RICKMANSWORTH SCHOOL ENTERPRISES LIMITED

Data Protection Policy 2024-25

Version:	2
Version Author:	Emma Gritten
Version Ratified By:	Directors
Date Version Ratified:	11 December 2024
SLT’s Lead	Emma Gritten
Date this version issued:	December 2024
Last Review Date:	November 2023
Next Review Date:	December 2025
Target Audience:	Directors, Seconded Staff, Hirers, Gym members

Data Protection Policy - Rickmansworth School Enterprises Limited

Table of Contents

OVERVIEW 3 Purpose 3 Review Process 3

1. Policy Statement and Objectives 4 2. Status of the Policy 4 3. Data Protection Officer 4 4. Definition of Terms 5 5. Data Protection Principles 6 6. Specified, Explicit and Legitimate Purposes 9 7. Adequate, Relevant and Limited to What is Necessary 9 8. Accurate and, Where Necessary, Kept up to Date 10 9. Data to be Kept for no Longer than is Necessary for the Purposes for Which the

Personal Data are Processed 11 10. Data to be Processed in a Manner that Ensures Appropriate Security of the Personal Data 11 Appendix 1 – UK GDPR Clauses 19 Appendix 2 – Privacy Notices 20

Why do we collect and use hirer and gym member information? 20 Collecting hirer and gym member information 21 Storing hirer and gym member data 21 Who do we share hirer and gym member information with? 22 Requesting access to your personal data 22 No fee usually required 23 What we may need from you 23

RIGHT TO WITHDRAW CONSENT 23 DATA PROTECTION OFFICER 23 CHANGES TO THIS PRIVACY NOTICE 24

Data Protection Policy - Rickmansworth School Enterprises Limited

OVERVIEW

Purpose

The objectives of this Data Protection Policy are to ensure that Rickmansworth School Enterprises Limited (RSEL) and its directors and seconded staff are informed about, and comply with, their obligations under the UK General Data Protection Regulation (‘UK GDPR’), the Data Protection Act 2018 (‘DPA’), and other regulations (together ‘the UK Data Protection Legislation’).

A reference copy of this document is kept on the shared drive and it will be brought to the attention of all members of staff.

Review Process

This document will be reviewed in accordance with our policy review process on a yearly basis or on the introduction of new or amended relevant legislation.

Tony Walker DIRECTOR

Matt Fletcher DIRECTOR

Data Protection Policy - Rickmansworth School Enterprises Limited

1. Policy Statement and Objectives

1.1 The objectives of this Data Protection Policy are to ensure that Rickmansworth School Enterprises Limited (RSEL) and its directors and seconded staff are informed about, and comply with, their obligations under the UK General Data Protection Regulation (“the UK GDPR”) and other data protection legislation.

1.2 RSEL is a trading subsidiary of Rickmansworth School and is the Data Controller for all the Personal Data processed by RSEL.

1.3 Everyone has rights with regard to how their personal information is handled. During the course of our activities we will process personal information about a number of different groups of people and we recognise that we need to treat it in an appropriate and lawful manner.

1.4 The type of information that we may be required to handle include hirers’ and gym members’ information and other individuals that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the UK GDPR and other legislation. The UK GDPR imposes restrictions on how we may use that information.

1.5 This policy does not form part of any employee’s contract of employment and it may be amended at any time. Any breach of this policy by members of seconded staff will be taken seriously and may result in disciplinary action and serious breaches may result in dismissal. Breach of the UK GDPR may expose RSEL to enforcement action by the Information Commissioner’s Office (ICO), including the risk of fines. Furthermore, certain breaches of the Act can give rise to personal criminal liability for RSEL’s seconded employees. At the very least, a breach of the UK GDPR could damage our reputation and have serious consequences for RSEL, its controlling shareholder Rickmansworth School and for our stakeholders.

2. Status of the Policy

2.1 This policy has been approved by the Directors of RSEL. It sets out our rules on data protection and the legal conditions that must be satisfied in relation to the obtaining, handling, processing, storage, transportation and destruction of personal information.

3. Data Protection Officer

3.1 The Data Protection Officer (the “DPO”) is responsible for ensuring that RSEL is compliant with the UK data protection legislation and with this policy. This post is held by Mr Matthew Lantos, DPO@rickmansworth.herts.sch.uk. Any questions or concerns about the operation of this policy should be referred in the first instance to the DPO.

3.2 The DPO will play a major role in embedding essential aspects of the UK GDPR into RSEL’s culture, from ensuring the data protection principles are respected to

Data Protection Policy - Rickmansworth School Enterprises Limited

preserving data subject rights, recording data processing activities and ensuring the security of processing.

