Policy Statement
Anderton McClements Training Ltd collects and uses information about people with whom it communicates. This personal information must be dealt with properly and securely however it is collected, recorded and used – whether on paper, in a computer, or recorded on other material – and there are safeguards to ensure this in the Data Protection Act 1998.
Anderton McClements Training Ltd regards the lawful and correct treatment of personal information as very important to the successful and efficient performance of its functions, and to maintain
confidence between those with whom it deals. To this end Anderton McClements Training Ltd fully endorses and adheres to the Principles of Data Protection, as set out in the Data Protection Act 1998.
Purpose
The purpose of this policy is to ensure that the staff, and trainees of Anderton McClements Training Ltd are clear about the purpose and principles of Data Protection and to ensure that it has guidelines and procedures in place which are consistently followed.
Failure to adhere to the Data Protection Act 1998 is unlawful and could result in legal action
being taken against Anderton McClements Training Ltd or its staff, volunteers or trustees.
Principles
The Data Protection Act 1998 regulates the processing of information relating to living and
identifiable individuals (data subjects). This includes the obtaining, holding, using or disclosing
of such information, and covers computerised records as well as manual filing systems and card
indexes.
Data users must comply with the data protection principles of good practice which underpin
the Act. To comply with the law, information must be collected and used fairly, stored safely
and not disclosed to any other person unlawfully.
To do this Anderton McClements Training Ltd follows the eight Data Protection Principles outlined in the Data Protection Act 1998, which are summarised below:
- Personal data will be processed fairly and lawfully
- Data will only be collected and used for specified purposes
III. Data will be adequate, relevant and not excessive
- Data will be accurate and up to date
- Data will not be held any longer than necessary
- Data subject’s rights will be respected
VII. Data will be kept safe from unauthorised access, accidental loss or damage
VIII. Data will not be transferred to a country outside the European Economic Area, unless that country has equivalent levels of protection for personal data.
The principles apply to “personal data” which is information held on computer or in manual
filing systems from which they are identifiable. Anderton McClements Training Ltd’s employees who process or use any personal information in the course of their duties will ensure that these principles are followed at all times.
Procedures
The following procedures have been developed in order to ensure that Anderton McClements Training Ltd
meets it’s responsibilities in terms of Data Protection. For the purposes of these procedures
data collected, stored and used by Anderton McClements Training Ltd falls into 2 broad categories:
- Anderton McClements Training Ltd’s internal data records;
Staff, Learners and Client Companies
- Anderton McClements Training Ltd’s external data records;
Funders, other training providers, network contacts.
Anderton McClements Training Ltd as a body is a DATA CONTROLLER under the Act, and the Management is ultimately responsible for the policy’s implementation.
Internal data records
Purposes
Anderton McClements Training Ltd obtains personal data (names, addresses, phone numbers, email addresses), application forms, and references and in some cases other documents from staff, and associates.
This data is stored and processed for the following purposes:
- Recruitment
- Payroll
- Equal Opportunities monitoring
- Recording Learning
- Meeting records
Access
The contact details of staff and associates will only made available to other staff,
Any other information supplied on application will be kept in a secure filing cabinet and is not accessed during the day to day running of the organisation.
Contact details of staff and associates will not be passed on to anyone outside the
organisation without their explicit consent.
A copy of staff and associate contact details will be kept in the Emergency File for Health and Safety purposes to be used in emergency situations e.g. fire/ bomb evacuations.
Staff and associates will be supplied with a copy of their personal data held by the
organisation if a request is made.
All confidential post must be opened by the addressee only.
Accuracy
Anderton McClements Training Ltd will take reasonable steps to keep personal data up to date and accurate.
Personal data will be stored for 6 years after an employee, or associate has worked for
the organisation and brief details for longer. Unless the organisation is specifically asked by an
individual to destroy their details it will normally keep them on file for future reference. The
Director has responsibility for destroying personnel files.
Storage
Personal data is kept in paper-based systems and on a password-protected computer system.
Every effort is made to ensure that paper-based data are stored in organised and secure
systems.
Anderton McClements Training Ltd operates a clear desk policy at all times.
