ISA PRIVACY NOTICE
WHO WE ARE
The Independent Schools Association (ISA) is an association of member independent schools based in the UK and abroad. There is a trading subsidiary – The Independent Schools Association (Trading) Limited (ISA Trading) – which is part of the ISA and will be assumed to be included in this privacy notice as the activities of ISA and ISA Trading are inextricably linked. The two bodies are treated as one data controlling organisation for the purposes of the relevant legislation, in this case the General Data Protection Regulation (EU 2016/679) and the UK Data Protection Act 2018, as well as potentially other relevant supporting legislation that will follow.
This privacy notice is intended to cover the activities of both ISA and ISA Trading.
WHAT THIS PRIVACY NOTICE IS FOR
This policy is intended to provide information about how ISA will use (or “process”) personal data about individuals including: its own staff; and its current, past and prospective contacts within the schools of ISA Members.
This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff are all encouraged to read this Privacy Notice and understand the ISA obligations to its entire membership.
This Privacy Notice applies alongside any other information ISA may provide about a particular use of personal data, for example when collecting data online or in paper form.
This Privacy Notice also applies in addition to the Association’s other relevant terms and conditions and policies, including:
- any contract between ISA and its staff;
- the Association’s policy on taking, storing and using images;
- the Association’s policy on taking, storing and using video recordings of online courses;
- the Association’s retention of records policy;
- the Association’ health and safety policies, including as to how concerns or incidents are recorded; and
- the Association’s IT policies.
Anyone who works for, or acts on behalf of, ISA (including staff, volunteers, Board Members and service providers) should also be aware of and comply with this Privacy Notice and the Association’s data protection policy for staff, which also provides further information about how personal data about those individuals will be used.
RESPONSIBILITY FOR DATA PROTECTION
ISA has appointed the Office Manager as Privacy Officer, who will deal with all requests and enquiries concerning the Association’s uses of your personal data (see section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law. Contact details are at the bottom of this Privacy Notice.
WHY ISA NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to staff, ISA Members, and those individuals used as contacts within the schools, ISA needs to process a wide range of personal data about individuals (including current, past and prospective staff) as part of its daily operation.
Some of this activity ISA will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its staff, or Members.
Other uses of personal data will be made in accordance with the Association’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals and provided it does not involve special or sensitive types of data.
ISA expects that the following uses will fall within that category of its “legitimate interests”:
- To provide member services, including professional development, training, advice and guidance, and monitoring schools’ progress and needs;
- Maintaining relationships with alumni and ISA community, including direct marketing;
- For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as tax, diversity or gender pay gap analysis);
- To enable relevant authorities to monitor the Association’s performance and to intervene or assist with incidents as appropriate;
- To give and receive information and references about past, current and prospective staff.
- To monitor (as appropriate) use of the Association’s IT and communications systems in accordance with the acceptable use policy;
- To make use of still photographic images and moving video recordings, on ISA website and on social media channels in accordance with the policy on taking, storing and using images of children;
- To carry out or cooperate with any internal or external complaints, disciplinary or investigation process; and
- Where otherwise reasonably necessary for the Association’s purposes, including to obtain appropriate professional advice and insurance for the Association.
In addition, ISA will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexual life) or criminal records information (such as when carrying out DBS checks) in accordance with rights or duties imposed on it by law, including safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:
- In connection with employment of its staff, for example DBS checks, welfare, or pension plans;
- To run any of its systems that operate on biometric data, such as for security and other forms of identification;
- As part of any Association or external complaints, disciplinary or investigation process that involves such data; or
- For legal and regulatory purposes (for example diversity monitoring and health and safety) and to comply with its legal obligations and duties of care.
TYPES OF PERSONAL DATA PROCESSED BY THE ASSOCIATION
This will include by way of example:
- names, addresses, telephone numbers, e-mail addresses and other contact details;
- biometric information, which will be collected and used by ISA in accordance with the Association’s biometrics policy.
- bank details and other financial information;
- personnel files;
- dietary requirements
- where appropriate, information about individuals’ health and welfare, and contact details for their next of kin;
- references given or received by ISA about employees, and relevant information provided by previous employers;
- correspondence with and concerning staff, past and present; and
- images of children and individuals engaging in Association activities.