3.3 The DPO should be involved, in a timely manner, in all issues relating to the protection of personal data. To do this, the UK GDPR requires that DPOs are provided with the necessary support and resources to enable the DPO to effectively carry out their tasks. Factors that should be considered include the following:

3.3.1 senior management support;

3.3.2 time for DPOs to fulfil their duties;

3.3.3 adequate financial resources, infrastructure (premises, facilities and equipment) and seconded staff where appropriate;

3.3.4 official communication of the designation of the DPO to make known existence and function within the organisation;

3.3.5 access to other services, such as HR, IT and security, who should provide support to the DPO;

3.3.6 continuous training so that DPOs can stay up to date with regard to data protection developments;

3.3.7 where a DPO team is deemed necessary, a clear infrastructure detailing roles and responsibilities of each team member;

3.3.8 whether RSEL should give the DPO access to external legal advice to advise the DPO on their responsibilities under this Data Protection Policy. 3.4 The DPO is responsible for ensuring that RSEL’s Processing operations adequately safeguard Personal Data, in line with legal requirements. This means that the governance structure within RSEL must ensure the independence of the DPO.

3.5 RSEL will ensure that the DPO does not receive instructions in respect of the carrying out of their tasks, which means that the DPO must not be instructed how to deal with a matter, such as how to investigate a complaint or what result should be achieved. Further, the DPO should report directly to the highest management level, i.e. the Directors.

3.6 The requirement that the DPO reports directly to the directors ensures that the directors are made aware of the pertinent data protection issues. In the event that RSEL decides to take a certain course of action despite the DPO's advice to the contrary, the DPO should be given the opportunity to make their dissenting opinion clear to the Directors and to any other decision makers.

3.7 If you consider that the policy has not been followed in respect of Personal Data about yourself or others, you should raise the matter with the DPO.

4. Definition of Terms

4.1 Biometric Data means Personal Data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images;

4.2 Consent of the Data Subject means any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a

Data Protection Policy - Rickmansworth School Enterprises Limited

statement or by a clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her;

4.3 Data is information which is stored electronically, on a computer, or in certain paper-based filing systems or other media such as CCTV;

4.4 Data Subjects for the purpose of this policy include all living individuals about whom we hold Personal Data. A Data Subject need not be a UK national or resident. All Data Subjects have legal rights in relation to their Personal Data.

4.5 Data Controllers means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

4.6 Data Users include employees, hirers, gym members or others whose work involves using Personal Data. Data Users have a duty to protect the information they handle by following our data protection and security policies at all times;

4.7 Data Processors means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller; 4.8 Personal Data means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

4.9 Personal Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed;

4.10 Privacy by Design means implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the UK GDPR; 4.11 Processing means any operation or set of operations which is performed on

Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

4.12 Special Category Data means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

5. Data Protection Principles

5.1 Anyone processing Personal Data must comply with the enforceable principles of good practice. These provide that Personal Data must be:

5.1.1 processed lawfully, fairly and in a transparent manner in relation to individuals;

5.1.2 collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further

Data Protection Policy - Rickmansworth School Enterprises Limited

processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

5.1.3 adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

5.1.4 accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that Personal Data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

5.1.5 kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the Personal Data are processed; Personal Data may be stored for longer periods insofar as the Personal Data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the UK GDPR in order to safeguard the rights and freedoms of individuals; and

5.1.6 Processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

5.2 Processed lawfully, fairly and in a transparent manner

5.2.1 The UK GDPR is intended not to prevent the processing of Personal Data, but to ensure that it is done fairly and without adversely affecting the rights of the Data Subject. The Data Subject must be told who the Data Controller is (in this case RSEL), who the Data Controller’s representative is (in this case the DPO), the purpose for which the data is to be Processed by us, and the identities of anyone to whom the Data may be disclosed or transferred.

5.2.2 For Personal Data to be processed lawfully, certain conditions have to be met. These may include:

5.2.2.1 where we have the Consent of the Data Subject;

5.2.2.2 where it is necessary for compliance with a legal obligation; 5.2.2.3 where processing is necessary to protect the vital interests of the Data Subject or another person;

5.2.2.4 where it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

5.2.3 Personal data may only be processed for the specific purposes notified to the Data Subject when the data was first collected, or for any other purposes specifically permitted by the Act. This means that Personal Data must not be collected for one purpose and then used for another. If it becomes necessary to change the purpose for which the data is processed, the Data Subject must be informed of the new purpose before any processing occurs.

