Computer keyboard

Data Protection Policy

This policy applies to:

  • Education Support Partnership CRN 9311354 (England and Wales) Charity no: 1161436.
  • Education Support Partnership was formerly know as:
  • Teacher Support Network, CRN 3661971 (England and Wales), Charity No 1072583
  • TBF Holdings Ltd, CRN 4328710 (England and Wales)
  • TBF Trading (No 2) Ltd, CRN 4162015 (England and Wales)
  • Recourse, CRN 5874222 (England and Wales), Charity No 1116382

Throughout this document “Education Support Partnership” will be used to mean all these charities and any successor bodies

1. Introduction

  • Education Support Partnership needs to collect and use certain types of information about the Data Subjects who come into contact with it in order to carry on our work. This personal information must be collected and dealt with appropriately — whether on paper, in a computer, or recorded on other material — and there are safeguards to ensure this under the Data Protection Act 1998.
  • The following list below of definitions of the technical terms used is intended to aid understanding of this policy:

Data Controller — The person who decides what personal information the Education Support Partnership will hold and how it will be held or used. The Data Controller for Education Support Partnership is: Katy Smith, Head of Administration and HR. The Data Controller works to a policy set by the Leadership Team.

Data Protection Act 1998 — The UK legislation that provides a framework for responsible behaviour by those using personal information.

Data Protection Officer — The person(s) responsible for ensuring that it follows its data protection policy and complies with the Data Protection Act 1998 is Katy Smith, Head of Administration and HR.

Data Subject/Service User — The individual whose personal information is being held or processed by an Education Support Partnership (for example: a client, an employee, a supporter).

‘Explicit’ consent — is a freely given, specific and informed agreement by a Data Subject* to the processing* of personal information* about her/him.   Explicit consent is needed for processing sensitive* data

*See definition in the Data Protection Act.

Notification — Notifying the Information Commissioner about the data processing activities of Education Support Partnership as certain activities may be exempt from notification.

Information Commissioner — The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 1998.

Processing — means collecting, amending, handling, storing or disclosing personal information.

Personal Information — Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about companies and agencies but applies to named persons or employees within an Education Support Partnership.

Sensitive data — as defined by the Act means data about:

  • Racial or ethnic origin
  • Political opinions
  • Religious or similar beliefs
  • Trade union membership
  • Physical or mental health
  • Sexual life
  • Criminal record
  • Criminal proceedings relating to a data subject’s offences

Although not listed as sensitive data under the Act, financial data should also be treated with the highest levels of care and security because of the damage that can be caused to an individual if there is a breach of data security and because it is comparatively easy, with access to financial data, also to obtain access to other sensitive data.

2. Data Controller

  • Katy Smith, Head of Administration & HR on behalf of Education Support Partnership is the Data Controller under the Act, which means that it determines what purposes personal information held will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.
  • The Data Controller may also be required to notify the Information Commissioner and/or other authorities such as the police, in the event of a breach in the security of data held under the Data Protection Act.

3. Disclosure

  • Education Support Partnership may share data with other charities within the Education Support Partnership group, as set out in the Data Protection Policy
  • Application for the purpose of checking and cleaning data, producing reports and other statistical analysis and data management purposes in support of the Data Protection Principles especially Principles 3, 4 and 5.
  • The Data Subject will be made aware in most circumstances how and with whom their information will be shared.  There are circumstances where the law allows Education Support Partnership to disclose data (including sensitive data) without the data subject’s consent.  These could include:
    • carrying out a legal duty or as authorised by the Secretary of State, or required by the Charity Commission, Companies House or other Government Department or Agency with a statutory right to access the data.
    • protecting vital interests of a Data Subject or other person
    • the Data Subject has already made the information public
    • conducting any legal proceedings, obtaining legal advice or defending any legal rights 
    • monitoring for equal opportunities purposes – i.e. race, disability or religion
    • providing a confidential service where the Data Subject’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Data Subjects to provide consent signatures
  • Any disclosure on the above grounds must be explicitly authorised by the Data Controller
  • Education Support Partnership regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal.  Education Support Partnership intends to ensure that personal information is treated lawfully and correctly.
  • To this end Education Support Partnership will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998.
  • Specifically, the Principles require that personal information:
    • shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met
    • shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes
    • shall be adequate, relevant and not excessive in relation to those purpose(s)
    • shall be accurate and, where necessary, kept up to date
    • shall not be kept for longer than is necessary
    • shall be processed in accordance with the rights of data subjects under the Act
    • shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information
    • 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 information.

Education Support Partnership will, through appropriate management, strict application of criteria and controls:

  • Observe fully conditions regarding the fair collection and use of information.
  • Meet its legal obligations to specify the purposes for which information is used.
  • Collect and process appropriate information, and only to the extent that it is needed to fulfil its operational needs or to comply with any legal requirements.
  • Ensure the quality of information used.
  • Ensure that the rights of people about whom information is held, can be fully exercised under the Act. (These include: 
    • the right to be informed that processing is being undertaken
    • the right of access to one’s personal information
    • the right to prevent processing in certain circumstances and
    • the right to correct, rectify, block or erase information which is regarded as wrong information)
    • take appropriate technical and organisational security measures to safeguard personal information
    • ensure that personal information is not transferred abroad without suitable safeguards
    • treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information,
    • set out clear procedures for responding to requests for information.

