Data Protection Policy
Introduction
The Training Brokers (TTB) is required to maintain certain personal data about living individuals for the purposes of satisfying operational and legal obligations. TTB recognises the importance of the correct and lawful treatment of personal data; it maintains confidence in the organisation and provides for successful operations.
The types of personal data that TTB may require include information about: current, past and prospective employees; learners; partners; suppliers and others with whom it communicates. This personal data, whether it is held on paper, on computer or other media, will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998.
TTB fully endorses and adheres to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation, and storage of personal data. Employees and any others who obtain, handle, process, transport and store personal data for TTB must adhere to these principles.
Principles
The principles require that personal data shall:
- Be 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, where necessary, 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 secure from unauthorised or unlawful processing and protected against accidental loss, destruction or damage by using the appropriate technical and organisational measures;
- Be electronically transferred in a secure manner;
- And 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.
Satisfaction of principles
In order to meet the requirements of the principles, TTB will:
- observe fully the conditions regarding the fair collection and use of personal data;
- meet its obligations to specify the purposes for which personal data is used;
- collect and process appropriate personal data only to the extent that it is needed to fulfil operational or any legal requirements;
- ensure the quality of personal data used;
- apply strict checks to determine the length of time personal data is held;
- ensure that the rights of individuals about whom the personal data is held, can be fully exercised under the Act;
- take the appropriate technical and organisational security measures to transfer and safeguard personal data;
- and ensure that personal data is not transferred abroad without suitable safeguards.
TTB’s designated Data Controller
TTB’s MD is responsible for ensuring compliance with the Data Protection Act and implementation of this policy. The process holder may be contacted at:
Wesley House, 24 Wesley Street, Swinton M27 6AD
Any questions or concerns about the interpretation or operation of this policy should be taken up in the first instance with the owner.
Status of the policy
This policy has been approved by the owner and any breach will be taken seriously and may result in formal action.
Any employee who considers that the policy has not been followed in respect of personal data about themselves should raise the matter with their Line Manager or TTB’s MD.
Subject access
All individuals who are the subject of personal data held by the Society are entitled to:
- Checking that any personal data that they provide to TTB is accurate and up to date.
- Informing TTB of any changes to information which they have provided, e.g. changes of address.
- Checking any information that TTB may send out from time to time, giving details of information that is being kept and processed.
Data security
The need to ensure that data is kept securely means that precautions must be taken against physical loss or damage, and that both access and disclosure must be restricted. 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 otherwise to any unauthorised third party.
Data Transfer
All employees must:
- Transfer personal data using password protected zip folders
Rights to access information
Employees and other subjects of personal data held by TTB have the right to access any personal data that is being kept about them on computer and also have access to paper-based data held in certain manual filing systems. This right is subject to certain exemptions which are set out in the Data Protection Act. Any person who wishes to exercise this right should make the request in writing or email TTB.
TTB reserves the right to charge the maximum fee payable for each subject access request. If personal details are inaccurate, they can be amended upon request.
TTB aims to comply with requests for access to personal information as quickly as possible, but will ensure that it is provided within 40 days of receipt of a completed form unless there is good reason for delay. In such cases, the reason for delay will be explained in writing to the individual making the request.
Publication of TTB information
Information that is already in the public domain is exempt from the 1998 Act. Any individual who has good reason for wishing details in such publications to remain confidential should contact TTB’s owner.
Subject consent
The need to process data for normal purposes has been communicated to all data subjects. In some cases, if the data is sensitive, for example information about health, race or gender, express consent to process the data must be obtained. Processing may be necessary to operate TTB policies, such as health and safety and equal opportunities.
Retention of documents and data
TTB will keep some forms of information for longer than others. All staff are responsible for ensuring that information is not kept for longer than necessary but is retained for the specified period of time in line with current DWP,ESFA and ESF Guidance.
All documents (including any electronic information) will be readily accessible to requests from auditors; upon request; stored in accordance with DWP standards and arranged in a filing system that will enable the effective retrieval of documentation. In addition, electronically held data will be migrated onto new formats every 5 years to ensure the data remains readable and usable.