5.3 Special Category Data

Data Protection Policy - Rickmansworth School Enterprises Limited

5.3.1 On occasions RSEL will be processing Special Category Data about our stakeholders. We recognise that the law states that this type of Data needs more protection. Therefore, Data Users must be more careful with the way in which we process Special Category Data.

5.3.2 When Special Category Data is being processed, as well as establishing a lawful basis (as outlined in paragraph 5.1 above), a separate condition for processing it must be met. In most cases the relevant conditions are likely to be that:

5.3.2.1 the Data Subject’s explicit consent to the processing of such data has been obtained

5.3.2.2 processing is necessary for reasons of substantial public interest, on the basis of UK law which shall be proportionate to the aim pursued, where we respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the Data Subject;

5.3.2.3 processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving consent;

5.3.2.4 processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the Data Controller or of the Data Subject in the field of employment law in so far as it is authorised by UK law or a collective agreement providing for appropriate safeguards for the fundamental rights and the interests of the Data Subject.

5.6 Transparency

5.6.1 One of the key requirements of the UK GDPR relates to transparency. This means that RSEL must keep Data Subjects informed about how their Personal Data will be processed when it is collected.

5.6.2 One of the ways we provide this information to individuals is through a privacy notice which sets out important information about what we do with their Personal Data. RSEL has developed privacy notices for the following categories of people:

5.6.2.1 Hirers and gym members

5.6.3 RSEL wishes to adopt a layered approach to keeping people informed about how we process their Personal Data. This means that the privacy notice is just one of the tools we will use to communicate this information. Employees are expected to use other appropriate and proportionate methods to tell individuals how their Personal Data is being processed if Personal Data is being processed in a way that is not envisaged by our privacy notices and / or at the point when individuals are asked to provide their Personal Data, for example, where Personal Data is collected about visitors to the premises or if we ask people to complete forms requiring them to provide their Personal Data.

Data Protection Policy - Rickmansworth School Enterprises Limited

5.6.4 We will ensure that privacy notices are concise, transparent, intelligible and easily accessible; written in clear and plain language; and free of charge.

5.7 Consent

5.7.1 RSEL must only process Personal Data on the basis of one or more of the lawful bases set out in the UK GDPR, which include Consent. Consent is not the only lawful basis and there are likely to be many circumstances when we process Personal Data and our justification for doing so is based on a lawful basis other than Consent.

5.7.2 A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters.

5.7.3 Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if we intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.

5.7.4 Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Special Category Data. Often we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Sensitive Data.

5.7.5 Evidence and records of Consent must be maintained so that RSEL can demonstrate compliance with Consent requirements.

6. Specified, Explicit and Legitimate Purposes

6.1 Personal data should only be collected to the extent that it is required for the specific purpose notified to the Data Subject, for example, in the Privacy Notice or at the point of collecting the Personal Data. Any data which is not necessary for that purpose should not be collected in the first place.

6.2 RSEL will be clear with Data Subjects about why their Personal Data is being collected and how it will be processed. We cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless we have informed the Data Subject of the new purposes and they have Consented where necessary.

7. Adequate, Relevant and Limited to What is Necessary

7.1 RSEL will ensure that the Personal Data collected is adequate to enable us to perform our functions and that the information is relevant and limited to what is necessary.

7.2 In order to ensure compliance with this principle, RSEL will check records at appropriate intervals for missing, irrelevant or seemingly excessive information and may contact Data Subjects to verify certain items of data.

Data Protection Policy - Rickmansworth School Enterprises Limited

7.3 Seconded employees must also give due consideration to any forms stakeholders are asked to complete and consider whether all the information is required. We may only collect Personal Data that is needed to operate and we should not collect excessive data. We should ensure that any Personal Data collected is adequate and relevant for the intended purposes.

7.4 RSEL will implement measures to ensure that Personal Data is processed on a ‘Need to Know’ basis. This means that the only members of seconded staff or directors who need to know Personal Data about a Data Subject will be given access to it and no more information than is necessary for the relevant purpose will be shared. In practice, this means that RSEL may adopt a layered approach in some circumstances, for example, members of seconded staff or directors may be given access to basic information about a hirer or gym member if they need to know it for a particular purpose but other information about a Data Subject may be restricted to certain members of seconded staff who need to know it, for example, where the information is Special Category Data, relates to criminal convictions or offences or is confidential in nature (for example, child protection or safeguarding records).

7.5 When Personal Data is no longer needed for specified purposes, it must be deleted or anonymised in accordance with RSEL’s data retention guidelines.

