GDPR

1. Introduction

The GDPR sets out additional requirements of data processors and data controllers.

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

The Harmony Trust is both a data controller and a data processor.

2. Categories of data processed and their legal basis

The range of data controlled and/or processed is set out in table 1.

Data Category Controller Processor Legal Basis Notes
Delegate Information Harmony Trust Yes Processed By Consent Course Registrations - to include broad personal details
Registration Records Harmony Trust Yes Processed By Consent Names, Addresses, Telephone Numbers, Email Addresses
Communication Preferences Harmony Trust Yes Processed By Consent Contact Details for Newsletters, Promos etc.

The lawful basis for processing personal data are set out in in Article 6 of the General Data Protection Regulation (GDPR). At least one of these must apply whenever we process personal data:

  1. Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
  2. Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
  3. Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
  4. Vital interests: the processing is necessary to protect someone’s life.
  5. Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
  6. Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. This cannot apply if you are a public authority processing data to perform your official tasks. Public authorities will need to rely on official functions.

In all cases:

  • For data for which The Harmony Trust is the controller, the legal bases are consent and, in some cases, legal obligation.
  • Data processed for registrants is processed on the basis of consent.

Data Processor activities must be governed by a binding contract. The binding obligations on the Processor must cover:

  • the duration,
  • nature and purpose of the processing,
  • the types of data to be processed and
  • the obligations and rights of the Controller.

Personal Data can only be processed in compliance with documented instructions from the Controller, and the processor is required to assist the Controller in complying with their obligations.

The Data Processor has an obligation to tell the Controller if it believes an instruction to hand information to the Data Controller breaches the Data Protection Framework or any other law.

3. Data Risk Assessment

The data held includes personal data for employees and other staff engaged in the work of the Teaching Alliance.

Data loss could potentially include sensitive personal data (as defined by the Information Commissioners Office 2018).

The risk of loss is : low.

The potential impact is : moderate.

There is however a significant reputational risk to the Harmony Trust resulting from any data loss.

4. Controls and the transfer, storage and retention and deletion of data.

4.1 Data transfer

The transfer of sensitive personal data will be minimised, including by:

  1. Utilizing anonymized data where practical
  2. Utilizing suitably commercial software that allows secure remote access.
  3. Minimizing the downloading of data to that necessary to deliver the contract (see ‘legal basis’ above and ‘storage’ and ‘retention’ below

Where it is necessary to physically transfer data, this will only be undertaken in a secure manner and with an appropriate legal basis. The options for data transfer are:

  1. Encrypted media
  2. Secure file transfer software.
  3. Where it is necessary and appropriate to move information in hard copy The Harmony Trust will take all reasonable precautions to maintain security. Paper records will not be left unattended, for example.

4.2 Data storage

  • All electronic personal data relating to employees or customers will be stored on encrypted media at all times.
  • Data will be backed up to an external encrypted drive on a regular basis. The backup drive will be stored in a lockable and fire- resistant cabinet.
  • The Harmony Trust will maintain current anti-virus and firewall software

Any paper records will be stored in secure storage in accordance with the agreed Retention Policy (December 2018).

4.3 Data retention / deletion

Client data will only be retained whilst necessary for the completion of a contract. This will include a period (typically 12 months) that data will be retained to allow any queries from the individual to be addressed quickly.

Employee data will be retained in line with the legal obligations on The Harmony Trust or (if for longer) with consent.

Identifiable personal data will be deleted as soon as possible on completion of the contract for the client, and typically after 12 months. Disposal of encrypted media at the end of its useful life will be done securely with drives completely wiped and destroyed by acid or other methods recognized as meeting the required standards.

Paper records with identifiable personal data will be confidentially shredded when no longer needed for delivery of the contract with the Controller (typically within one month of completing the specific data processing task and, unless specifically required by the contract, within one year).

5. Data Protection Officer (DPO)

A DPO must be appointed if an organisation is a public authority (except for courts), the core activities of the business require large scale, regular, systematic monitoring of individuals (e.g. online behaviour tracking) or the core activities consist of large scale processing of special categories of data or data relating to criminal convictions and offences.

The Data Protection Officer for the Harmony Trust is: Illuminate Learning Ltd (Colin Bellis)

6. Record of Processing Activities

As the Harmony Trust has more than 250 employees some data includes sensitive personal data. A Record of Processing Activities (RoPA) will therefore be maintained that will set out:

  • Controllers we act for
  • Any other Processors
  • Data Protection Officer (DPO), if applicable
  • The categories of processing carried out
  • Details of any transfers to third countries
  • A general description of technical and organisational security measures

The Harmony Trust will not subcontract data processing to any other party without the written permission of the relevant customer and with contractual arrangements in place that fully reflect GDPR requirements. In practice our current policy is not to sub-contract.

We will not transfer data to countries outside of the EU.

7. Policy in the event of a data breach

The Harmony Trust are required to notify their relevant controller of any breach without undue delay after becoming aware of it. This would normally mean on the same working day.

Controllers have 72 hours to notify the Information Commissioner’s Office from the point the breach is detected, therefore reporting from the Processor to the Controller is required well within this 72-hour time period

8. Subject Access Requests

As a data processor The Harmony Trust would pass any subject access request to the relevant data controller without undue delay (normally on the same working day).

Subject access requests for data for which we are the controller (i.e. from employees) will be processed in line with the relevant legislation and the current policies of the trust.

9. Teaching School Alliance Website

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Links to other websites

Our website contains links to other websites. These links are only to our trusted partners, government and other statutory agencies.

10. Sharing of Data

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the General Data Protection Regulation 2018. If you would like a copy of the information we hold on you please write to us.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible,

Key Data Controller Details
Data Controller Colin Bellis
Company Name The Harmony Trust (Contracted to Illuminate Learning Ltd)
UK Registration Number 10963855
ICO Registration Number A8292580
VAT Registration Number GB284754073
Company Address 93 Lexton Drive, Southport, Merseyside, PR9 8QN
E-mail CBellis01@theharmonytrust.org
Telephone 01704320510

Updated 19th December 2018