UK Young Autism Project’s data protection policy sets out our commitment to protecting personal data and how we implement that commitment with regards to the collection and use of personal data.
UK Young Autism Project is committed to:
- ensuring that we comply with the eight data protection principles, as listed below
- meeting our legal obligations as laid down by the Data Protection Act 1998 and the General Data Protection Regulation 2018.
- ensuring that data are collected and used fairly and lawfully
- processing personal data only in order to meet our operational needs or fulfil legal requirements
- taking steps to ensure that personal data are up to date and accurate
- establishing appropriate retention periods for personal data
- ensuring that data subjects' rights can be appropriately exercised
- providing adequate security measures to protect personal data
- ensuring that a nominated officer is responsible for data protection compliance and provides a point of contact for all data protection issues
- ensuring that all staff are made aware of good practice in data protection
- providing adequate training for all staff responsible for personal data
- ensuring that everyone handling personal data knows where to find further guidance
- ensuring that queries about data protection, internal and external to the company, are dealt with effectively and promptly
- regularly reviewing data protection procedures and guidelines within the company
Data protection principles
- Personal data shall be processed fairly and lawfully.
- Personal data shall be obtained for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
- Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
- Personal data shall be accurate and, where necessary, kept up to date.
- Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act 1998.
- Appropriate technical and organisational measures shall be taken against unauthorised and unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
- Personal 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 data.
Personal data means data which relate to a living individual who can be identified:
- from those data, or
- from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,….and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.
Personal data includes name, address, telephone number, email, ip addresses from a web browser, or any information whereby someone can identify who you are.
Personal data also includes information written about another individual (whoever that person is, e.g. client, staff member, any other person), and this includes correspondence such as emails. The information written about that person is their personal data, it is also the personal data of the person writing the email, as well as the recipient of the email. Therefore any requests for personal data held by a data controller includes any information written about them or to them in emails or other correspondence, reports, etc. Text messages, CCTV and paper documents are also personal data.
A person (i.e. an individual or organisation) who decides the manner and purpose of how personal data is processed (in this case – UK YAP/UK Behaviour Analysis and Research Group CIC).
A person (as above) who processes on behalf of the data controller and under instruction from the data controller, e.g. external individual or organisation which contracts with the company to provide services (in this case – UKYAP engages the services of an IT Company for their shared drive secure storage of documents (Riverbank IT Management Ltd), an online accounting system (Xero), also the services of an accountancy company to process pay roll and company accounts (MHA MacIntyre Hudson) see more information below.
Obtaining, sharing, viewing, recording or holding the information or data or carrying out any or set of operations on the information or data. The definition is wide and includes just about anything that could be done with personal data.
An individual who is the subject of personal data or the person to whom the information relates: client (parent or child) and staff members.
The meaning given in the Education act 1996, and includes any person having parental responsibility or care of a child. Also referred to as the “client”.
Refers to UK Young Autism Project/UK Behaviour Analysis and Research Group CIC.
Fair obtaining and processing
UK Young Autism Project undertakes to obtain and process data fairly and lawfully by informing all data subjects of the reasons for data collection, the purposes for which the data are held, the likely recipients of the data and the data subjects' right of access. Information about the use of personal data is printed on the appropriate collection form. If details are given verbally, the person collecting will explain the issues before obtaining the information.
This policy should also be read inconjunction with the “Privacy Notice and Data Protection Information for Parents” document and staff members must follow procedures outlined in that document.
Personal data obtained and held about staff members is for the purposes of employment and health & safety whilst at work. Information collected includes name, address, date of birth, national insurance number, bank account and sort code, and next of kin (for emergency contact).
Name, address, date of birth, and emergency contact information are held on a secure shared drive provided and managed by the IT company named above. This can be accessed by senior staff members at UKYAP.
Paper copies of personnel files are held in a secure storage unit in London.
Bank details will be inputted into the company’s online bank accounting system. This information will be available only to senior members of staff with access to the bank account (this is four senior members of staff only) for the purposes of making salary or expenses payments.
Name, address, date of birth, and national insurance number are shared with the accountancy company named above, for the purposes of pay roll.
CCTV/webcam footage may be recorded for the purposes of monitoring teaching and involving parents. This footage will not be kept longer than 40 days and will be held securely.