- video recordings of online training courses (occasional for a specific reason and if all participants agree);
- names and dates of birth of children entered into ISA Sports Events
TYPES OF COMMERCIAL DATA PROCESSED BY THE ASSOCIATION
This will include by way of example:
- contact details of ISA Members’ schools
- inspection reports of ISA Members schools
HOW ISA COLLECTS DATA
Generally, ISA receives personal data directly from the individual or ISA Member. This may be via a form, or simply in the ordinary course of interaction or communication.
However, in some cases personal data will be supplied by third parties (for example another school, or other professionals or authorities working with that individual); or collected from publicly available resources.
WHO HAS ACCESS TO PERSONAL DATA AND WHO ISA SHARES IT WITH
Sometimes, ISA will need to share personal information relating to its community with third parties. For the most part data shared will simply be contact names and email addresses. These sharing agreements might include:
- fellow ISA Members, such as ISA area officers
- regional sports/arts coordinators and individuals and venues hosting or organising ISA events
- partner organisations, such as ISA’s Gold Suppliers, The Independent Schools Council (ISC) and the Independent Schools Inspectorate (ISI)
- tutors providing training, to allow them to tailor the course based on those attending
- caterers and venue providers to ensure dietary needs are met and/or arranging accommodation
- prospective parents enquiring about school places.
- professional advisers (e.g. lawyers, insurers, PR advisers and accountants);
- government authorities (e.g. HMRC, DfE, Companies House, The Charity Commission, police or the local authority); and
- appropriate regulatory bodies e.g.TRA, the Independent Schools Inspectorate, the Charity Commission or the Information Commissioner.
For the most part, personal data collected by ISA will remain within the Association and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis).
Finally, in accordance with Data Protection Law, some of the Association’s processing activity is carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the association’s specific directions.
HOW LONG WE KEEP PERSONAL DATA
ISA will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff personnel files is up to 7 years following departure from the Association.
If you have any specific queries about how our retention policy is applied or wish to request that personal data that you no longer believe to be relevant is considered for erasure, please contact The Privacy Officer. However, please bear in mind that ISA will often have lawful and necessary reasons to hold on to some personal data even following such a request.
A limited and reasonable amount of information will be kept for archiving purposes, for example; and even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact to fulfil your wishes (called a “suppression record”).
Individuals have various rights under Data Protection Law to access and understand personal data about them held by the Association, and in some cases ask for it to be erased or amended or have it transferred to others, or for ISA to stop processing it – but subject to certain exemptions and limitations.
Any individual wishing to access or amend their personal data or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the Privacy Officer.
ISA will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits (which is one month in the case of requests for access to information). ISA may require a proportionate fee (but only where Data Protection Law allows it).
ISA will be better able to respond quickly to smaller, targeted requests for information. If the request for information is manifestly excessive or similar to previous requests, ISA may ask you to reconsider (but only where Data Protection Law allows it).
Requests that cannot be fulfilled
You should be aware that the right of access is limited to your own personal data, and certain data is exempt from the right of access. This will include information which identifies other individuals or information which is subject to legal privilege (for example legal advice given to or sought by the Association, or documents prepared in connection with a legal action).
You may have heard of the “right to be forgotten”. However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this Privacy Notice. All such requests will be considered on their own merits.
Where ISA is relying on consent as a means to process personal data, any person may withdraw this consent at any time (subject to similar age considerations as above). Examples where we do rely on consent are: biometrics, and certain types of uses of images. Please be aware however that ISA may not be relying on consent but have another lawful reason to process the personal data in question even without your consent.
That reason will usually have been asserted under this Privacy Notice or may otherwise exist under some form of contract or agreement with the individual (e.g. an employment contract, or because a purchase of goods, services or membership of an organisation has been requested).
The rights under Data Protection Law belong to the individual to whom the data relates.
DATA ACCURACY AND SECURITY
ISA will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals must please notify the Deputy CEO of any significant changes to important information, such as contact details, held about them.
An individual has the right to request that any out-of-date, irrelevant or inaccurate or information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why ISA may need to process your data, or who you may contact if you disagree.
ISA will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to Association systems. All staff and Board Members will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
ISA will update this Privacy Notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.
QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to the Privacy Officer using the contact details Contact details are Mrs Karen Goddard, 01799 523619, email firstname.lastname@example.org or write to ISA House, 5-7 Great Chesterford Court, Essex CB10 1PF.
If an individual believes that ISA has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should utilise ISA complaints / grievance procedure and should also notify the Privacy Officer. You can also make a referral to or lodge a complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve the matter with ISA before involving the regulator.
22 May 2018