Data Protection Policy

Aims
Our setting aims to ensure that all personal data collected about staff, participants, parents and carers, volunteers, visitors and other individuals is collected, stored and processed in accordance with UK data protection law.

This policy applies to all personal data, regardless of whether it is in paper or electronic format.

Legislation and Guidance

This policy meets the requirements of the:

It is based on guidance published by the Information Commissioner’s Office (ICO) on the UK GDPR and guidance from the Department for Education (DfE) on Generative artificial intelligence in education.

Definitions

Personal Data

Special Categories of Personal Data


Processing


Data Subject

Data controller

Data processor

Personal data breach

Any information relating to an identified, or identifiable, living individual.

This may include the individual’s:

Name (including initials)

Identification number

Location data

Online identifier, such as a username

It may also include factors specific to the individual’s physical, physiological, genetic, mental, economic, cultural or social identity.

Personal data which is more sensitive and so needs more protection, including information about an individual’s:

Racial or ethnic origin

Political opinions

Religious or philosophical beliefs

Trade union membership

Genetics

Biometrics (such as fingerprints, retina and iris patterns), where used for identification purposes

Health – physical or mental

Sex life or sexual orientation

Anything done to personal data, such as collecting, recording, organising, structuring, storing, adapting, altering, retrieving, using, disseminating, erasing or destroying.
Processing can be automated or manual.


The identified or identifiable individual whose personal data is held or processed.

A person or organisation that determines the purposes and the means of processing personal data.

A person or other body, other than an employee of the data controller, who processes personal data on behalf of the data controller.

A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

The Date Controller
Our setting processes personal data relating to parents and carers, participants, staff, volunteers, visitors and others, and therefore is a data controller.

The setting is registered with the ICO and has paid its data protection fee to the ICO, as legally required.

Roles and Responsibilities
This policy applies to all staff employed by our setting, and to external organisations or individuals working on our behalf. Staff who do not comply with this policy may face disciplinary action.

Data Protection Officer (DPO)
The data protection officer (DPO) is responsible for overseeing the implementation of this policy, monitoring our compliance with data protection law, and developing related policies and guidelines where applicable.

They will provide an annual report of their activities directly to the governing board and, where relevant, report to the board their advice and recommendations on setting data protection issues.

The DPO is also the first point of contact for individuals whose data the processes, and for the ICO.

Full details of the DPO’s responsibilities are set out in their job description.

Our DPO is Ellis Wade and is contactable via team@huntscholars.co.uk

Director of Enrichment and Director of Arts
The Director of Enrichment and Director of Arts acts as the representative of the data controller on a day-to-day basis.

All staff
Staff are responsible for:

Collecting, storing and processing any personal data in accordance with this policy

Informing the setting of any changes to their personal data, such as a change of address

Contacting the DPO in the following circumstances:

• With any questions about the operation of this policy, data protection law, retaining personal data or keeping personal data secure

• If they have any concerns that this policy is not being followed

• If they are unsure whether or not they have a lawful basis to use personal data in a particular way

• If they need to rely on or capture consent, draft a privacy notice, deal with data protection rights invoked by an individual, or transfer personal data outside the UK

• If there has been a data breach

• Whenever they are engaging in a new activity that may affect the privacy rights of individuals

• If they need help with any contracts or sharing personal data with third parties


Data Protection Principles
The UK GDPR is based on data protection principles that Inspire Enrichment must comply with.

The principles say that personal data must be:

Processed lawfully, fairly and in a transparent manner

Collected for specified, explicit and legitimate purposes

Adequate, relevant and limited to what is necessary to fulfil the purposes for which it is processed

Accurate and, where necessary, kept up to date

Kept for no longer than is necessary for the purposes for which it is processed

Processed in a way that ensures it is appropriately secure

This policy sets out how the setting aims to comply with these principles.