 

4. Data collection

  • Informed consent
    • Informed consent is when:
      1. a Data Subject clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data
      2. and then gives their consent.
      3. Education Support Partnership will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a paper or online form.

 

  • When collecting data, Education Support Partnership will ensure that the Data Subject:
    • clearly understands why the information is needed
    • understands what it will be used for and what the consequences are should the Data Subject decide not to give consent to processing
    • as far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
    • is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
    • has received sufficient information on why their data is needed and how it will be used.

 

5. Data storage and disposal

  1. Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.
  2. Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.
  3. All personal and sensitive data must be held on Education Support Partnership shared drives and not saved to computer hard disks (C: drives).
  4. It is Education Support Partnership's responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation which has been passed on/sold to a third party.
  5. Hard copies of personal or sensitive data must be stored in locked filing systems and must be shredded before disposal.
  6. Laptops must not be taken offsite unless encrypted or for repair by an approved supplier.
  7. Anyone working from home must follow the same levels of data security  expected in the office. Files containing personal or sensitive data must only be saved to Education Support Partnership servers, not locally. Education Support Partnership IT equipment must be kept locked and out of sight when not in use. Other members of the household and visitors must not be allowed to access the Education Support Partnership files or servers.
  8. USB sticks, CDs, DVDs and other portable data devices containing protected data must not be taken offsite unless encrypted.

 

6. Data access and accuracy

  • All Data Subjects have the right to access the information Education Support Partnership holds about them.  Education Support Partnership will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.
  • In addition, Education Support Partnership will ensure that:
    • It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection.
    • Everyone processing personal information understands that they are contractually responsible for following good data protection practice.
    • Everyone processing personal information is appropriately trained to do so.
    • Everyone processing personal information is appropriately supervised
    • anybody wanting to make enquiries about handling personal information knows what to do.
    • It deals promptly and courteously with any enquiries about handling personal information.
    • It describes clearly how it handles personal information.
    • It will regularly review and audit the ways it hold, manage and use personal information.
    • It regularly assesses and evaluates its methods and performance in relation to handling personal information.
    • All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them.

 

7. Transferring data to a third party

  • Education Support Partnership will never sell or pass on personal data to a third party for their own use, but may pass on data where the third party is employed as a contractor to process data on behalf of Education Support Partnership.
  • Where Education Support Partnership is using a third party external supplier, strict controls must be in place to ensure that there can be no misuse of the data. These include as a minimum:
    • there must be signed contract between Education Support Partnership and the third party supplier to cover the period of the project, including any future period where data may be returned after the formal end of the project, eg where donors or others continue to reply to a campaign
    • the contract must be signed or countersigned by a member of the Leadership Team
    • before data is sent the receiving party must confirm the email address and must confirm receipt
    • the email address must be for a single user, not shared
    • the data must be password protected or, if possible, encrypted
    • the password must only be known to one person from each party
    • the password must be supplied in a separate email or telephone call
    • the data must be saved securely and used in strict accordance to the Data Protection Act and any additional constraints imposed by the contract
    • the data shall not be transferred to any subcontractor or other service provider without full details being supplied in the contract and explicitly agreed to by Education Support Partnership
    • the 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 information and this must be stated in the contract and agreed by both parties. The following countries meet this requirement: Argentina, Canada, Guernsey, Isle of Man, Jersey, Switzerland, Faroe Islands, but the list should be checked against the EU Data Protection website. The United States is currently not on the list but can be included if data is sent under the Safe Harbor scheme.
  • A project completion date must be specified in the contract and once the project has been completed the data must be returned immediately to Education Support Partnership, using the reverse of the same procedures and levels of protection as when it was sent.
  • The returned data must be accompanied by a signed declaration from the supplier that:
    • the data has been kept securely and in accordance with the Data Protection Act and any specific terms and conditions of the contract
    • the data has not in any way been misused
    • the data has not been saved or stored in anyway and has been securely and irretrievably deleted from the supplier’s systems
    • The transfer of any data must be authorised by a member of the senior management team and the certificate of return must be given to the Data Controller.

 

9. Data Protection statement on external communications

  • A standard Data Protection statement will be included on all external communications, print or electronic, which include a request and/or mechanism to collect personal data. The statement will be approved by the Senior Management team. The statement may not be modified without the written consent of a member of the Leadership Team. The RaisersEdge or Salesforce database manager and manager of any other relevant database must be briefed immediately of any change.

 

10. Queries and requests for access to data

  • In case of any queries or questions in relation to this policy please contact the Education Support Partnership Data Controller.

 

  • Internet and email use policy
    • This Data Protection Policy will be supplemented by a staff Internet and email use policy.
  • Annual audit and risk assessment
    • The Data Protection Officer will undertake an annual Data Protection Audit and Risk Assessment to a format agreed by the Leadership Team Summary results of the Audit will be reported to the Board of Trustees and the Audit and Risk Assessment will form the basis of an annual review of this Data Protection policy and internal controls and procedures.

 

12. Updating this policy

  • This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998, recommendations by the Charity Commission, and industry standard practice informed by organisations such as the Direct Marketing Association, Institute of Direct Marketing, Institute of Fundraising.