8. Accurate and, Where Necessary, Kept up to Date

8.1 Personal data must be accurate and kept up to date. Information which is incorrect or misleading is not accurate and steps should therefore be taken to check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. Inaccurate or out-of-date data should be destroyed.

8.2 If a Data Subject informs RSEL of a change of circumstances their records will be updated as soon as is practicable.

8.3 Where a Data Subject challenges the accuracy of their data, RSEL will immediately mark the record as potentially inaccurate, or ‘challenged’. In the case of any dispute, we shall try to resolve the issue informally, but if this proves impossible, disputes will be referred to the Data Protection for their judgement. If the problem cannot be resolved at this stage, the Data Subject should refer their complaint to the Information Commissioner’s Office. Until resolved the ‘challenged’ marker will remain and all disclosures of the affected information will contain both versions of the information.

8.4 Notwithstanding paragraph 8.3, a Data Subject continues to have rights under the UK GDPR and may refer a complaint to the Information Commissioner’s Office regardless of whether the procedure set out in paragraph 8.3 has been followed.

Data Protection Policy - Rickmansworth School Enterprises Limited

9. Data to be Kept for no Longer than is Necessary for the Purposes for Which the Personal Data are Processed

9.1 Personal data should not be kept longer than is necessary for the purpose for which it is held. This means that data should be destroyed or erased from our systems when it is no longer required.

9.2 It is the duty of the DPO, after taking appropriate guidance for legal considerations, to ensure that obsolete data are properly erased. RSEL follows the School’s data retention policy.

10. Data to be Processed in a Manner that Ensures Appropriate Security of the Personal Data

10.1 RSEL has taken steps to ensure that appropriate security measures are taken against unlawful or unauthorised processing of Personal Data, and against the accidental loss of, or damage to, Personal Data. Data Subjects may apply to the courts for compensation if they have suffered damage from such a loss.

10.2 The UK GDPR requires us to put in place procedures and technologies to maintain the security of all Personal Data from the point of collection to the point of destruction.

10.3 We will develop, implement and maintain safeguards appropriate to our size, scope, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data.

10.4 Data Users are responsible for protecting the Personal Data we hold. Data Users must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. Data Users must exercise particular care in protecting Special Category Data from loss and unauthorised access, use or disclosure.

10.5 Data Users must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. Data Users must comply with all applicable aspects of our Data Protection Policy and e-Safety Policy and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the UK GDPR and relevant standards to protect Personal Data.

10.6 Maintaining data security means guaranteeing the confidentiality, integrity and availability of the Personal Data, defined as follows:

10.6.1 Confidentiality means that only people who are authorised to use the data can access it.

10.6.2 Integrity means that Personal Data should be accurate and suitable for the purpose for which it is processed.

Data Protection Policy - Rickmansworth School Enterprises Limited

10.6.3 Availability means that authorised users should be able to access the data if they need it for authorised purposes.

10.7 It is the responsibility of all members of seconded staff and directors to work together to ensure that the Personal Data we hold is kept secure. We rely on our colleagues to identify and report any practices that do not meet these standards so that we can take steps to address any weaknesses in our systems. Anyone who has any comments or concerns about security should notify the Lettings Administrator or the DPO.

10.8 Please see our Data Security Policy for details for the arrangements in place to keep Personal Data secure:

10.9 Directors

10.9.1 Directors are likely to process Personal Data when they are performing their duties. Directors should be trained on RSEL’s data protection processes as part of their induction and should be informed about their responsibilities to keep Personal Data secure. This includes:

10.9.1.1 Ensure that Personal Data which comes into their possession as a result of their duties is kept secure from third parties, including family members and friends;

10.9.1.2Ensure they are provided with a copy of Rickmansworth School’s Data Security Policy.

10.9.1.3Using a work email account for any work-related communications; 10.9.1.4Ensuring that any work-related communications or information stored or saved on an electronic device or computer is password protected and where required encrypted;

10.9.1.5Taking appropriate measures to keep Personal Data secure, which includes ensuring that hard copy documents are securely locked away so that they cannot be accessed by third parties.