Collecting Personal Data
Lawfulness, fairness and transparency

We will only process personal data where we have 1 of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:

The data needs to be processed so that the setting can fulfil a contract with the individual, or the individual has asked the setting to take specific steps before entering into a contract

The data needs to be processed so that the setting can comply with a legal obligation

The data needs to be processed to ensure the vital interests of the individual or another person i.e. to protect someone’s life

The data needs to be processed so that the setting, as a public authority, can perform a task in the public interest or exercise its official authority

The data needs to be processed for the legitimate interests of the setting (where the processing is not for any tasks the setting performs as a public authority) or a third party, provided the individual’s rights and freedoms are not overridden

The individual (or their parent/carer when appropriate in the case of a participant) has freely given clear consent

For special categories of personal data, we will also meet 1 of the special category conditions for processing under data protection law:

The individual (or their parent/carer when appropriate in the case of a participant) has given explicit consent

The data needs to be processed to perform or exercise obligations or rights in relation to employment, social security or social protection law

The data needs to be processed to ensure the vital interests of the individual or another person, where the individual is physically or legally incapable of giving consent

The data has already been made manifestly public by the individual

The data needs to be processed for the establishment, exercise or defence of legal claims

The data needs to be processed for reasons of substantial public interest as defined in legislation

The data needs to be processed for health or social care purposes, and the processing is done by, or under the direction of, a health or social work professional or by any other person obliged to confidentiality under law

The data needs to be processed for public health reasons, and the processing is done by, or under the direction of, a health professional or by any other person obliged to confidentiality under law

The data needs to be processed for archiving purposes, scientific or historical research purposes, or statistical purposes, and the processing is in the public interest

For criminal offence data, we will meet both a lawful basis and a condition set out under data protection law. Conditions include:

The individual (or their parent/carer when appropriate in the case of a participant) has given consent

The data needs to be processed to ensure the vital interests of the individual or another person, where the individual is physically or legally incapable of giving consent

The data has already been made manifestly public by the individual

The data needs to be processed for or in connection with legal proceedings, to obtain legal advice, or for the establishment, exercise or defence of legal rights

The data needs to be processed for reasons of substantial public interest as defined in legislation

Whenever we first collect personal data directly from individuals, we will provide them with the relevant information required by data protection law.

We will always consider the fairness of our data processing. We will ensure we do not handle personal data in ways that individuals would not reasonably expect, or use personal data in ways which have unjustified adverse effects on them.

Limitation, minimisation and accuracy
We will only collect personal data for specified, explicit and legitimate reasons. We will explain these reasons to the individuals when we first collect their data.

If we want to use personal data for reasons other than those given when we first obtained it, we will inform the individuals concerned before we do so, and seek consent where necessary.

Staff must only process personal data where it is necessary in order to do their jobs.

We will keep data accurate and, where necessary, up to date. Inaccurate data will be rectified or erased when appropriate.

In addition, when staff no longer need the personal data they hold, they must ensure it is deleted or anonymised. This will be done in accordance with the setting’s record retention schedule.

Sharing Personal Data
We will not normally share personal data with anyone else without consent, but there are certain circumstances where we may be required to do so. These include, but are not limited to, situations where:

There is an issue with a participant or parent/carer that puts the safety of our staff at risk

We need to liaise with other agencies – we will seek consent as necessary before doing this

Our suppliers or contractors need data to enable us to provide services to our staff and participants – for example, IT companies. When doing this, we will:

• Only appoint suppliers or contractors that can provide sufficient guarantees that they comply with UK data protection law

• Establish a contract with the supplier or contractor to ensure the fair and lawful processing of any personal data we share

• Only share data that the supplier or contractor needs to carry out their service

We will also share personal data with law enforcement and government bodies where we are legally required to do so.

We may also share personal data with emergency services and local authorities to help them to respond to an emergency situation that affects any of our participants or staff.

Where we transfer personal data internationally, we will do so in accordance with UK data protection law.

Subject Access Requests and other Rights of Individuals
Subject access requests
Individuals have a right to make a ‘subject access request’ to gain access to personal information that the setting holds about them. This includes:

Confirmation that their personal data is being processed

Access to a copy of the data

The purposes of the data processing

The categories of personal data concerned

Who the data has been, or will be, shared with

How long the data will be stored for, or if this isn’t possible, the criteria used to determine this period

Where relevant, the existence of the right to request rectification, erasure or restriction, or to object to such processing

The right to lodge a complaint with the ICO or another supervisory authority

The source of the data, if not the individual

Whether any automated decision-making is being applied to their data, and what the significance and consequences of this might be for the individual

The safeguards provided if the data is being transferred internationally

Subject access requests can be submitted in any form, but we may be able to respond to requests more quickly if they are made in writing and include:

Name of individual

Correspondence address

Contact number and email address

Details of the information requested

If staff receive a subject access request in any form they must immediately forward it to the DPO.


Children and subject access requests
Personal data about a child belongs to that child, and not the child's parents or carers. For a parent or carer to make a subject access request with respect to their child, the child must either be unable to understand their rights and the implications of a subject access request, or have given their consent.

