Develop Your Staff Ltd (hereinafter referred to as “DYS”) is committed to protecting the rights and privacy of individuals, including learners, staff and others, in accordance with the General Data Protection Regulation (hereinafter referred to as “the GDPR”) May 2018.
The new regulatory environment demands higher transparency and accountability in how DYS manages and uses personal data. It also accords new and stronger rights for individuals to understand and control that use. The GDPR contains provisions that DYS will need to be aware of as data controllers, including provisions intended to enhance the protection of learners’ personal data.
We must ensure that DYS privacy notices are written in a clear, plain way that learners and staff will understand.
To comply with various legal obligations, including the obligations imposed on it by the GDPR, DYS must ensure that all this information about individuals is collected and used fairly, stored safely and securely, and not disclosed to any third party unlawfully.
In order to comply with its obligations, DYS undertakes to adhere to the eight principles:
DYS will make all reasonable efforts, where necessary, to ensure that data subjects are informed of the identity of the data controller, the purposes of the processing, any disclosures to third parties that are envisaged, given an indication of the period for which the data will be kept, and any other information which may be relevant.
DYS will ensure that the reason for which it collected the data originally is the only reason for which it processes those data, unless the individual is informed of any additional processing before it takes place.
DYS will not seek to collect any personal data which is not strictly necessary for the purpose for which it was obtained. If any irrelevant data is given by individuals, it will be destroyed immediately.
DYS will review and update all data on a regular basis. It is the responsibility of the individuals giving their personal data to ensure that this is accurate, and each individual should notify DYS if, for example, a change in circumstances mean that the data needs to be updated. It is the responsibility of DYS to ensure that any notification regarding the change is noted and acted on.
DYS undertakes not to retain personal data for longer than is necessary to ensure compliance with the GDPR, and any other statutory requirements. This means:
DYS will undertake a regular review of the information held and implement a weeding process.
DYS will dispose of any personal data in a way that protects the rights and privacy of the data subject (e.g. secure electronic deletion, shredding and disposal of hard copy files as confidential waste). A log will be kept of the records destroyed.
Individuals have various rights under the legislation including a right to:
DYS will only process personal data in accordance with individuals’ rights.
All members of staff are responsible for ensuring that any personal data which they hold is kept securely and not disclosed to any unauthorised third parties. DYS will ensure that all personal data is accessible only to those who have a valid reason for accessing it.
DYS will have in place appropriate security measures e.g. ensuring that hard copy personal data is kept in lockable filing cabinets/cupboards or archive rooms with controlled access:
In addition, DYS will put in place appropriate measures for the deletion of personal data – manual records will be shredded or disposed of as ‘confidential waste’ and appropriate contract terms will be put in place with any third parties undertaking this work. Hard drives of redundant PCs will be wiped clean before disposal or, if that is not possible, destroyed physically. A log will be kept of the records destroyed.
This policy also applies to staff and students who process personal data ‘off-site’, e.g. when working at home, and in circumstances additional care must be taken regarding the security of the data.
DYS will not transfer data to such territories without the explicit consent of the individual.
This also applies to publishing information on the internet – because transfer of data can include placing data on a website that can be accessed from outside the EEA – so DYS will always seek the consent of individuals before placing any personal data (including photographs) on its website.
If DYS collects personal data in any form via its website, it will provide a clear and detailed privacy statement prominently on the website, and wherever else personal data is collected.
This policy applies to all staff at DYS. Any breach of this policy or of the GDPR itself will be considered an offence and DYS’s disciplinary procedure will be invoked.
As a matter of best practice, other agencies and individuals working with DYS and who have access to personal information, will be expected to read and comply with this policy.
The GDPR comes in to force on the 25 May 2018. It regulates the storing, processing and destruction of personal data and protects the rights and privacy of all living individuals (including children).
Personal data is information relating to an individual and may be in hard or soft copy (paper/manual files; electronic records; photographs; CCTV images), and may include facts or opinions about a person.