Data Protection Policy

  1. Introduction

1.1           INDI Skills holds and processes information about learners, corporate clients, and other data subjects for administrative, approval and commercial purposes.  When handling such information, INDI Skills and all colleagues or others who process or use any personal information, must comply with the Data Protection Principles which are set out in the Data Protection Act 1998 (the Act).  In summary these state that personal data shall:

  • be processed fairly and lawfully,
  • be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with the purpose,
  • be adequate, relevant and not excessive for the purpose
  • be accurate and up-to-date,
  • not be kept for longer than necessary for the purpose,
  • be processed in accordance with the data subject’s rights,
  • be kept safe from unauthorised processing, and accidental loss, damage or destruction,
  • not be transferred to a country outside the European Economic Area, unless that country has equivalent levels of protection for personal data, except in specified circumstances.

1.2           Definitions

“Colleagues”, “learners” and “other data subjects” may include past, present and potential members of those groups including other terms including ‘Learner’, ‘Student’, ‘Delegate’, ‘Trainer’, ‘Assessor’, ‘AoFAQualifications’, etc.

“Other data subjects” and “third parties” may include contractors, suppliers, contacts, referees, approving, awarding and monitoring organisations and bodies etc.

“Processing” refers to any action involving personal information, including obtaining, viewing, copying, amending, adding, deleting, extracting, storing, disclosing or destroying information.

  1. Notification of Data Held

2.1           INDI Skills shall notify all staff and learners and other relevant data subjects of the types of data held and processed by INDI Skills concerning them, and the reasons for which it is processed.  The information which is currently held by INDI Skills and the purposes for which it is processed will be amended when processing for a new or different purpose.

Responsibilities

3.1           All people on which information is held shall:

  • ensure that all personal information which they provide to INDI Skills is accurate and up-to-date;
  • inform INDI Skills of any changes to information, for example, changes of address;
  • check the information which INDI Skills shall make available from time to time, in written or automated form, and inform INDI Skills of any errors or, where appropriate, follow procedures for up-dating entries on computer forms. INDI Skills shall not be held responsible for errors of which it has not been informed.

3.2           Staff shall ensure that

  • All personal information is kept securely;
  • personal information is not disclosed either orally or in writing, accidentally or otherwise to any unauthorised third party. Unauthorised disclosure may be a disciplinary matter, and may be considered gross misconduct in some cases.

3.3           When colleagues supervise learners doing work which involves the processing of personal information, they must ensure that those students are aware of the Data Protection Principles, in particular, the requirement to obtain the data subject’s consent where appropriate.

4              Learner Responsibilities        

4.1           All learners shall

  • ensure that all personal information which they provide to INDI Skills is accurate and up-to-date;
  • inform INDI Skills of any changes to that information, for example, changes of address;
  • check the information which INDI Skills shall make available from time to time, in written or automated form, and inform INDI Skills of any errors or, where appropriate. INDI Skills shall not be held responsible for errors of which it has not been informed.

5             Rights to Access Information

  • 5.1           Colleagues, Learners, Corporate Clients, Approving or Awarding Organisations and other data subjects in INDI Skills have the right to access any personal data that is being kept about them either on computer or in structured and accessible manual files.  Any person may exercise this right by submitting a request in writing to INDI Skills5.2           INDI Skills will make a charge of £10 for each official Subject Access Request under the Act.

    5.3           INDI Skills aims to comply with requests for access to personal information as quickly as possible, but will ensure that it is provided within 40 days unless there is good reason for delay.  In such cases, the reason for the delay will be explained in writing by the Information Security Officer to the data subject making the request.

    6              Subject Consent

    6.1           INDI Skills may ask for information about particular health needs, such as allergies to particular forms of medication, or conditions such as asthma or arthritis.  INDI Skills will only use such information to protect the health and safety of the individual, for example, in the event of a medical emergency or in carrying out physical activities.

    7              The Data Controller and the Designated Data Controllers

    7.1           INDI Skills is the data controller under the Act, and is ultimately responsible for implementation.

    8              Assessment Marks & Learner Certificates

    8.1           Learners shall be entitled to information about their marks for assessments, however this may take longer than other information to provide.

    9              Retention of Data

    9.1           INDI Skills and AoFA Qualifications will keep different types of information for differing lengths of time, depending on legal, awarding or approving body and operational requirements.

    10            Compliance

    10.1         Compliance with the Act is the responsibility of all learners and members of staff.  Any deliberate or reckless breach of this Policy may lead to disciplinary, and where appropriate, legal proceedings.

    10.2         Any individual, who considers that the policy has not been followed in respect of personal data about him or herself, should raise the matter with INDI Skills.