10.9.2 Directors will be asked to read and sign an Acceptable Use Agreement for Rickmansworth School.

11. Processing in line with Data Subjects’ rights

11.1 Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:

11.1.1 withdraw Consent to Processing at any time;

11.1.2 receive certain information about the Data Controller’s Processing activities;

11.1.3 request access to their Personal Data that we hold;

11.1.4 prevent our use of their Personal Data for direct marketing purposes; 11.1.5 ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;

11.1.6 restrict Processing in specific circumstances;

11.1.7 challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;

11.1.8 request a copy of an agreement under which Personal Data is transferred outside of the UK;

Data Protection Policy - Rickmansworth School Enterprises Limited

11.1.9 object to decisions based solely on Automated Processing, including profiling (Automated Decision Making);

11.1.10 prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;

11.1.11 be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;

11.1.12 make a complaint to the supervisory authority (the ICO); and 11.1.13 in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine readable format.

11.2 We are required to verify the identity of an individual requesting data under any of the rights listed above. Members of seconded staff should not allow third parties to persuade them into disclosing Personal Data without proper authorisation.

12. Dealing with subject access requests

12.1 The UK GDPR extends to all Data Subjects a right of access to their own Personal Data. A formal request from a Data Subject for information that we hold about them must be made in writing. RSEL can invite a Data Subject to complete a form but we may not insist that they do so.

12.2 It is important that all members of seconded staff are able to recognise that a written request made by a person for their own information is likely to be a valid Subject Access Request, even if the Data Subject does not specifically use this phrase in their request or refer to the UK GDPR. In some cases, a Data Subject may mistakenly refer to the “Freedom of Information Act” but this should not prevent RSEL from responding to the request as being made under the UK GDPR, if appropriate. Some requests may contain a combination of a Subject Access Request for Personal Data under the UK GDPR and a request for information under the Freedom of Information Act 2000 (“FOIA”). Requests for information under the FOIA must be dealt with promptly and in any event within 20 working days.

12.3 Any member of seconded staff who receives a written request of this nature must immediately forward it to the DPO as the statutory time limit for responding is one calendar month.

12.4 As the time for responding to a request does not stop during the periods when RSEL is closed for the holidays, we will attempt to mitigate any impact this may have on the rights of data subjects to request access to their data by implementing the following measures:

12.5 Utilising a general Data Protection email address that will be monitored and if required has an out of office auto reply with appropriate statements. 12.6 A fee may not be charged to the individual for provision of this information. 12.7 RSEL may ask the Data Subject for reasonable identification so that they can satisfy themselves about the person’s identity before disclosing the information. 12.8 In order to ensure that people receive only information about themselves it is essential that a formal system of requests is in place.

12.9 Following receipt of a subject access request, and provided that there is sufficient information to process the request, an entry should be made in RSEL’s

Data Protection Policy - Rickmansworth School Enterprises Limited

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, and the planned date for supplying the information (not more than one calendar month from the request date). Should more information be required to establish either the identity of the Data Subject (or agent) or the type of data requested, the date of entry in the log will be the date on which sufficient information has been provided.

12.10 Where requests are “manifestly unfounded or excessive”, in particular because they are repetitive, RSEL can:

12.10.1 charge a reasonable fee taking into account the administrative costs of providing the information; or

12.10.2 refuse to respond.

12.11 Where we refuse to respond to a request, the response must explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within one month. Members of seconded staff should refer to any guidance issued by the ICO on Subject Access Requests and consult the DPO before refusing a request.

12.12 Certain information may be exempt from disclosure, so members of seconded staff will need to consider what exemptions (if any) apply and decide whether you can rely on them. For example, information about third parties may be exempt from disclosure. In practice, this means that you may be entitled to withhold some documents entirely or you may need to redact parts of them. Care should be taken to ensure that documents are redacted properly. Please seek further advice or support from the DPO if you are unsure which exemptions apply.

13. Providing information over the telephone

13.1 Any member of seconded staff dealing with telephone enquiries should be careful about disclosing any Personal Data held by RSEL whilst also applying common sense to the particular circumstances. In particular, they should: 13.1.1 Check the caller’s identity to make sure that information is only given to a person who is entitled to it.

13.1.2 Suggest that the caller put their request in writing if they are not sure about the caller’s identity and where their identity cannot be checked. 13.1.3 Refer to their line manager or the DPO for assistance in difficult situations. No-one should feel pressurised into disclosing personal information.

