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Privacy and Data Protection Policy

Date of last review: May 2018

Content

  1. Definitions. 3
  2. Legal framework. 3
  3. Applicable data. 4
  4. Principles. 4
  5. Accountability. 4
  6. Data compliance officer (DCO) 5
  7. Lawful processing.. 5
  8. Consent. 6
  9. The right to be informed. 7
  10. The right of access. 7
  11. The right to rectification. 8
  12. The right to erasure. 8
  13. The right to restrict processing.. 9
  14. The right to data portability. 10
  15. The right to object. 10
  16. Privacy by design and data protection impact assessments (DPIA) 11
  17. Sharing data with third-party suppliers. 12
  18. Data breaches. 12
  19. Data security. 12
  20. Publication of information. 13
  21. CCTV and photography. 13
  22. Data retention. 14
  23. Disclosure and Barring Service (DBS) data. 14
  24. Policy review.. 14

 

1. Definitions

  • personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
  • controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
  • consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
  • personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
  • biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.
  • data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

2. Legal framework

  • This policy has due regard to legislation, including, but not limited to the following:
  • The General Data Protection Regulation (GDPR)
  • The Data Protection Act 1998
  • The Freedom of Information Act 2000
  • The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004

3. Applicable data

  • For the purpose of this policy, personal data refers to information that relates to an identifiable, living individual, including information such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. The GDPR applies to both automated personal data and to manual filing systems, where personal data is accessible according to specific criteria, as well as to chronologically ordered data and pseudonymised data, e.g. key-coded.
  • Special categories of personal data specifically include personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

4. Principles

  • In accordance with the requirements outlined in the GDPR, personal data will 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, scientific or historical research purposes or statistical purposes shall 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 will 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 archiving purposes, 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 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 and organisational measures.
  • The GDPR also requires that “the controller shall be responsible for, and able to demonstrate, compliance with the principles”.

5. Accountability

  • Studio Cambridge, hereinafter referred to as ‘the Company’, has implemented appropriate technical and organisational measures to demonstrate that data is processed in line with the principles set out in the GDPR.
  • The Company always provide comprehensive, clear and transparent privacy policies.
  • Records of activities relating to higher risk processing will be maintained, such as the processing of special categories data or that in relation to criminal convictions and offences.
  • Internal records of processing activities will include the following:
  • Description of data and its category i.e. personal or special category
  • Legal basis of the processing
  • Source of data
  • Retention schedules
  • Description of technical and organisational security measures
  • Details of transfers to third parties
  • The Company implement measures that meet the principles of data protection by design and data protection by default, such as:
  • Data minimisation
  • Pseudonymisation
  • Transparency
  • Allowing individuals to monitor processing
  • Continuously creating and improving security features
  • Data protection impact assessments (DPIA) will be used, where appropriate.
  • Prior to sharing data with a third party supplier, a data processing agreement will be signed with the supplier.

6. Data compliance officer (DCO)

  • The DCO will:
  • Inform and advise the Company and its employees about their obligations to comply with the GDPR and other data protection laws.
  • Monitor the Company’s compliance with the GDPR and other laws, including managing internal data protection activities, advising on data protection impact assessments, conducting internal audits, and providing the required training to staff members.
  • An existing employee with professional experience and knowledge of data protection law is appointed to the role of DCO.
  • The DCO operates independently and will not be dismissed or penalised for performing their task.
  • Sufficient resources will be provided to the DCO to enable them to meet their GDPR obligations.

