of disposal. Paper documents should be shredded or placed in the confidential waste bin. Digital storage devices should be physically destroyed when they are no longer required.
Equipment. Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Dealing with subject access requests
Under Data Protection Rules employees and learners (data subjects) have rights in relation to their information and have the right to request from us access to their own personal information.
A formal request from a data subject for information that we hold about them must be made in writing. A fee can be payable by the data subject for provision of this information. Any employee who receives a written request should forward it to the Director of HR or Head of Data & MIS immediately.
From 25th May 2018 and to comply with the GDPR, Privacy Notices will come into force and will be issued to all employees, leavers and job applicants. The Privacy notice will set out information on how and why 1st Care Training Learning processes personal information about the people who work for us and their rights in relation to that information. Under Data protection laws 1st Care Training Learning are the “data Controller” of personal information held about staff and also learners.
Providing information over the telephone and by email
Any employee dealing with telephone enquiries should be careful about disclosing any personal information held by us. In particular they should:
Check the caller's identity to make sure that information is only given to a person who is entitled to it.
Suggest that the caller put their request in writing if they are not sure about the caller's identity and where their identity cannot be checked.
Refer to the Centre Manager or Managing Director in difficult situations. No-one should be bullied into disclosing personal information.