Data Protection Policy
Date written: May 2018.
Attendance Solutions Essex Ltd Data Protection Policy.
This policy has been updated to ensure Attendance Solutions Essex Ltd is compliant with the new General Data Protection Legislation 2018. Attendance Solutions Essex Ltd collects and uses personal and sensitive information about pupils, parents and other individuals who are on roll at schools that commission our services. Information is gathered in accordance with Section 444 of the Education Act 1996.
Consent, when it is required, is not inferred from silence, inactivity or pre-ticked boxes. Schools have 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.
Purpose This policy is intended to ensure that personal and sensitive information is dealt with correctly and securely and in accordance with the General Data Protection Regulations 2018 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.
Fair Processing / Privacy Notice.
Attendance Solutions Essex Ltd shall be transparent about the intended processing of data.
What is Personal Information? Personal information or data is defined as data which relates to a living individual who can be identified from that data, or other information held. Sensitive information is information about an identifiable individual’s health, biometric data, beliefs, ethnic origin, religious identity, sexual life or trade union membership. Staff Member Responsible: Steve Fowler (Data Protection Officer).
The Data Protection Act 1998 and General Data Protection Regulations 2018 established eight enforceable principles that must be adhered to at all times:
- Personal data shall be processed fairly and lawfully;
- Personal data shall be obtained only for one or more specified and lawful purposes;
- Personal data shall be adequate, relevant and not excessive;
- Personal data shall be accurate and where necessary, kept up to date;
- Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose or those purposes;
- Personal data shall be processed in accordance with the rights of data subjects
- Personal data shall be kept secure i.e. protected by an appropriate degree of security;
- Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of data protection.
General Statement Attendance Solutions Essex Ltd is committed to maintaining the above principles at all times and will: 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 staff are aware of and understand our policies and procedures.
The data controller will ensure that all staff members are made aware of, and understand, what constitutes a data breach as part of their continuous development training. All notifiable breaches will be reported to the Information Commissioner’s Office (ICO) within 72 hours of Attendance Solutions Essex Ltd becoming aware of it. All parties affected by a data breach will be notified of the detail of the breach and Attendance Solutions Essex Ltd response directly. The risk of the breach having a detrimental effect on the individual, and the need to notify the ICO. Complaints will be dealt with on an individual case basis.
Complaints relating to information handling may be referred to the Information Commissioner (the statutory regulator). Contacts If you have any enquires in relation to this policy, please contact firstname.lastname@example.org. Further advice and information is available from the Information Commissioner’s Office, www.ico.gov.uk or telephone 0303 123 1113.
Under the Data Protection Act 1998 and General Data Protection Regulations 2018 any individual has the right to make a request to access the personal information held about them. Actioning a subject access request
- Requests for information must be made in writing; which includes email, and be addressed to the data controller. If 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 child. Evidence of identity can be established by requesting production of:
- driving licence
- utility bills with the current address
- Birth / Marriage certificate
- Credit Card or Mortgage statement This list is not exhaustive.
3. Any individual has the right of access to information held about them. However with children, this is dependent upon their capacity to understand (normally age 12 or above) and the nature of the request. A child with competency to understand can refuse to consent to the request for their records. Where the child is not deemed to be competent an individual with parental responsibility or guardian shall make the decision on behalf of the child.
4. There is no charge for the provision of information.
5. The response time for subject access requests, once officially received, is one calendar month. However the month will not commence until after clarification of information sought.
6. The Data Protection Act 1998 and General Data Protection Regulations allow exemptions as to the provision of some information; therefore all information will be reviewed prior to disclosure.
7. Third party information is that which has been provided by another, such as the Police, Local Authority, Health Care professional or school. Before disclosing third party information consent should normally be obtained. There is still a need to adhere to the one month statutory timescale.
8.Any information which may cause serious harm to the physical or mental health or emotional condition of the pupil or another should not be disclosed, nor should information that would reveal that the child is at risk of abuse, or information relating to court proceedings.
9. 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.
10. 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. 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. Complaints about the above procedures should be made to the Data Controller.
Complaints which are not appropriate to be dealt with through the company’s complaint procedure can be dealt with by the Information Commissioner. Contact details of both will be provided with the disclosure information. Consequences of failing to comply Attendance Solutions Essex Ltd takes compliance with this policy very seriously. The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal.
Contacts If you have any queries or concerns regarding these policies please contact Steve Fowler email: email@example.com. Further advice and information can be obtained from the Information Commissioner’s Office, www.ico.gov.uk or telephone 0303 123 1113.