7. Lawful processing

  • The legal basis for processing data will be identified and documented prior to data being processed.
  • Under the GDPR, data will be lawfully processed if and to the extent that at least one of the following applies:
  • The consent of the data subject has been obtained – ‘consent’.
  • Processing is necessary for:
    • Compliance with a legal obligation – ‘compliance’.
    • For the performance of a contract with the data subject or to take steps to enter into a contract – ‘contract’.
    • Protecting the vital interests of a data subject or another person – ‘vital’.
    • The performance of a task carried out in the public interest or in the exercise of official authority vested in the controller – ‘public interest’.
    • For the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject – ‘legitimate interest’.
  • Special categories of personal data will only be processed if one of the following applies:
  • Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law.
  • Processing relates to personal data manifestly made public by the data subject.
  • Processing is necessary for:
  • Carrying out obligations under employment, social security or social protection law, or a collective agreement.
  • Protecting the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent.
  • The establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity.
  • Reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards.
  • The purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of Union or Member State law or a contract with a health professional.

8. Consent

  • Consent must be a positive indication. It cannot be inferred from silence, inactivity or pre-ticked boxes.
  • Consent will only be accepted where it is freely given, specific, informed and an unambiguous indication of the individual’s wishes.
  • Where consent is given, a record will be kept documenting how and when consent was given.
  • The Company ensures that consent mechanisms meet the standards of the GDPR. Where the standard of consent cannot be met, an alternative legal basis for processing the data must be found, or the processing must cease.
  • Consent accepted under the Data Protection Act (DPA) 1998 will be reviewed to ensure it meets the standards of the GDPR; however, acceptable consent obtained under the DPA will not be re-obtained.
  • Consent can be withdrawn by the individual at any time.
  • Consent for students under 13 years of age will be taken from their parents or legal guardian and as soon as they reach 13, from students themselves.

9. The right to be informed

  • The privacy notice supplied to individuals in regards to the processing of their personal data will be written in clear, plain language which is concise, transparent, easily accessible and free of charge.
  • If services are offered directly to a child, the Company will ensure that the privacy notice is written in a clear, plain manner that the child will understand.
  • In relation to data obtained both directly from the data subject and not obtained directly from the data subject, the following information will be supplied within the privacy notice:
  • The identity and contact details of the controller, and where applicable, the controller’s representative and the Data Compliance Officer (DCO).
  • The purpose of, and the legal basis for, processing the data.
  • The legitimate interests of the controller or third party.
  • Any recipient or categories of recipients of the personal data.
  • Details of transfers to third countries and the safeguards in place.
  • The retention period and criteria used to determine the retention period.
  • The existence of the data subject’s rights, including the right to:
    • Withdraw consent at any time.
    • Lodge a complaint with a supervisory authority.
  • The existence of automated decision making, if any, including profiling, how decisions are made, the significance of the process and the consequences.
  • Where data is not obtained directly from the data subject, information regarding the source the personal data originates from and whether it came from publicly accessible sources, will be provided to the data subject.
  • For data obtained directly from the data subject, the information noted in clause 9.3 will be supplied at the time the data is obtained.
  • In relation to data that is not obtained directly from the data subject, the information noted in clauses 9.3 and 9.4 will be supplied:
  • Within one month of having obtained the data.
  • If disclosure to another recipient is envisaged, at the latest, before the data are disclosed.
  • If the data are used to communicate with the individual, at the latest, when the first communication takes place.

10. The right of access

  • Individuals have the right to obtain confirmation that their data is being processed.
  • Individuals have the right to submit a subject access request (SAR) to gain access to their personal data in order to verify the lawfulness of the processing.
  • The Company will verify the identity of the person making the request before any information is supplied.
  • A copy of the information will be supplied to the individual free of charge; however, the Company may impose a ‘reasonable fee’ to comply with requests for further copies of the same information.
  • Where a SAR has been made electronically, the information will be provided in a commonly used electronic format.
  • Where a request is manifestly unfounded, excessive or repetitive, a reasonable fee will be charged.
  • All fees will be based on the administrative cost of providing the information.
  • All requests will be responded to without delay and at the latest, within one month of receipt.
  • In the event of numerous or complex requests, the period of compliance will be extended by a further two months. The individual will be informed of this extension, and will receive an explanation of why the extension is necessary, within one month of the receipt of the request.
  • Where a request is manifestly unfounded or excessive, the Company holds the right to refuse to respond to the request. The individual will be informed of this decision and the reasoning behind it, as well as their right to complain to the supervisory authority and to a judicial remedy, within one month of the refusal.
  • In the event that a large quantity of information is being processed about an individual, the Company will ask the individual to specify the information the request is in relation to.