14. Authorised disclosures

14.1 RSEL will only disclose data about individuals if one of the lawful bases apply. 14.2 Only authorised and trained seconded staff are allowed to make external disclosures of Personal Data. RSEL will regularly share Personal Data with third parties where it is lawful and appropriate to do so including, but not limited to, the following:

14.2.1 the Police or other law enforcement agencies

14.2.2 our legal advisors and other consultants

14.2.3 insurance providers

14.2.4 Courts, if ordered to do so;

Data Protection Policy - Rickmansworth School Enterprises Limited

14.2.5 prevent teams in accordance with the Prevent Duty on schools; 14.2.6 some of the organisations we share Personal Data with may also be Data Controllers in their own right in which case we will be jointly controllers of Personal Data and may be jointly liable in the event of any data breaches

14.3 Data Sharing Agreements should be completed when setting up ‘on-going’ or ‘routine’ information sharing arrangements with third parties who are Data Controllers in their own right. However, they are not needed when information is shared in one-off circumstances but a record of the decision and the reasons for sharing information should be kept.

14.4 All Data Sharing Agreements must be signed off by the Data Protection Officer who will keep a register of all Data Sharing Agreements.

14.5 The UK GDPR requires Data Controllers to have a written contract in place with Data Processors which must include specific clauses relating to the way in which the data is Processed (“GDPR clauses”). A summary of the UK GDPR requirements for contracts with Data Processors is set out in Appendix 1. It will be the responsibility of RSEL to ensure that the UK GDPR clauses have been added to the contract with the Data Processor. Personal data may only be transferred to a third-party Data Processor if they agree to put in place adequate technical, organisational and security measures themselves.

14.6 In some cases, Data Processors may attempt to include additional wording when negotiating contracts which attempts to allocate some of the risk relating to compliance with the UK GDPR, including responsibility for any Personal Data Breaches, onto RSEL. In these circumstances, the member of seconded staff dealing with the contract should contact the DPO for further advice before agreeing to include such wording in the contract.

15. Reporting a Personal Data Breach

15.1 The UK GDPR requires Data Controllers to notify any Personal Data Breach to the ICO and, in certain instances, the Data Subject, unless the data breach is unlikely to result in a risk to the individuals.

15.2 A notifiable Personal Data Breach must be reported to the ICO without undue delay and where feasible within 72 hours.

15.3 If the breach is likely to result in high risk to affected Data Subjects, the UK GDPR, requires organisations to inform them without undue delay. 15.4 It is the responsibility of the DPO, or the nominated deputy, to decide whether to report a Personal Data Breach to the ICO.

15.5 We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so.

15.6 As RSEL is closed or has limited staff available during school holidays, there will be times when our ability to respond to a Personal Data Breach promptly and within the relevant timescales will be affected. We will consider any proportionate measures that we can implement to mitigate the impact this may have on Data Subjects when we develop our SECURITY INCIDENT RESPONSE PLAN.

Data Protection Policy - Rickmansworth School Enterprises Limited

15.7 If a member of seconded staff or director knows or suspects that a Personal Data Breach has occurred, our SECURITY INCIDENT RESPONSE PLAN must be followed. In particular, the DPO or such other person identified in our Security Incident Response Plan must be notified immediately. You should preserve all evidence relating to the potential Personal Data Breach.

16. Accountability

16.1 RSEL must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. RSEL is responsible for, and must be able to demonstrate, compliance with the data protection principles.

16.2 RSEL must have adequate resources and controls in place to ensure and to document UK GDPR compliance including:

16.2.1 appointing a suitably qualified DPO (where necessary) and an executive team accountable for data privacy;

16.2.2 implementing Privacy by Design when Processing Personal Data and completing Data Protection Impact Assessments (DPIAs) where Processing presents a high risk to rights and freedoms of Data Subjects;

16.2.3 integrating data protection into internal documents including this Data Protection Policy, related policies and Privacy Notices;

16.2.4 regularly training seconded employees and directors on the UK GDPR, this Data Protection Policy, related policies and data protection matters including, for example, Data Subject’s rights, Consent, legal bases, DPIA and Personal Data Breaches. RSEL must maintain a record of training attendance by seconded personnel; and

16.2.5 regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.

17. Record keeping

17.1 The UK GDPR requires us to keep full and accurate records of all our Data Processing activities.

17.2 We must keep and maintain accurate records reflecting our Processing including records of Data Subjects’ Consents and procedures for obtaining Consents. 17.3 These records should include, at a minimum, the name and contact details of the

Data Controller and the DPO, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data transfers, the Personal Data’s retention period and a description of the security measures in place. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows.

18. Training and audit

18.1 We are required to ensure all seconded personnel have undergone adequate training to enable us to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.

18.2 Members of seconded staff must attend all mandatory data privacy related training.

19. Privacy by Design and Data Protection Impact Assessment (DPIA)

Data Protection Policy - Rickmansworth School Enterprises Limited

19.1 We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.

19.2 This means that we must assess what Privacy by Design measures can be implemented on all programs/systems/processes that Process Personal Data by taking into account the following:

19.2.1 the state of the art;

19.2.2 the cost of implementation;

19.2.3 the nature, scope, context and purposes of Processing; and

19.2.4 the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.

