Privacy Notice for Councillors and Trustees

The Shaw Education Trust (“the Trust”) is committed to protecting the privacy and security of your personal information.  The Trust is a charitable company limited by guarantee (registration number 09067175) whose registered office is Shaw Education Trust Head Office, Kidsgrove Secondary School, Gloucester Road, Kidsgrove, ST7 4DL.  The Trust is the Data Controller for all the academies within the Trust.

The Data Protection Officer for the Trust is Natalie Kennedy, natalie.kennedy@shaw-education.org.uk.

This privacy notice describes how we collect and use personal information about you before, during and after your relationship with us as an Academy Councillor or Trustee, in accordance with the General Data Protection Regulation (GDPR).

The Trust is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

(a)       Used lawfully, fairly and in a transparent way.

(b)       Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

(c)        Relevant to the purposes we have told you about and limited only to those purposes.

(d)       Accurate and kept up to date.

(e)       Kept only as long as necessary for the purposes we have told you about.

(f)         Kept securely.

The type of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection.

We will collect, store, and use the following categories of personal information about you:

·         Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses

·         Date of birth

·         Gender

·         Occupation

·         Start date

·         Skills and experience

·         Information acquired as part of your application to become a local governor or trustee (including copies of identity checks (including, where Standard or Enhanced Disclosure and Barring Service Checks, Barred Lists Checks, and disqualification checks, information about bankruptcy, references and other information included in a CV, application form or cover letter or as part of the application process)

·         Information about pecuniary or business held by you or your family members

·         Information about other posts held by you

·         Information about your conduct

·         CCTV footage and other information obtained through electronic means such as swipecard records

·         Information about your use of our information and communications systems

·         Photographs

We may also collect, store and use the following “special categories” of more sensitive personal information:

·         Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions

·         Information about your health, including any medical condition

·         Information about your criminal records, fines and other similar judicial records

How is your personal information collected?

We collect personal information about Academy Councillors and Trustees through the application and recruitment process, either directly from individuals or sometimes from an external organisation such as SGOSS, Academy Ambassadors or the Local Authority.

We will also collect additional personal information in the course of local governor and trustee activities throughout the term of your appointment.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

(a)       Where we need to comply with a legal obligation

(a)       Where we need to protect your interests (or someone else’s interests)

(b)       Where it is needed in the public interest or for official purposes

(c)        Where we have your consent.

Situations in which we will use your personal information

The situations in which we will process your personal information are listed below.

·         Making a decision about whether to appoint you as a local governor or trustee

·         Dealing with any processes for the election of Academy Councillors

·         Checking your suitability to be a local governor or trustee

·         Complying with our general safeguarding obligations

·         Providing information on our website about our Academy Councillors and Trustees

·         Providing information on any online databases to set out our governance arrangements

·         Communicating with stakeholders about the school / trust

·         Delivering the school / trust’s services to our community, and to carry out any other voluntary or charitable activities for the benefit of the public as provided for in our constitution and statutory framework

·         Business management, administrative and planning purposes, including accounting and auditing

·         Financial information such as expenses claimed

·         Responding to complaints or investigations from stakeholders or our regulators

·         Sending you communications connected with your role as a local governor or trustee

·         Making decisions about your continued appointment as a local governor or trustee

·         Making arrangements for the termination of your appointment

·         Education, training and development requirements

·         For the purposes of carrying out governance reviews

·         Dealing with legal disputes involving you or other stakeholders

·         Complying with health and safety obligations

·         For the purposes of keeping records about local governor or trustee decision-making processes, including copies of minutes, reports and other documentation

·         Where you sit on a committee or a panel on a school or Trust matter we may process your name, opinions, comments and decisions attributed to you, for example, if you sit on a panel for the purposes of considering a complaint, exclusion or HR issue

·         To prevent fraud

·         To monitor your use of our information and communication systems to ensure compliance with our IT policies

·         To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution

·         To maintain and promote equality

·         To receive advice from external advisors and consultants

·         In appropriate circumstances to liaise with regulatory bodies, the Department for Education, the DBS and the Local Authority about your suitability to be a local governor or  trustee or in connection with other regulatory matters

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may be prevented from complying with our legal obligations (such as to discharge our safeguarding obligations) or we may be unable to discharge our obligations which may be in the public interest or for official purposes.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

“Special categories” of particularly sensitive personal information require us to ensure higher levels of data protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

(a)       In limited circumstances, with your explicit written consent.