11. The right to rectification

  • Individuals are entitled to have any inaccurate or incomplete personal data rectified.
  • Where the personal data in question has been disclosed to third parties, the Company will inform them of the rectification where possible.
  • Where appropriate, the Company will inform the individual about the third parties that the data has been disclosed to.
  • Requests for rectification will be responded to within one month; this will be extended by two months where the request for rectification is complex.
  • Where no action is being taken in response to a request for rectification, the Company will explain the reason for this to the individual, and will inform them of their right to complain to the supervisory authority and to a judicial remedy.

12. The right to erasure

  • Individuals hold the right to request the deletion or removal of personal data where there is no compelling reason for its continued processing.
  • Individuals have the right to erasure in the following circumstances:
  • Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed
  • When the individual withdraws their consent
  • When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing
  • The personal data was unlawfully processed
  • The personal data is required to be erased in order to comply with a legal obligation
  • The personal data is processed in relation to the offer of information society services to a child
  • The Company has the right to refuse a request for erasure where the personal data is being processed for the following reasons:
  • To exercise the right of freedom of expression and information
  • To comply with a legal obligation for the performance of a public interest task or exercise of official authority
  • For public health purposes in the public interest
  • For archiving purposes in the public interest, scientific research, historical research or statistical purposes
  • The exercise or defence of legal claims
  • As a child may not fully understand the risks involved in the processing of data when consent is obtained, special attention will be given to existing situations where a child has given consent to processing and they later request erasure of the data, regardless of age at the time of the request.
  • Where personal data has been disclosed to third parties, they will be informed about the erasure of the personal data, unless it is impossible or involves disproportionate effort to do so.
  • Where personal data has been made public within an online environment, the Company will inform other organisations who process the personal data to erase links to and copies of the personal data in question.

13. The right to restrict processing

  • Individuals have the right to block or suppress the Company’s processing of personal data.
  • In the event that processing is restricted, the Company will store the personal data, but not further process it, guaranteeing that just enough information about the individual has been retained to ensure that the restriction is respected in future.
  • The Company will restrict the processing of personal data in the following circumstances:
  • Where an individual contests the accuracy of the personal data, processing will be restricted until the Company has verified the accuracy of the data
  • Where an individual has objected to the processing and the Company is considering whether their legitimate grounds override those of the individual
  • Where processing is unlawful and the individual opposes erasure and requests restriction instead
  • Where the Company no longer needs the personal data but the individual requires the data to establish, exercise or defend a legal claim
  • If the personal data in question has been disclosed to third parties, the Company will inform them about the restriction on the processing of the personal data, unless it is impossible or involves disproportionate effort to do so.
  • The Company will inform individuals when a restriction on processing has been lifted.

14. The right to data portability

  • Individuals have the right to obtain and reuse their personal data for their own purposes across different services.
  • Personal data can be easily moved, copied or transferred from one IT environment to another in a safe and secure manner, without hindrance to usability.
  • The right to data portability only applies in the following cases:
  • To personal data that an individual has provided to a controller
  • Where the processing is based on the individual’s consent or for the performance of a contract
  • When processing is carried out by automated means
  • Personal data will be provided in a structured, commonly used and machine-readable form.
  • The Company will provide the information free of charge.
  • Where feasible, data will be transmitted directly to another organisation at the request of the individual.
  • The Company is not required to adopt or maintain processing systems which are technically compatible with other organisations.
  • In the event that the personal data concerns more than one individual, the Company will consider whether providing the information would prejudice the rights of any other individual.
  • The Company will respond to any requests for portability within one month.
  • Where the request is complex, or a number of requests have been received, the timeframe can be extended by two months, ensuring that the individual is informed of the extension and the reasoning behind it within one month of the receipt of the request.
  • Where no action is being taken in response to a request, the Company will, without delay and at the latest within one month, explain to the individual the reason for this and will inform them of their right to complain to the supervisory authority and to a judicial remedy.

