pupils, parents and other individuals who come into contact with us. This

information is gathered in order to enable us to provide education and other

associated functions

Purpose

This policy is intended to ensure 

that personal information is dealt with correctly and securely and in

accordance with the Data Protection Act 1998, and other related legislation. It

will apply to information regardless of the way it is collected, used,

recorded, stored and destroyed, and irrespective of whether it is held in paper

files or electronically.

All staff involved with the

collection, processing and disclosure of personal data will be aware of their

duties and responsibilities by adhering to these guidelines.

What is Personal Information?

Personal information or data is

defined as data which relates to a living individual who can be identified from

that data, or other information held.

Data Protection Principles

The Data Protection Act 1998

establishes eight enforceable principles that must be adhered to at all times:

1. Personal data shall be processed

fairly and lawfully

2. Personal data shall be obtained

only for one or more specified and lawful  Purposes

3. Personal data shall be adequate,

relevant and not excessive

4. Personal data shall be accurate

and where necessary, kept up to date

5. Personal data processed for any purpose shall not be kept for  longer than is necessary for that purpose or those purposes

6. Personal data shall be processed

in accordance with the rights of data    

Subjects under the Data Protection Act 1998;

7. Personal data shall be kept secure i.e. protected by an

appropriate degree of security

8. 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 data protection.

General Statement

Respect4us is committed to

maintaining the above principles at all times. Therefore we will:

is collected

with whom it was shared

necessary

done so  appropriately and securely

personal information from loss, theft and unauthorised disclosure,

irrespective of the format in which it is recorded

to do so

to requests for access to personal information, known as Subject Access

Requests

procedures

Review

This policy will be reviewed as it is  deemed appropriate, but no less frequently than every 2 years. The policy 

review will be undertaken by the Directors or nominated representative.

Contacts

If you have any enquires in relation

to this policy, please contact Vannessa Birchenall (Data Processor) who

will also act as the contact point for any subject access requests.

Further advice and information is

available from the Information Commissioner’s Office, www.ico.gov.uk or

telephone 3

Appendix 1

Respect4us

Procedures for responding to subject

access requests made under the Data  Protection Act 1998

Rights of access to information

There are two distinct rights of access to information held by schools about pupils.

1. Under the Data Protection Act 1998

any individual has the right to make a  request to access the personal  information held about them.

2. The right of those entitled to

have access to curricular and educational records as defined within the Education Pupil Information (Wales) Regulations 2004.

These procedures relate to subject

access requests made under the Data Protection Act 1998.

Actioning a subject access request

1. Requests for information must be

made in writing; which includes email, and be addressed to Vannessa Birchenall .

If the initial request does not clearly identify the information required,

then further enquiries will be made.

2. The identity of the requestor must

be established before the disclosure of any information, and checks should also

be carried out regarding proof of relationship to the child. Evidence of

identity can be established by requesting  production of:

• passport

This list is not exhaustive .

3. Any individual has the right of

access to information held about them. However with children, this is dependent

upon their capacity to understand (normally age 12 or above) and the nature of

the request. The directors should discuss the request with the child and take

their views into account when making a decision. A child with competency to

understand can refuse to  consent to the request for their  records. Where the child is not deemed to be  competent an individual with parental  responsibility or guardian shall make the  decision on behalf of the child.

5. The response time for subject

access requests, once officially received, is 40 days (not working or school

days but calendar days, irrespective of  school holiday periods) . However the 40 days will not commence until after  receipt of fees or clarification of  information sought

6. The Data Protection Act 1998

allows exemptions as to the provision of some information; therefore all

information will be reviewed prior to disclosure.

7. Third party information is that

which has been provided by another, such as the Police, Local Authority, Health

Care professional or another school. Before disclosing third party information

consent should normally be obtained.  There is still a need to adhere to  the 40 day statutory timescale.

8. Any information which may cause

serious harm to the physical or mental health or emotional condition of the

pupil or another should not be disclosed, nor should information that would

reveal that the child is at risk of abuse, or  information relating to court  proceedings.

9. If there are concerns over the

disclosure of information then additional advice should be sought.

10. Where redaction (information

blacked out/removed) has taken place then a full copy of the information

provided should be retained in order to establish, if a complaint is made, what

was redacted and why.

11. Information disclosed should be

clear, thus any codes or technical terms will need to be clarified and

explained. If information contained within the disclosure is difficult to read

or illegible, then it should be retyped.

12. Information can be provided at

the school with a member of staff on hand to help and explain matters if

requested, or provided at face to face handover. The views of the applicant

should be taken into account when considering the  method of delivery. If postal systems  have to be used then registered/recorded mail must be used.