(b)       Where we need to carry out our legal obligations and in line with our Data Protection Policy.

(c)        Where it is needed in the public interest and in line with our Data Protection Policy.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Our obligations

We will use your particularly sensitive personal information in the following ways:

·         We will hold information relating to sickness-related absence from your local governor or trustee commitments.

·         We will use information about your physical or mental health, or disability status, to ensure your health and safety and to provide appropriate adjustments to comply with the Equality Act 2010.

Do we need your consent?

We do not need your consent if we use your particularly sensitive information in accordance with our written policy where processing is necessary:

·         for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;

·         for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, where we respect the essence of the right to data protection and where we provide for suitable and specific measures to safeguard your fundamental rights.

In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our Data Protection Policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

We envisage that we will hold information about criminal convictions, for example, if information about criminal convictions comes to light as a result of our appointment and Disclosure and Barring Service checks, or if information about criminal convictions comes to light during your time as a local governor or trustee.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

(a)       Where we have notified you of the decision and given you 21 days to request a reconsideration.

(b)       In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Data sharing

We may have to share your data with third parties, including third-party service providers and other organisations.

In particular, we may share your data with organisations including, but not limited to, the following:

·         the Local Authority

·         the Department for Education

·         the Education & Skills Funding Agency

·         the Shaw Education Trust

·         the Disclosure and Barring Service

·         our external HR providers, for example, if you are involved in considering a disciplinary matter

·         the Police or other law enforcement agencies

·         our IT provider

·         our legal advisors / other external consultants

·         insurance providers

We require third parties to respect the security of your data and to treat it in accordance with the law. Some of the organisations referred to above are joint data controllers. This means we are all responsible to you for how we process your data.

We may transfer your personal information outside the EU.  If we do, you can expect a similar degree of protection in respect of your personal information.

Why might we share your personal information with third parties?

We will share your personal information with third parties where required by law, where it is needed in the public interest or for official purposes or where we have your consent.

Which third-party service providers process your personal information?

“Third parties” includes third-party service providers (including contractors and designated agents). The following activities are carried out by third-party service providers: None

How secure is your information with third-party service providers?

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may share your personal information with other third parties, for example if there are changes to the Trust in future. We may also need to share your personal information with a regulator or to otherwise comply with the law.   

From time to time, we may disclose your personal data in response to a request for information pursuant to the Freedom of Information Act 2000 or following a data subject access request.  We may approach you for your consent but, in any event, we will only disclose your personal data if we are satisfied that it is reasonable to do so in all the circumstances.  This means that we may refuse to disclose some or all of your personal data following receipt of such a request.

Transferring information outside the EU

We do not transfer your information outside of the EU for operational reasons.

We will notify you of any data that is required to be transferred outside of the EU if the situation arises and notify you of the measures taken to ensure that your information is transferred and processed in a secure manner.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available within our Data Security Policy.

Third parties who are processing personal data on our behalf will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the DPO.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

How long will we use your information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, insurance or reporting requirements. Details of retention periods for different aspects of your personal information are available in our Data Retention Policy which is available from Academy website. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a local governor or trustee of the Trust we will retain and securely destroy your personal information in accordance with our Data Retention Policy and applicable laws and regulations.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your appointment as a trustee or local governor.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

·         Request access to your personal information (data subject access request). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

·         Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

·         Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

·         Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

·         Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

·         Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the DPO in writing.

The legal timescales for the school / trust to respond to a Subject Access Request is one calendar month.  As the school / trust has limited staff resources outside of term time, we encourage you to submit any Subject Access Requests during term time and to avoid sending a request during periods when the School is closed or is about to close for the holidays where possible.  This will assist us in responding to your request as promptly as possible.  [For further information about how we handle Subject Access Requests, please see our Data Protection Policy].

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the DPO.   Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data protection officer

We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO, Natalie Kennedy, via natalie.kennedy@shaw-education.org.uk. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

 

If you have any questions about this privacy notice, please contact the DPO, Natalie Kennedy, on natalie.kennedy@shaw-education.org.uk