15. The right to object

  • The Company will inform individuals of their right to object at the first point of communication, and this information will be outlined in the privacy notice and explicitly brought to the attention of the data subject, ensuring that it is presented clearly and separately from any other information.
  • Individuals have the right to object to the following:
  • Processing based on legitimate interests or the performance of a task in the public interest
  • Direct marketing
  • Processing for purposes of scientific or historical research and statistics.
  • Where personal data is processed for the performance of a legal task or legitimate interests:
  • An individual’s grounds for objecting must relate to his or her particular situation.
  • The Company will stop processing the individual’s personal data unless the processing is for the establishment, exercise or defence of legal claims, or, where the Company can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual.
  • Where personal data is processed for direct marketing purposes:
  • The Company will stop processing personal data for direct marketing purposes as soon as an objection is received.
  • The Company cannot refuse an individual’s objection regarding data that is being processed for direct marketing purposes.
  • Where personal data is processed for research purposes:
  • The individual must have grounds relating to their particular situation in order to exercise their right to object.
  • Where the processing of personal data is necessary for the performance of a public interest task, the Company is not required to comply with an objection to the processing of the data.
  • Where the processing activity is outlined above, but is carried out online, the Company will offer a method for individuals to object online.

16. Privacy by design and data protection impact assessments (DPIA)

  • The Company will act in accordance with the GDPR by adopting a privacy by design approach and implementing technical and organisational measures which demonstrate how the Company has considered and integrated data protection into processing activities.
  • Data protection impact assessments (DPIAs) will be used when necessary to identify the most effective method of complying with the Company’s data protection obligations and meeting individuals’ expectations of privacy.
  • DPIAs will allow the Company to identify and resolve problems at an early stage, thus reducing associated costs and preventing damage from being caused to the Company’s reputation which might otherwise occur.
  • A DPIA will be used when using new technologies or when the processing is likely to result in a high risk to the rights and freedoms of individuals.
  • A DPIA will be used for more than one project, where necessary.
  • High risk processing includes, but is not limited to, the following:
  • Systematic and extensive processing activities, such as profiling
  • Large scale processing of special categories of data or personal data which is in relation to criminal convictions or offences
  • The Company will ensure that all DPIAs include the following information:
  • A description of the processing operations and the purposes
  • An assessment of the necessity and proportionality of the processing in relation to the purpose
  • An outline of the risks to individuals
  • The measures implemented in order to address risk
  • Where a DPIA indicates high risk data processing, the Company will consult the ICO to seek its opinion as to whether the processing operation complies with the GDPR.

17. Sharing data with third party suppliers

  • The Company will sign data processing agreements with all third party suppliers before any data is transferred to the supplier.
  • The Company will ensure that the supplier has completed a data protection impact assessment (DPIA), if necessary, prior to transfer of any data.

18. Data breaches

  • The term ‘personal data breach’ refers to a breach of security which has led to the destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
  • The DCO will ensure that all staff members are made aware of, and understand, what constitutes as a data breach as part of their continuous development training.
  • Where a breach is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed.
  • All notifiable breaches will be reported to the relevant supervisory authority within 72 hours of the Company becoming aware of it.
  • The risk of the breach having a detrimental effect on the individual, and the need to notify the relevant supervisory authority, will be assessed on a case-by-case basis.
  • In the event that a breach is likely to result in a high risk to the rights and freedoms of an individual, the Company will notify those concerned directly.
  • A ‘high risk’ breach means that the threshold for notifying the individual is higher than that for notifying the relevant supervisory authority.
  • Effective and robust breach detection, investigation and internal reporting procedures are in place at the Company, which facilitate decision-making in relation to whether the relevant supervisory authority or the public need to be notified.
  • Within a breach notification, the following information will be outlined:
  • The nature of the personal data breach, including the categories and approximate number of individuals and records concerned
  • The name and contact details of the DCO
  • An explanation of the likely consequences of the personal data breach
  • A description of the proposed measures to be taken to deal with the personal data breach
  • Where appropriate, a description of the measures taken to mitigate any possible adverse effects
  • Failure to report a breach when required to do so will result in a fine, as well as a fine for the breach itself.