Data subjects have the right to withdraw consent to collection and use of personal data at any time and ask for information to be deleted, however employment or services may not be able to continue without the ability for the company to process personal data.
UK Young Autism Project undertakes to ensure data integrity by the following methods:
Data held will be as accurate and up-to-date as is reasonably possible. If a data subject informs the company of a change of circumstances, their record will be updated as soon as is practicable. An accuracy check will be conducted every twelve months.
Data adequacy and relevance
Data held will be adequate, relevant and not excessive in relation to the purpose for which the data are being held. In order to ensure compliance with this principle, the company will check records regularly for missing, irrelevant or seemingly excessive information and may contact data subjects to verify certain items of data.
Length of time
Data held regarding clients will be kept until the client’s 25th birthday or ten years after the date of lleaving, whichever is the longest. It is the duty of the company directors, to ensure that obsolete data are properly erased.
Data held regarding children and their families that have enquired about the programme will be kept for a period of three months.
Data held regarding applications that do not lead to employment, will be held for a period of six months and then destroyed.
Data held regarding ex-employees will be kept for a period of six years from the date employment ceased. After six years, minimal data (including name, contact details, employment period, and position) will be kept indefinitely on a database on a secure network.
Processing Subject Access Requests
Data subjects have the right to access all personal data held by the company.
A Data Subject Access form must be completed and is available from the company directors.
Completed forms should be submitted to a company director. Provided that there is sufficient information to process the request, an entry will be made in the Subject Access log book, showing the date of receipt, the data subject's name, the name and address of requester (if different), the type of data required (e.g. Client Record), and the planned date of supplying the information (not more than one month from the request date). Should more information be required, for example to establish the type of data requested, the date of entry in the log will be the date on which sufficient information has been provided.
Requests for access must be made in writing.
The Company will, in general, only disclose data about individuals with their consent. However there are circumstances under which the Company's authorised officer may need to disclose data without explicit consent for that occasion.
These circumstances are strictly limited to:
- Client data disclosed to authorised recipients related to education and administration necessary for the company to perform its statutory duties and obligations.
- Client data disclosed to authorised recipients in respect of their child's health, safety and welfare.
- Staff data disclosed to relevant authorities e.g. in respect of payroll and administrative matters.
- Only authorised and trained staff members are allowed to make external disclosures of personal
Data used by administrative staff, tutors, senior tutors, and consultants will only be made available where the person requesting the information is a professional legitimately working within the company who needs to know the information in order to do their work. The company will not disclose anything regarding client records which would be likely to cause serious harm to their physical or mental health or that of anyone else to anyone who does not have a legitimate need to access this information.
A "legal disclosure" is the release of personal information from the computer to someone who requires the information to do his or her job within or for the company, provided that the purpose of that information has been registered.
An "illegal disclosure" is the release of information to someone who does not need it, or has no right to it, or one which falls outside the company’s purposes.
Data and computer security
UK Young Autism Project undertakes to ensure security of personal data by the following methods:
All personal data is kept on a secure network provided by Riverbank IT Management Ltd. Only authorised users are allowed access to the computer files and password changes are regularly undertaken. Computer files are backed up (i.e. security copies are taken) regularly.
In order to be given authorised access to the computer, staff undergo checks and sign a confidentiality agreement. All staff members are trained in their Data Protection obligations and their knowledge updated as necessary. Computer printouts as well as source documents are shredded before disposal.
Overall security policy for data is determined by the company directors and is monitored and reviewed regularly, especially if a security loophole or breach becomes apparent. The company's security policy is kept in a safe place at all times.
Any queries or concerns about security of data in the company should in the first instance be referred to a company director.
Individual members of staff can be personally liable in law under the terms of the Data Protection Acts. They may also be subject to claims for damages from persons who believe that they have been harmed as a result of inaccuracy, unauthorised use or disclosure of their data. A deliberate breach of this Data Protection Policy will be treated as disciplinary matter, and serious breaches could lead to dismissal.
Details on any aspect of this policy and its implementation can be obtained from the company directors, Catherine Gale and Diane Hayward.
Further information and complaints:
Any queries or concerns about security of data in the company should in the first instance be referred to a company directors, who are the nominated officers for data protection compliance.
The Independent Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights in the public interest. Complaints about handling of personal data can be dealt with by the ICO. Details can be found at www.ico.org.uk.