19.3 We are also required to conduct DPIAs in respect to high risk processing. 19.3.1 RSEL should conduct a DPIA and discuss the findings with the DPO when implementing major system or business change programs involving the processing of personal data including:

19.3.1.1 use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);

19.3.1.2 automated processing including profiling and ADM;

19.3.1.3large scale processing of sensitive data; and

19.3.1.4 large scale, systematic monitoring of a publicly accessible area. 19.4 A DPIA must include:

19.5.1 a description of the Processing, its purposes and RSEL’s legitimate interests if appropriate;

19.5.2 an assessment of the necessity and proportionality of the Processing in relation to its purpose;

19.5.3 an assessment of the risk to individuals; and

19.5.4 the risk mitigation measures in place and demonstration of compliance. 20. CCTV

21. Rickmansworth School uses CCTV in locations around the school site. This is to: 21.1.1 protect school buildings and their assets;

21.1.2 increase personal safety and reduce the fear of crime;

21.1.3 support the Police in a bid to deter and detect crime;

21.1.4 assist in identifying, apprehending and prosecuting offenders; 21.1.5 provide evidence for RSEL to use in its internal investigations and / or disciplinary processes in the event of behaviour by seconded staff, hirers, gym members or other visitors on the site which breaches or is alleged to breach RSEL’s policies;

21.1.6 protect members of RSEL community, public and private property; and 21.1.7 assist in managing RSEL.

21.2 Please refer to Rickmansworth School’s CCTV Policy for more information. 22. Policy Review

22.1 It is the responsibility of the School’s Governing Body to facilitate the review of this policy on a regular basis. Recommendations for any amendments should be reported to the DPO.

Data Protection Policy - Rickmansworth School Enterprises Limited

22.2 We will continue to review the effectiveness of this policy to ensure it is achieving its stated objectives.

23. Enquiries

23.1 Further information about RSEL’s Data Protection Policy is available from the DPO.

23.2 General information about the Act can be obtained from the Information Commissioner’s Office: www.ico.gov.uk

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Data Protection Policy - Rickmansworth School Enterprises Limited

Appendix 1 – UK GDPR Clauses

The UK GDPR requires the following matters to be addressed in contracts with Data Processors. The wording below is a summary of the requirements in the UK GDPR and is not intended to be used as the drafting to include in contracts with Data Processors. 1. The Processor may only process Personal Data on the documented instructions

of the controller, including as regards international transfers. (Art. 28(3)(a)) 2. Personnel used by the Processor must be subject to a duty of confidence. (Art. 28(3)(b))

3. The Processor must keep Personal Data secure. (Art. 28(3)(c) Art. 32) 4. The Processor may only use a sub-processor with the consent of the Data Controller. That consent may be specific to a particular sub-processor or general. Where the consent is general, the processor must inform the controller of changes and give them a chance to object. (Art. 28(2) Art. 28(3)(d)) 5. The Processor must ensure it flows down the UK GDPR obligations to any sub-processor. The Processor remains responsible for any processing by the sub-processor. (Art. 28(4))

6. The Processor must assist the controller to comply with requests from individuals exercising their rights to access, rectify, erase or object to the processing of their Personal Data. (Art. 28(3)(e))

7. The Processor must assist the Data Controller with their security and data breach obligations, including notifying the Data Controller of any Personal Data breach. (Art. 28(3)(f)) (Art. 33(2))

8. The Processor must assist the Data Controller should the Data Controller need to carry out a privacy impact assessment. (Art. 28(3)(f))

9. The Processor must return or delete Personal Data at the end of the agreement, save to the extent the Processor must keep a copy of the Personal Data under UK law. (Art. 28(3)(g))

10. The Processor must demonstrate its compliance with these obligations and submit to audits by the Data Controller (or by a third party mandated by the controller). (Art. 28(3)(h))

11. The Processor must inform the Data Controller if, in its opinion, the Data Controller’s instructions would breach UK law. (Art. 28(3))

Data Protection Policy - Rickmansworth School Enterprises Limited

Appendix 2 – Privacy Notices

PRIVACY NOTICE FOR HIRERS AND GYM MEMBERS

Why do we collect and use hirer and gym member information?