19. Data security

  • Confidential paper records will be kept in a locked room, filing cabinet, drawer or safe, with restricted access.
  • Confidential paper records will not be left unattended or in clear view anywhere with general access.
  • Digital data is coded, encrypted or password-protected, both on a local hard drive and on a network drive that is regularly backed up off-site.
  • Where data is saved on removable storage or a portable device, the device will be kept in a locked filing cabinet, drawer or safe when not in use.
  • Memory sticks will not be used to hold personal information unless they are password-protected and fully encrypted.
  • All electronic devices are password-protected to protect the information on the device in case of theft.
  • Where possible, the Company enables electronic devices to allow the remote blocking or deletion of data in case of theft.
  • Staff will not use their personal laptops or computers for Company purposes.
  • All necessary members of staff are provided with their own secure login and password, and every computer regularly prompts users to change their password.
  • When sending confidential information by fax, staff will always check that the recipient is correct before sending.
  • Where personal information that could be considered private or confidential is taken off the premises, either in electronic or paper format, staff will take extra care to follow the same procedures for security, e.g. keeping devices under lock and key. The person taking the information from the Company premises accepts full responsibility for the security of the data.
  • Before sharing data, all staff members will ensure:
  • They are allowed to share it.
  • That adequate security is in place to protect it.
  • Who will receive the data has been outlined in a privacy notice.
  • Under no circumstances are visitors allowed access to confidential or personal information. Visitors to areas of the Company containing sensitive information are supervised at all times.
  • The physical security of the Company’s buildings and storage systems, and access to them, is reviewed on a yearly basis. If an increased risk in vandalism/burglary/theft is identified, extra measures to secure data storage will be put in place.
  • The Company takes its duties under the GDPR seriously and any unauthorised disclosure may result in disciplinary action.

20. Publication of information

  • The Company will not publish any personal information, including photos, on its website without the permission of the affected individual.
  • When uploading information to the Company website, staff are considerate of any metadata or deletions which could be accessed in documents and images on the site.

21. CCTV and photography

  • The Company understands that recording images of identifiable individuals constitutes as processing personal information, so it is done in line with data protection principles.
  • The Company notifies all students, staff and visitors of the purpose for collecting CCTV images via notice boards, letters or email.
  • Cameras are only placed where they do not intrude on anyone’s privacy and are necessary to fulfil their purpose.
  • All CCTV footage will be kept for a minimum length of time for security purposes.
  • The Company will always indicate its intentions for taking photographs of students and will retrieve permission before publishing them.
  • If the Company wishes to use images/video footage of students in a publication, such as the Company website or brochures, written consent will be sought for the particular usage.
  • Precautions are taken when publishing photographs of students in print, video or on the Company website.
  • Images and videos captured by an individual for the purposes of that individual’s personal, family or household affairs are exempt from the GDPR.

22. Data retention

  • Data will not be kept for longer than is necessary.
  • Unrequired data will be deleted as soon as practicable.
  • Some educational records relating to former students or employees of the Company may be kept for an extended period for legal reasons, but also to enable the provision of references or academic transcripts.
  • Paper documents will be shredded, and electronic memories scrubbed clean or destroyed, once the data should no longer be retained.

23. Disclosure and Barring Service (DBS) data

  • All data provided by the DBS will be handled in line with data protection legislation; this includes electronic communication.
  • Data provided by the DBS will never be duplicated.
  • Any third parties who access DBS information will be made aware of the data protection legislation, as well as their responsibilities as a data handler.

24. Policy review

  • This policy is reviewed every two years by the DCO.

The next scheduled review date for this policy is May 2020.

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