General Data Protection Regulation Policy
GDPR stands for General Data Protection Regulation and replaces the previous Data Protection Act Directives that were in place. It was approved by the EU Parliament in 2016 and comes into effect on 25th May 2018.
GDPR states that personal data should be ‘processed fairly & lawfully’ and ‘collected for specified, explicit and legitimate purposes’ and that individuals data is not processed without their knowledge and are only processed with their ‘explicit’ consent. GDPR covers personal data relating to individuals. JAG Dance Academy is committed to protecting the rights and freedoms of individuals with respect to the processing of children's, parents, visitors and staff personal data.
The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly.
JAG Dance Academy is registered with the ICO (Information Commissioners Office) under registration reference: ZA375703 The certificate can be found on display in the office.
GDPR includes 7 rights for individuals
1) The right to be informed
JAG Dance Academy and some of its teachers are affiliated to the ISTD (International Society of Teachers of Dance) and as such, is required to collect and manage certain data. We need to know parent’s names, addresses, telephone numbers, email addresses. We need to know children’s’ full names, addresses and date of birth, along with any SEN requirements and medical information relating to the activities they are involved in. We are sometimes requested to provide this data to Kent County Council, Medway Council & other performing council areas; this information is sent to the Local Authority via a secure electronic file transfer system. We may also need to provide names and dates of birth of performers to event/competition organisers.
JAG Dance Academy is required to hold data on its Teachers; names, addresses, email addresses, telephone numbers, date of birth, Self Employed Tax registered information, photographic ID such as passport and driver’s license, bank details. This information is also required for Disclosure and Barring Service checks (DBS) and proof of eligibility to work in the UK. This information is sent via a secure file transfer system to uCheck for the processing of DBS checks. DBS Numbers and date of issue are also held on a central staffing record.
2) The right of access
At any point an individual can make a request relating to their data and JAG Dance Academy will need to provide a response (within 1 month). JAG Dance Academy can refuse a request, if we have a lawful obligation to retain data but we will inform the individual of the reasons for the rejection. The individual will have the right to complain to the ICO if they are not happy with the decision.
3) The right to erasure
You have the right to request the deletion of your data where there is no compelling reason for its continued use. However JAG Dance Academy has a legal duty to keep children’s and parents details for a reasonable time*, JAG Dance Academy retain these records for 3 years after leaving, children's accident and injury records for 19 years (or until the child reaches 21 years), and 22 years (or until the child reaches 24 years) for Child Protection records. Staff records must be kept for 6 years after the member leaves employment, before they can be erased. This data is archived securely onsite and shredded after the legal retention period.
4) The right to restrict processing
Parents, visitors and staff can object to JAG Dance Academy processing their data. This means that records can be stored but must not be used in any way, for example reports or for communications.
5) The right to data portability
JAG Dance Academy requires data to be transferred from one IT system to another; such as from JAG Dance Academy to the Local Authority, for performance BOPA licences, and dance Associations for examinations. These recipients use secure file transfer systems and have their own policies and procedures in place in relation to GDPR.
6) The right to object
Parents, visitors and staff can object to their data being used for certain activities like marketing or research.
7) The right not to be subject to automated decision-making including profiling.
Automated decisions and profiling are used for marketing based organisations. JAG Dance Academy does not use personal data for such purposes.
Storage and use of personal information
All paper copies of children's and staff records are kept in a locked filing cabinet in our main office. The information provided on registration forms is entered on to our secure password protected database. Members of staff can have access to these files but information taken from the files about individual children is confidential and apart from archiving, these records remain on site at all times. These records are shredded after the retention period.
Information about individual children is used in certain documents, such as, a monthly attendance register, referrals to external agencies and disclosure forms. These documents include data such as children's names, date of birth and sometimes address. These records are shredded after the relevant retention period.
JAG Dance Academy collects a large amount of personal data every year including; names and addresses of those on the waiting list. These records are shredded if the child does not attend or added to the child’s file and stored appropriately on our database.
JAG Dance Academy stores personal data held visually in photographs or video clips or as sound recordings, unless consent has been withdrawn in writing. No names are stored with images in photo albums, displays, on the website or on JAG Dance Academy social media sites.
Access to all Office computers is password protected. Any portable data storage used to store personal data, e.g. USB memory stick, camera and ipads are password protected and/or stored in a locked filing cabinet.
GDPR means that JAG Dance Academy must;
* Manage and process personal data properly
* Protect the individual’s rights to privacy
* Provide an individual with access to all personal information held on them
This Policy was adapted in April 2018.
Policy review date: April 2019