DATA PROTECTION. 1. Policy Statement

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1 DATA PROTECTION 1. Policy Statement 1.1 The College takes all necessary steps to ensure that personal data held by the College about its employees, students, customers, suppliers and all other individuals is processed fairly and lawfully. 1.2 The College ensures that all relevant statutory requirements are complied with and that internal procedures are monitored periodically to ensure compliance. 1.3 The College will implement and comply with the eight Data Protection Principles contained in the Data Protection Act 1998 ( the Act ) which promotes good conduct in relation to processing personal information. These Principles are: Personal data shall be processed fairly and lawfully Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed Personal data shall be accurate and, where necessary, kept up to date Personal data processed for any purpose or purposes 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 under the Act Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction or, damage to, personal data 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 protection for the rights and freedoms of data subjects in relation to the processing of personal data. 1.4 The College s Data Protection Compliance Officer is the Head of MIS, Steven Phillips. He will have delegated responsibility for student records and can be contacted at steven.phillips@ksep.ac.uk for any enquiries. The person having overall responsibility for data protection is the Vice Principal Head of College. 2. Data Usage The College is required to collect data from individuals and companies it deals with, some of which may be personal. It will store this data carefully and will not disclose it to anyone without a valid reason within the legislation. 1

2 DATA PROTECTION ACT 1998 STUDENT DATA Personal information relating to individual students may be processed by the College for the following purposes: Engaging with placement providers Promoting the College Providing references (e.g. to prospective employers) Supporting medical conditions which may affect attendance on a programme of study Providing for specific learning needs Assisting in finance and welfare activities Reporting for Government statistical purposes Discipline and grievance actions Invoicing for fees etc. Claiming funding from statutory bodies Arrangements for travel/visits by students Academic matters, e.g. registration, assessment, attendance, certification, etc. Equal opportunities monitoring Membership of library/loans Counselling, guidance and careers Health and safety compliance and liabilities Site security (including ID cards and photographs). This data may be passed (as appropriate) to: Awarding bodies Student Loans Company Statutory Government bodies Local Authorities College Medical Advisor Internal and external auditors Employers/sponsors Placement providers Franchise organisations Parents/Guardians/Next of Kin University and Colleges Admissions Service (UCAS) Police requests/checks. 3. Data Security All staff are responsible for ensuring that: Any personal data which they hold is kept securely Personal information is not disclosed orally, electronically or in writing, accidentally or otherwise to any unauthorised third party. 2

3 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 drawer if it is electronic, be password protected kept only on an external drive which is itself kept securely. Centrally held data such as registers, enrolment and staff records should only be available to staff authorised to view it for the purposes of their job role using their staff log on and personal password. All staff accessing personal data will have enhanced DBS. 4. Subject Consent 4.1 In many cases, the College 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 the College 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. 4.2 Some jobs or courses will bring the applicants into contact with children, including young people between the ages of 16 and 18. The College has a duty to ensure that staff are suitable for the job; students for the courses offered and those who use the College facilities do not pose a threat or danger to other users. All staff will be required to undertake an enhanced DBS check before starting employment as will students in certain curriculum areas, such as Care, to enable them to undertake work placements. 4.3 The College will also ask for information about particular health needs, such as allergies to particular forms of medication, or any conditions such as asthma or diabetes. The College will only use the information in the event of a medical emergency. 5. Retention of Data 5.1 The College will keep some forms of information for longer than others. Because of storage limitations, information about students cannot be kept indefinitely, unless there are specific requests to do so. In general, information about students will be kept for a maximum of ten years after they leave the College. This will include: name and address academic achievements enrolment information. All other information, including any information about health, or disciplinary matters will be destroyed. 3

4 5.2 The College will need to keep information about staff for longer periods of time. In general, all information will be kept for six years after a member of staff leaves the College. Some information however will be kept for much longer. This will include information necessary in respect of pensions, potential or current disputes or litigation regarding the employment, and information required for job references. 5.3 The College will keep all data for ESF projects until the required date as stated at the time the activity has begun. The College will follow the guidelines in the relevant Document Retention release at that time. All ESF related documentation will need to be retained for the required time including work carried out during development, pre application, application and during and after the project. 6. Higher Education Student Collection Notice Higher Education provision has some specific data collection requirements as set out by the Higher Education Statistics Agency. Appendix A details the agency s specific requirements. 4

5 Appendix A HIGHER EDUCATION STUDENT COLLECTION NOTICE Student and leaver surveys: Your contact details may be passed to survey contractors to carry out the National Student Survey and surveys of student finances, on behalf of the organisations listed below under Purpose 1. These organisations and their contractors will use your details only for that purpose, and will then delete them. About six months after you graduate, we will contact you to ask you to fill in the Higher Education Statistics Agency (HESA) Destinations of Leavers from HE questionnaire. We will not give your contact details to HESA. You may also be included in a longitudinal survey of leavers a few years after you graduate. If so, we will pass your contact details to the organisation that has been contracted to carry out that survey. That organisation will use your details only for that purpose, and will then delete them. If you do not want to take part in these surveys, please let us know. The HESA student record We will send some of the information we hold about you to HESA. HESA collects, and is responsible for, the database in which your HESA student record is stored. HESA uses this information in its own right, for example to publish statistics about students in higher education. HESA also processes information held in the database for other organisations. All uses of the HESA Student Record must comply with the Data Protection Act HESA is a registered charity and operates on a not for profit basis. It may charge other organisations that it provides services and data to, in order to cover its costs. Sensitive personal data If you give us information about your disability status, ethnicity, sexual orientation, gender reassignment, pregnancy/maternity or religion these will be included in the HESA Student Record to assist with monitoring equality of opportunity and eliminating unlawful discrimination in accordance with the Equality Act. These fields will not be used by HESA in any way that could be used to identify you. The HESA Student Record is used for four broad purposes: Purpose 1 Public functions Education statistics and data The HESA Student Record is used by some organisations to help carry out public functions connected with education in the UK. These organisations are data controllers in common of the HESA Student Record under the terms of the Data Protection Act. Such organisations include: Department for Business, Innovation and Skills Welsh Government Scottish Government Department for Employment and Learning, Northern Ireland 5

