General Data Protection Regulation
GDPR stands for General Data Protection Regulation and replaces the previous Data Protection Directives that were in place. It was approved by the EU Parliament in 2016 and comes into effect on 25th May 2018. GDPR states that personal data should be ‘processed fairly & lawfully’ and ‘collected for specified, explicit and legitimate purposes’ and that individuals data is not processed without their knowledge and are only processed with their ‘explicit’ consent. GDPR covers personal data relating to individuals. Ecco Theatre Arts is committed to protecting the rights and freedoms of individuals with respect to the processing of children's, parents, visitors and staff personal data. The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly.
GDPR includes 7 rights for individuals
1) The right to be informed
Ecco Theatre Arts is a registered Performing Arts provider with the IDTA and ADFP and as so, is required to collect and manage certain data. We need to know parent’s names, addresses, telephone numbers, email addresses. We need to know children’s’ full names, addresses, date of birth and Education school, along with any SEN requirements. We are requested to provide this data to Sheffield County Council, & other performing council areas; this information is sent to the Local Authority via a secure electronic file transfer system. This is in respect of our Health and Safety and Safeguarding Policies. As an employer Ecco Theatre Arts is required to hold data on its Teachers; names, addresses, email addresses, telephone numbers, date of birth, National Insurance numbers, bank details. This information is also required for Disclosure and Barring Service checks (DBS) and proof of eligibility to work in the UK. DBS Numbers and date of issue are also held on a central staffing record.
2) The right of access
At any point an individual can make a request relating to their data and Ecco Theatre Arts will need to provide a response (within 1 month). Ecco Theatre Arts can refuse a request, if we have a lawful obligation to retain data but we will inform the individual of the reasons for the rejection. The individual will have the right to complain to the ICO if they are not happy with the decision.
3) The right to erasure
You have the right to request the deletion of your data where there is no compelling reason for its continued use. However Ecco Theatre Arts has a legal duty to keep children’s and parents details for a reasonable time. This data is archived securely onsite and shredded after the legal retention period.
4) The right to restrict processing
Parents, visitors and staff can object to Ecco Theatre Arts processing their data. This means that records can be stored but must not be used in any way, for example reports or for communications.
5) The right to data portability
Ecco Theatre Arts requires data to be transferred from one IT system to another; such as from Ecco Theatre Arts to the Local Authority, for performance BOPA licenses, and dance Associations for examinations. These recipients use secure file transfer systems and have their own policies and procedures in place in relation to GDPR.
6) The right to object
Parents, visitors and staff can object to their data being used for certain activities like marketing or research.
7) The right not to be subject to automated decision-making including profiling. Automated decisions and profiling are used for marketing based organisations. Ecco Theatre Arts does not use personal data for such purposes. Storage and use of personal information All paper copies of children's and staff records are kept in a locked filing cabinet in Ecco Theatre Arts Studio. Members of staff can have access to these files but information taken from the files about individual children is confidential and apart from archiving, these records remain on site at all times. These records are shredded after the retention period.
Information about individual children is used in certain documents, such as, a weekly register, medication forms, referrals to external agencies and disclosure forms. These documents include data such as children's names, date of birth and sometimes address. These records are shredded after the relevant retention period. Ecco Theatre Arts collects a large amount of personal data every year including; names and addresses of those on the waiting list. These records are shredded if the child does not attend or added to the child’s file and stored appropriately. Ecco Theatre Arts stores personal data held visually in photographs or video clips or as sound recordings, unless written consent has been obtained. Access to all computers is password protected. When a member of staff leaves the company these passwords are changed in line with this policy and our Safeguarding policy. Any portable data storage used to store personal data, e.g. USB memory stick, are password protected and/or stored in a locked filing cabinet.
GDPR means that Ecco Theatre Arts
* Manage and process personal data properly
* Protect the individual’s rights to privacy
* Provide an individual with access to all personal information held on them
This Policy was adapted at Ecco Theatre Arts in April 2018.
Policy review date: April 2019