Policy Statement
IBS TRAINING AND DEVELOPMETN LTD will ensure that the confidentiality rights of learners and staff are respected. To this end all staff and learners are required to abide by the Data Protection Policy in compliance with the 1998 Data Protection Act.
Policy
IBS TRAINING AND DEVELOPMETN LTD has a policy and procedures regarding data protection. The policy adheres to all aspects of the Data Protection Act 1998.
Introduction
IBS TRAINING AND DEVELOPMETN LTD needs to keep certain information about its employees, learners and other users to allow it to monitor, for example, performance, achievements, and health and safety. It is also necessary to process information so that staff can be recruited and paid, courses organised and legal obligations to funding bodies and government fulfilled. To comply with the law, information must be collected and used fairly, stored safety and not disclosed to any other person unlawfully. To do this, IBS TRAINING AND DEVELOPMETN LTD must comply with the 8 Data Protection Principles which are set out in the Data Protection Act 1998 (the 1998 Act). In summary these state that personal data shall:
Be obtained and processed fairly and lawfully and shall not be processed unless certain conditions are met.
Be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with that purpose.
Be adequate, relevant and not excessive for those purposes.
Be accurate and kept up to date.
Not be kept for longer than is necessary for that purpose.
Be processed in accordance with the data subject’s rights.
Be kept safe from unauthorised access, accidental loss or destruction.
Not be transferred to a country outside the European Economic Area, unless that country has equivalent levels of protection for personal data.
All IBS TRAINING AND DEVELOPMETN LTD staff or others who process or use any personal information must ensure that they follow these principles at all times. In order to ensure that this happens, IBS TRAINING AND DEVELOPMETN LTD has adopted this Data Protection Policy.
Status of the Policy
This policy does not form part of the formal contract of employment, but it is a condition of employment that employees will abide by the rules and policies made by IBS TRAINING AND DEVELOPMETN LTD from time to time. Any failures to follow the policy can therefore result in disciplinary proceedings. Any member of staff, who considers that the policy has not been followed in respect of personal data about him/herself, should raise the matter with one of the designated data controllers initially. If the matter is not resolved it should be raised as a formal grievance.
Notification of Data Held and Processed
All staff, learners and other users are entitled to:
Know what information IBS TRAINING AND DEVELOPMETN LTD holds and processes about them and why.
Know how to gain access to it.
Know how to keep it up to date.
Know what IBS TRAINING AND DEVELOPMETN LTD is doing to comply with its obligations under the 1998 Act.
Responsibilities of Staff
All staffs are responsible for:
Checking that any information that they provide to IBS TRAINING AND DEVELOPMETN LTD in connection with their employment is accurate and up to date.
Informing IBS TRAINING AND DEVELOPMETN LTD of any changes to information, which they have provided, i.e. changes of address;
Checking the information that IBS TRAINING AND DEVELOPMETN LTD will send out from time to time, giving details of information kept and processed about staff;
Informing IBS TRAINING AND DEVELOPMETN LTD of any errors or changes. IBS TRAINING AND DEVELOPMETN LTD cannot be held responsible for any errors unless the staff member has informed IBS TRAINING AND DEVELOPMETN LTD of them.
If and when, as part of their responsibilities, staff collect information about other people, (i.e. about learner’s course work, opinions about ability, references to external organisations, or details of personal circumstances), they must comply with the guidelines for staff.
Data Security
All staff are responsible for ensuring that:
Any personal data which they hold is kept securely.
Personal information is not disclosed either orally or in writing or accidentally or otherwise to any unauthorised third party. Staff should note that unauthorised disclosure will usually be a disciplinary matter, and may be considered gross misconduct in some cases.
Personal information should be:
Kept in a locked filing cabinet; or
In a locked drawer; or
If it is computerised , be password protected; or
Kept only on disk which is itself kept securely.
Learner Obligations
Learners must ensure that all personal data provided to IBS TRAINING AND DEVELOPMETN LTD is accurate and up to date. They must ensure that changes of address, etc are notified.
Rights to Access Information
Staff, learners and other users of IBS TRAINING AND DEVELOPMETN LTD have the right to access any personal data that is being kept about them either on computer or in certain files. Any learner who wishes to exercise this right should inform their tutor.
IBS TRAINING AND DEVELOPMETN LTD aims to comply with requests for access to personal information as quickly as possible, but will ensure that it is provided within 21 days unless there is good reason for delay. In such cases, the reason for delay will be explained in writing to the data subject making the request.
Subject Consent
In many cases, IBS TRAINING AND DEVELOPMETN LTD can only process personal data with the consent of the individual. In some cases, if the data is sensitive, express consent must be obtained. Agreement to IBS TRAINING AND DEVELOPMETN LTD processing some specified classes of personal data is a condition of acceptance of a student onto any course, and a condition of employment for staff. This includes information about previous criminal convictions.
Some jobs or courses will bring the applicants into contact with children, including young people between the ages of 16 and 18. IBS TRAINING AND DEVELOPMETN LTD has a duty under the Children Act and other enactments to ensure that staffs are suitable for the job, and learners for the courses offered. IBS TRAINING AND DEVELOPMETN LTD also has a duty of care to all staff and learners and must therefore make sure that employees do not pose a threat or danger to other users.
Processing Sensitive Information
Sometimes it is necessary to process information about a person’s health, criminal convictions, race and gender and family details. This may be to ensure IBS TRAINING AND DEVELOPMETN LTD is a safe place for everyone, or to operate other policies, such as the sick pay policy or equal opportunities policy.
Because this information is considered sensitive, and it is recognised that the processing of it may cause particular concern or distress to individuals, staff and learners will be asked to give express consent for IBS TRAINING AND DEVELOPMETN LTD to do this. Therefore, all prospective staff will be asked to give their consent to processing sensitive data on the appropriate forms: Application Form and Equal Opportunities Monitoring Form.
Retention of Data
IBS TRAINING AND DEVELOPMETN LTD will keep some forms of information for longer than others. In general information about staff and learners will be kept for a minimum of six years after they leave London Vocational College.
Compliance with the 1998 Act is the responsibility of all members of IBS TRAINING AND DEVELOPMETN LTD staff. Any deliberate breach of the data protection policy may lead to disciplinary action being taken, or access to IBS TRAINING AND DEVELOPMETN LTD facilities being withdrawn, or even a criminal prosecution. Any questions or concerns about the interpretation or operation of this policy should be taken up with the Data Controller, who is responsible for determining the purposes for and manner in which personal data is processed.