Children below the age of 12 are generally not regarded to be mature enough to understand their rights and the implications of a subject access request. Therefore, most subject access requests from parents or carers of participants at our setting may be granted without the express permission of the participant. This is not a rule and a participant’s ability to understand their rights will always be judged on a case-by-case basis.

Children aged 12 and above are generally regarded to be mature enough to understand their rights and the implications of a subject access request. Therefore, most subject access requests from parents or carers of participants at our setting may not be granted without the express permission of the participant. This is not a rule and a participant’s ability to understand their rights will always be judged on a case-by-case basis.

Responding to subject access request
When responding to requests, we:

May ask the individual to provide 2 forms of identification

May contact the individual via phone to confirm the request was made

Will respond without delay and within 1 month of receipt of the request (or receipt of the additional information needed to confirm identity, where relevant)

Will provide the information free of charge

May tell the individual we will comply within 3 months of receipt of the request, where a request is complex or numerous. We will inform the individual of this within 1 month, and explain why the extension is necessary

We may not disclose information for a variety of reasons, such as if it:

Might cause serious harm to the physical or mental health of the participant or another individual

Would reveal that the child is being or has been abused, or is at risk of abuse, where the disclosure of that information would not be in the child’s best interests

Would include another person’s personal data that we can’t reasonably anonymise, and we don’t have the other person’s consent and it would be unreasonable to proceed without it

Is part of certain sensitive documents, such as those related to crime, immigration, legal proceedings or legal professional privilege, management forecasts, negotiations, confidential references, or exam scripts

If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee to cover administrative costs. We will take into account whether the request is repetitive in nature when making this decision.

When we refuse a request, we will tell the individual why, and tell them they have the right to complain to the ICO or they can seek to enforce their subject access right through the courts.

Other data protection rights of the individual
In addition to the right to make a subject access request (see above), and to receive information when we are collecting their data about how we use and process it (see section 7), individuals also have the right to:

Withdraw their consent to processing at any time

Ask us to rectify, erase or restrict processing of their personal data (in certain circumstances)

Prevent use of their personal data for direct marketing

Object to processing that has been justified on the basis of public interest, official authority or legitimate interests

Challenge decisions based solely on automated decision making or profiling (i.e. making decisions or evaluating certain things about an individual based on their personal data with no human involvement)

Be notified of a data breach (in certain circumstances)

Make a complaint to the ICO

Ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format (in certain circumstances)

Individuals should submit any request to exercise these rights to the DPO. If staff receive such a request, they must immediately forward it to the DPO.

Parental requests to see the Education and Enrichment Record
Parents, or those with parental responsibility, have a legal right to free access to their child’s educational record (which includes most information about a participant) within 15 working days (Monday – Friday) of receipt of a written request.

If the request is for a copy of the educational record, Inspire Enrichment may charge a fee to cover the cost of supplying it.

This right applies as long as the participant concerned is aged under 18.

There are certain circumstances in which this right can be denied, such as if releasing the information might cause serious harm to the physical or mental health of the participant or another individual, or if it would mean releasing exam marks before they are officially announced.

Photographs and Videos
As part of Inspire Enrichment’s activities, we may take photographs and record images of individuals within our setting.

We will obtain written consent from parents/carers for photographs and videos to be taken of their child for communication, marketing and promotional materials. We will clearly explain how the photograph and/or video will be used to both the parent/carer and the participant.

Any photographs and videos taken by parents/carers at settings events for their own personal use within session times is not permitted, unless confirmed with Ellie or Jade beforehand; in this instance, these are not covered by data protection legislation. We will ask that photos or videos with other participants included are not shared publicly on social media for safeguarding reasons, unless all the relevant parents/carers have agreed to this.

We will obtain written consent from parents/carers, or participants aged 18 and over, for photographs and videos to be taken of participants for communication, marketing and promotional materials.

Where we need parental consent, we will clearly explain how the photograph and/or video will be used to both the parent/carer and the participant. Where we don’t need parental consent, we will clearly explain to the participant how the photograph and/or video will be used.

Where the setting takes photographs and videos, uses may include:

On notice boards and in any magazines, brochures, newsletters, etc for Inspire Enrichment.

Outside of our setting by external agencies such as the newspapers, campaigns

Online on our setting website or social media pages

Consent can be refused or withdrawn at any time. If consent is withdrawn, we will delete the photograph or video and not distribute it further.

