Avalon Learning Data Protection Policy

Introduction:

The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Avalon Learning. This includes obligations in dealing with personal and sensitive personal data, in order to ensure that the organisation complies with the requirements of the relevant Irish legislation, namely the Irish General Data Protection Regulation Act 2018.

Rationale:

Avalon Learning must comply with the Data Protection principles set out in the relevant legislation. This Policy applies to all Personal and Sensitive Personal Data collected, processed and stored by Avalon Learning in relation to its staff, service providers and clients in the course of its activities. Avalon Learning makes no distinction between the rights of Data Subjects who are employees and those who are not. All are treated equally under this Policy.

Scope:

The policy covers both personal and sensitive personal data held in relation to data subjects by Avalon Learning. The policy applies equally to personal data held in manual and automated form.

All Personal and Sensitive Personal Data will be treated with equal care by Avalon Learning. Both categories will be equally referred-to as Personal Data in this policy unless specifically stated otherwise.

This policy should be read in conjunction with the associated Subject Access Request procedure, the Data Retention and Destruction Policy, the Data Retention Periods List and the Data Loss Notification procedure.

Avalon Learning as a Data Controller:

In the course of its daily organisational activities, Avalon Learning acquires, processes and stores personal data in relation to:

  • Employees of Avalon Learning
  • Customers/Service Recipients of Avalon Learning
  • Third-party service providers engaged by Avalon Learning

In accordance with the Irish Data Protection legislation, this data must be acquired and managed fairly, appropriately and in a secure and confidential manner.

Staff members will be expected to be knowledgeable of Data Protection legislation.

Avalon Learning is committed to ensuring that its staff have sufficient awareness of the legislation in order to be able to anticipate and identify a Data Protection issue, should one arise. In such circumstances, staff must ensure that the Data Protection Officer is informed in a timely manner, in order that appropriate corrective action is taken.

Due to the nature of the services provided by Avalon Learning, there is a regular and active exchange of personal data between Avalon Learning and its Data Subjects. In addition, Avalon Learning exchanges personal data with Data Processors in order to affect the delivery of certain data management services.

Such processing is done within the parameters of a formal, written contract which Avalon Learning establishes with each of its Data Processors.

This policy provides the guidelines for this exchange of information, as well as the procedure to follow in the event that an Avalon Learning staff member is unsure whether such data can be disclosed.

In general terms, the staff member should consult with the Data Protection Officer to seek clarification.

 

Third-Party processors

In the course of its role as Data Controller, Avalon Learning engages a number of Data Processors to process Personal Data on its behalf. In each case, a formal, written contract is in place with the Processor, outlining their obligations in relation to the Personal Data, the specific purpose or purposes for which they are engaged, and the understanding that they will process the data in compliance with the Irish Data Protection legislation.

These Data Processors include:

  • John E Moley (Owner);
  • Administration Officer;
  • Guidance Counsellors;
  • Tutors & Trainers.

 

The Data Protection Principles:

The following key principles are enshrined in the Irish legislation and are fundamental to the Avalon Learning’s Data Protection policy.

In its capacity as Data Controller, Avalon Learning ensures that all data shall:

  1. … be obtained and processed fairly, lawfully and in a transparent manner.

For data to be obtained fairly, the data subject will, at the time the data are being collected, be made aware of:

  • The identity of the Data Controller (Avalon Learning)
  • The purpose(s) for which the data is being collected
  • The person(s) to whom the data may be disclosed by the Data Controller
  • Any other information that is necessary so that the processing may be fair.

Avalon Learning will meet this obligation in the following way.

  • Where possible, the informed consent of the Data Subject will be sought before their data is processed;
  • Where it is not possible to seek consent, Avalon Learning will ensure that collection of the data is justified under one of the other lawful processing conditions – legal obligation, contractual necessity, etc.;
  • Where Avalon Learning intends to record activity on CCTV or video, a Fair Processing Notice will be posted in full view;
  • Processing of the personal data will be carried out only as part of Avalon Learning’s lawful activities, and Avalon Learning will safeguard the rights and freedoms of the Data Subject;
  • The Data Subject’s data will not be disclosed to a third party other than to a party contracted to Avalon Learning and operating on its behalf.