Use of Photographs
Where practicable, Anderton McClements Training Ltd will seek consent from individuals before displaying photographs in which they appear. If this is not possible (for example, a large group photo), the organisation will remove any photograph if a complaint is received. This policy also applies to photographs published on the organisations website or in the Newsletter.
External data records
Purposes
Anderton McClements Training Ltd obtains personal data (such as names, addresses, and phone numbers) from learners and client companies.
This data is obtained, stored and processed to assist staff in the efficient running of services and process the learner towards achievement of their chosen qualifications. Leaner and company information is also used to facilitate applications for funding.
Most of this information is stored on the organisation’s database. Hard copy documents, including funding documents will be retained for a minimum of 3 years.
Anderton McClements Training Ltd obtains personal data and information from learners and client companies in order to provide services. This data is stored and processed only for the purposes outlined in the agreement and service specification signed by the learner and company.
Consent
Personal data is collected in person, over the phone and using other methods such as e-mail. During this initial contact, the data owner is given an explanation of how this information will be used.
Written consent is not requested as it is assumed that the consent has been granted when an
individual freely gives their own details.
Personal data will not be passed on to anyone outside the organisation without explicit consent
from the data owner unless there is a legal duty of disclosure under other legislation. Contact details held on the organisation’s database may be made available to groups/ individuals outside of the organisation. Individuals are made aware of when their details are being collected for the
database and their verbal or written consent is requested.
Access
Only the organisation’s staff, volunteers and trustees will normally have access to personal data.
All staff, volunteers and trustees are made aware of the Data Protection Policy and their
obligation not to disclose personal data to anyone who is not supposed to have it.
Information supplied is kept in a secure filing, paper and electronic system and is only accessed
by those individuals involved in the delivery of the service.
Information will not be passed on to anyone outside the organisation without their explicit
consent, excluding statutory bodies e.g. the Inland Revenue.
Individuals will be supplied with a copy of any of their personal data held by the organisation if a
request is made.
All confidential post must be opened by the addressee only.
Accuracy
Anderton McClements Training Ltd will take reasonable steps to keep personal data up to date and accurate.
Personal data will be stored for as long as the data learner or company uses our services and
normally longer. Where a learner has accessed funding records will be retained for the period required by the funding authority.
Where an individual ceases to use our services and it is not deemed appropriate to keep their records, their records will be destroyed However, unless we are specifically asked by an individual to destroy their details, we will normally keep them on file for future reference.
If a request is received from an organisation/ individual to destroy their records, we will remove
their details from the database and request that all staff holding paper or electronic details for
the organisation destroy them. This work will be carried out by the Information Officer.
This procedure applies if Anderton McClements Training Ltd is informed that an organisation ceases to exist.
Storage
Personal data may be kept in paper-based systems and on a password-protected computer
system passwords are updates every 90 days. Paper-based data are stored in organised and secure systems.
Anderton McClements Training Ltd operates a clear desk policy at all times.
Use of Photographs
Where practicable, Anderton McClements Training Ltd will seek consent of members/ individuals before
displaying photographs in which they appear. If this is not possible (for example, a large group
photo), the organisation will remove any photograph if a complaint is received. This policy also
applies to photographs published on the organisation’s website or in the Newsletter.
Vetting and Barring Scheme
Anderton McClements Training Ltd will act in accordance with the VBS’s code of practice.
Copies of disclosures are kept for no longer than is required. In most cases this is no longer than
6 months in accordance with the VBS Code of Practice. There may be circumstance where it is
deemed appropriate to exceed this limit e.g. in the case of disputes.
Responsibilities of staff, and associates
During the course of their duties with Anderton McClements Training Ltd, staff, and associates will be
dealing with information such as names/addresses/phone numbers/e-mail addresses of
learners and companies. They may be told or overhear sensitive information while working
for Anderton McClements Training Ltd. The Data Protection Act (1988) gives specific guidance on how this information should be dealt with. In short to comply with the law, personal information must be
collected and used fairly, stored safely and not disclosed to any other person unlawfully. Staff,
paid or unpaid must abide by this policy.