When using photographs and videos in this way we will not accompany them with any other personal information about the child, to ensure they cannot be identified.


Artificial Intelligence (AI)
Artificial intelligence (AI) tools are now widespread and easy to access. Staff, participants and parents/carers may be familiar with generative chatbots such as ChatGPT and Google Bard. Hunt Scholars Tuition Ltd recognises that AI has many uses to help participants learn, but also poses risks to sensitive and personal data.

To ensure that personal and sensitive data remains secure, no one will be permitted to enter such data into unauthorised generative AI tools or chatbots.

If personal and/or sensitive data is entered into an unauthorised generative AI tool, Hunt Scholars Tuition Ltd will treat this as a data breach, and will follow the personal data breach procedure outlined in appendix 1.

Data Protection by design and default
We will put measures in place to show that we have integrated data protection into all of our data processing activities, including:

Appointing a suitably qualified DPO, and ensuring they have the necessary resources to fulfil their duties and maintain their expert knowledge

Only processing personal data that is necessary for each specific purpose of processing, and always in line with the data protection principles set out in relevant data protection law (see section 6)

Completing data protection impact assessments where the setting’s processing of personal data presents a high risk to rights and freedoms of individuals, and when introducing new technologies (the DPO will advise on this process)

Integrating data protection into internal documents including this policy, any related policies and privacy notices

Regularly training members of staff on data protection law, this policy, any related policies and any other data protection matters; we will also keep a record of attendance

Regularly conducting reviews and audits to test our privacy measures and make sure we are compliant

Appropriate safeguards being put in place if we transfer any personal data outside of the UK, where different data protection laws may apply

Maintaining records of our processing activities, including:

• For the benefit of data subjects, making available the name and contact details of our setting and DPO, and all information we are required to share about how we use and process their personal data (via our privacy notices)

• For all personal data that we hold, maintaining an internal record of the type of data, type of data subject, how and why we are using the data, any third-party recipients, any transfers outside of the UK and the safeguards for those, retention periods and how we are keeping the data secure.

Data Security and Storage of Records
We will protect personal data and keep it safe from unauthorised or unlawful access, alteration, processing or disclosure, and against accidental or unlawful loss, destruction or damage.

In particular:

Paper-based records and portable electronic devices, such as laptops and hard drives that contain personal data, are kept under lock and key when not in use

Papers containing confidential personal data must not be left on office and classroom desks, on staffroom tables, or left anywhere else where there is general access

Encryption software is used to protect all portable devices and removable media, such as laptops and USB devices

Staff, participants or volunteers who store personal information on their personal devices are expected to follow the same security procedures as for setting-owned equipment

Where we need to share personal data with a third party, we carry out due diligence and take reasonable steps to ensure it is stored securely and adequately protected.

Disposal of records
Personal data that is no longer needed will be disposed of securely. Personal data that has become inaccurate or out of date will also be disposed of securely, where we cannot or do not need to rectify or update it.

For example, we will shred or incinerate paper-based records, and overwrite or delete electronic files. We may also use a third party to safely dispose of records on the setting’s behalf. If we do so, we will require the third party to provide sufficient guarantees that it complies with data protection law.

Personal Data Breaches
The setting will make all reasonable endeavours to ensure that there are no personal data breaches.

In the unlikely event of a suspected data breach, we will follow the procedure set out in appendix 1.

When appropriate, we will report the data breach to the ICO within 72 hours after becoming aware of it. Such breaches in a setting context may include, but are not limited to:

A non-anonymised dataset being published on the setting website, which shows the exam results of participants eligible for the participant premium

Safeguarding information being made available to an unauthorised person

The theft of a setting laptop containing non-encrypted personal data about participants.

Retention of Data
We will retain data for the entirety of a young person’s time with us, and then securely dispose of all data 6 months after notice is given to the ending of a young person’s commission with us.

This is with the exception of sensitive data for example:

Any data which relates to Safeguarding

Any data which relates to SEND

These types of data will be stored securely in line with data protection law.

Training
All staff and volunteers are provided with data protection training as part of their induction process.

Data protection will also form part of continuing professional development, where changes to legislation, guidance or the setting’s processes make it necessary.

Monitoring Arrangements
The DPO is responsible for monitoring and reviewing this policy.

This policy will be reviewed annually and approved by the full governing board.

Links with other Policies
This data protection policy is linked to our:

  • Privacy notices

  • Complaints Policy

  • Access Statement