Our Data Protection Officer is Matthew Lantos and his email address is DPO@rickmansworth.herts.sch.uk

We collect and use hirer and gym member information under the following lawful bases: a. where we have the consent of the data subject (Article 6 (a));

b. where it is necessary for compliance with a legal obligation (Article 6 (c));

c. where processing is necessary to protect the vital interests of the data subject or another person (Article 6(d));

d. where processing is necessary for the purposes of the legitimate interests of RSEL (Article 6 (1)(f)]

Where the personal data we collect about hirers and gym members is Special Category data, we will only process it where:

a. we have explicit consent;

b. processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; and / or

c. processing is necessary for reasons of substantial public interest, on the basis of UK law which shall be proportionate to the aim pursued, where we respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Please see our Data Protection Policy for a definition of Special Category data.

We use hirer and gym member data to support our functions of running a lettings business, in particular:

a. to comply with the law regarding data sharing;

b. for the safe and orderly running of RSEL;

c. to promote RSEL;

d. to send you communications about your hire or gym membership; e. in connection with any legal proceedings threatened or commenced against RSEL.

The categories of hirer and gym member information that we collect, hold and share include:

Data Protection Policy - Rickmansworth School Enterprises Limited

a. Personal information (such as name, address, telephone number and email address);

b. Bank details are held on our School Hire site and by RSEL or ClubRight for gym members;

c. DBS and safeguarding information may be held where hirers run activities for children or vulnerable adults

d. Qualifications and training information

From time to time and in certain circumstances, we might also process personal data about hirers, some of which might be Special Category data, information about criminal proceedings / convictions or information about child protection / safeguarding. Where appropriate, such information may be shared with external agencies such as the child protection team at the Local Authority, the Local Authority Designated Officer and / or the Police. Such information will only be processed to the extent that it is lawful to do so and appropriate measures will be taken to keep the data secure.

We collect information about hirers and gym members before a new letting or gym membership is accepted and update it when new information is acquired.

Collecting hirer and gym member information

Whilst the majority of information about hirers and gym members provided to us is required and provided for compliance with a legal obligation, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain information to us or if you have a choice in this. Where appropriate, we will ask hirers and gym members for consent to process personal data where there is no other lawful basis for processing it, for example where we wish to ask your permission to use your information for marketing purposes. Hirers and gym members may withdraw consent given in these circumstances at any time.

In addition, Rickmansworth School also uses CCTV cameras around the school site for security purposes and for the protection of staff and students. CCTV footage may be referred to during the course of disciplinary procedures or investigate other issues. CCTV footage involving hirers and gym members will only be processed to the extent that it is lawful to do so. Please see Rickmansworth School’s CCTV policy for more details.

Storing hirer and gym member data

A significant amount of personal data is stored electronically, for example, on our School Hire database for hirers or ClubRight database for gym members. Some information may also be stored in hard copy format.

Data Protection Policy - Rickmansworth School Enterprises Limited

Data stored electronically may be saved on a cloud based system which may be hosted in a different country.

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. 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 hirer or gym member we will retain and securely destroy your personal information in accordance with our data retention policy.

Who do we share hirer and gym member information with?

From time to time, we may share hirer and gym member information other third parties including the following:

· School Hire system for hirers and ClubRight system for gym members · our local authority Hertfordshire County Council;

· directors;

· the Police and law enforcement agencies;

· Courts, if ordered to do so;

· Prevent teams in accordance with the Prevent Duty on schools; · our legal advisors;

· our insurance providers / the Risk Protection Arrangement;

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.

In the event that we share personal data about hirers and gym members with third parties, we will provide the minimum amount of personal data necessary to fulfil the purpose for which we are required to share the data.

Requesting access to your personal data

Under data protection legislation, hirers and gym members have the right to request access to information about them that we hold. To make a request for your personal data, contact dpo@rickmansworth.herts.sch.uk although any written request for personal data will be treated as a Subject Access Request.

The legal timescales for RSEL to respond to a Subject Access Request is one calendar month. As RSEL has limited staff resources outside of term time, we encourage hirers

Data Protection Policy - Rickmansworth School Enterprises Limited

and gym members to submit Subject Access Requests during term time and to avoid sending a request during periods when RSEL 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.

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.

You also have the right to:

· object to processing of personal data that is likely to cause, or is causing, damage or distress;

· prevent processing for the purpose of direct marketing;

· object to decisions being taken by automated means;

· in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and

· claim compensation for damages caused by a breach of our data protection responsibilities.

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 Lettings Administrator. 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 Mr Matthew Lantos, DPO@rickmansworth.herts.sch.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.

Data Protection Policy - Rickmansworth School Enterprises Limited

You can contact the Information Commissioner's 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.

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