6 Higher Education Funding Council for England Higher Education Funding Council for Wales Scottish Further and Higher Education Funding Council Department for Education Research Councils The Data Service (on behalf of the Skills Funding Agency) The Teaching Agency General Social Care Council and any successor bodies These organisations may link information from the HESA Student Record with other information they hold. For example the Department for Education and the Department for Business Innovation and Skills link the HESA Student Record to the National Pupil Database. The linked data is used for understanding higher education and its impacts. Other uses The HESA Student Record may also be used by some organisations to help carry out public functions that are not connected with education. Such uses may include the following: Measurement of population levels and migration by the Office for National Statistics, National Records of Scotland and the Northern Ireland Statistics and Research Agency Monitoring of public expenditure by the National Audit Office Monitoring of the accuracy of electoral registers by Electoral Registration Officials. Purpose 2 Administrative uses Previous Qualifications If you are enrolled at an institution in England: We and the Higher Education Funding Council for England (HEFCE) may compare your data to educational records from previous years to help determine the levels of your current qualifications. This may in turn affect the fees you are required to pay or the availability of a place for you to study with us. Non EU domiciled students If you are a non EU domiciled student HESA may be requested to provide data about you to the United Kingdom s immigration authorities. These authorities may process your personal data in order to carry out their public functions connected with immigration. Your HESA record will not be used to make decisions about you other than for those uses outlined under Purpose 2. Purpose 3 HESA publications HESA uses the HESA Student Record to produce statistical publications. These include some National Statistics publications and online management information services. HESA will take precautions to ensure that individuals are not identified from the data which are processed for Purpose 3. 6

7 Purpose 4 Equal opportunity, research, journalism and other processing in which there is a legitimate interest HESA and the other data controllers listed under Purpose 1 may also supply data to third parties where there is a legitimate interest in doing so. Examples of use for this purpose include: Equal opportunities monitoring Research This may be academic research, commercial research or other statistical research where this is in the public interest Journalism Where the relevant publication would be in the public interest e.g. league tables Provision of information to students and prospective students Users to whom data may be supplied for Purpose 3 include: Higher education sector bodies Higher education providers Academic researchers and students Commercial organisations (e.g. recruitment firms, housing providers, graduate employers) Unions Non governmental organisations and charities Local, regional and national government bodies Journalists Data supplied by HESA to third parties is supplied under contracts which require that individuals shall not be identified from the supplied data. A copy of HESA s standard agreement for the supply of data is available at 7

8 Appendix B Record Type Retained Owner Disposal Method a) Students (i) Application Current + 1 year ding Current + 5 years Deletion (ii) Learning Agreement Non ESF Current + 2 years ding (iii) Student Personal Files Non ESF Current + 2 years VP ding (iv) Enrolment and Non ESF Current + 10 years Deletion Achievement Records (v) Registers Current + 2 years VP ding (vi) Attendance Record Current + 10 years Deletion (vii) Examination Entries Non ESF Current + 1 year ding (viii) Examination Results Non ESF Current + 10 years ding (ix) Unclaimed Examination Certificates Current + 2 years VP Returned or disposal according to 8

9 individual examinatio n board regulations (x) Tutorial Files Non ESF Current + 2 years VP ding (xi) Student Tracking Current + 2 years Deletion and tutorial notes b) Management (i) College Policies & Permanently (unless Procedures superseded (ii) DfEE and LSC Circulars Permanently (iii) Statutory Instruments Permanently (iv) Corporation Committee Permanently Meeting Agendas (v) Corporation Committee Permanently Meeting Minutes (vi) Funding Claims Non ESF Recycle (vii) Statistical Returns Recycle (viii) General Current + 1 year All Recycle/ 9

10 Correspondence & Subject Files (ix) College Committee Agendas Current + 2 years Chairs of Committees Recycle/ (x) College Committee Minutes Current + 2 years Chairs of Committees Recycle/ c) Finance (i) Purchase Requests Current + 1 year Recycle (ii) Purchase Orders Recycle (iii) Stock Records Recycle (iv) Invoices (v) Payment Records (vi) Income Records 10

11 (vii) Cash Receipts (viii) General correspondence & Subject Files Current + 1 year Recycle/ d) Personnel (i) Personnel files including from the training records and notes of end of employment disciplinary and grievance hearings from the end of employment (ii) Application Current + 1 year from the forms/interview notes date of the interviews (iii) Facts relating to 3 years from the date of redundancies redundancy where less than 20 redundancies (iv) Facts relating to 12 years from date of redundancies redundancies where 20 or more redundancies (v) Income Tax and NI returns, including correspondence with 11

12 tax office (vi) Statutory Maternity Pay records and calculations (vii) Statutory Sick Pay records and calculations (viii) Wage and salary records (ix) Accident books, and Current + 13 years after the records and date of incident reports of accidents (x) Health records During employment (xi) Health records where Current + 3 years reason for termination of employment is connected with health, including stress related illness (xii) Health & Safety Records 10 Years Recycle (inc. risk assessments, audit & inspection records Electronic (xiii) Medical Records kept by 40 years 12

13 reason of the Control of Substances Hazardous to Health Regulations 1994 (xiv) General Correspondence & Subject Files Current + 2 years Recycle/ Owner: Steve Phillips Created: February 2017 Review Date: Feb

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