 

  1. …. be obtained only for one or more specified, legitimate purposes.

Avalon Learning will obtain data for purposes which are specific, lawful and clearly stated. A Data Subject will have the right to question the purpose(s) for which Avalon Learning holds their data, and Avalon Learning will be able to clearly state that purpose or purposes.

 

  1. … only be processed to the minimum necessary to achieve the specified purpose(s).

Any use of the data by Avalon Learning will be compatible with the purposes for which the data was acquired.

Avalon Learning will ensure that the data it processes in relation to Data Subjects are relevant to the purposes for which those data are collected. Data which are not relevant to such processing will not be acquired or maintained.

 

  1. … be kept accurate, complete and up-to-date where necessary.

Avalon Learning will:

  • ensure that administrative and IT validation processes are in place to conduct regular assessments of data quality and accuracy;
  • conduct periodic reviews and audits to ensure that relevant data is kept accurate and up-to-date.
  • will conduct a review of a sample of the personal data every six months to ensure accuracy;
  • ensure that Staff/service recipient contact details and details on next-of-kin are reviewed and updated every 12 months.
  • conduct regular assessments in order to establish the need to keep certain Personal Data.

 

  1. … not be kept for longer than is necessary to satisfy the specified purpose(s).

Avalon Learning has identified a matrix of data categories, with reference to the appropriate data retention period for each category. The matrix applies to data in both a manual and automated format.

Once the respective retention period has elapsed, Avalon Learning undertakes to destroy, erase or otherwise put this data beyond use.

 

  1. … be kept safe and secure in order to protect the confidentiality and integrity of the data.

Avalon Learning will employ high standards of organisational and technical security in order to protect personal data under its care.  Appropriate security measures will be taken to protect against unauthorised access to, or alteration, destruction or disclosure of any personal data held by Avalon Learning in its capacity as Data Controller.

Access to and management of staff, and client records is limited to those staff members who have appropriate authorisation and password access.

 

  1. … be managed and stored in such a manner that Avalon Learning can easily and verifiably demonstrate its compliance with the appropriate legislation.

Avalon Learning has implemented a range of data management protocols and structures by which to demonstrate its compliance, as well as to ensure appropriate governance over the processing of the personal data within its care.

These include:

  • A suite of data management policies covering the processing of personal data by Avalon Learning from acquisition to destruction;
  • A Data Breach Notification process by which threats to the security or integrity of personal data will be detected and reported, their impact mitigated to the extent possible in the circumstances, and their cause resolved to prevent a recurrence;
  • A Privacy Impact Assessment procedure by which proposed changes to the processing of personal data are evaluated in terms of any risk to privacy or data integrity, and appropriate risk mitigation measures are implemented;
  • A description of data processing activities conducted by the organisation, in compliance with the relevant legislation;
  • Formal contracts in place with all data processors, who process personal data on behalf of Avalon Learning;
  • Training for staff to ensure that they are aware of their obligations and responsibilities under the Data Protection legislation;

 

Data Subject Access Requests

As part of the day-to-day operation of the organisation, Avalon Learning’s staff engage in active and regular exchanges of information with Data Subjects

Where a formal request is submitted by a Data Subject in relation to the data held by Avalon Learning which relates to them personally, such a request gives rise to access rights in favour of the Data Subject.

There are specific time-lines within which Avalon Learning must respond to the Data Subject, depending on the nature and extent of the request, namely one month from the date of receipt of the written request for disclosure.

Avalon Learning’s staff will ensure that, where necessary, such requests are forwarded to the Data Protection Officer in a timely manner, and they are processed as quickly and efficiently as possible, but within not more than one month from receipt of the request.

It is intended that by complying with these disclosure requests, Avalon Learning will adhere to best practice regarding the applicable Data Protection legislation.

 

Definitions

For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.

Data    This includes both automated and manual data. Automated data means data held on a computer, or stored with the intention that it is processed on a computer. Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.

Personal Data    Information which relates to a living individual, who can be identified either directly from that data, or indirectly in conjunction with other data which is likely to come into the legitimate possession of the Data Controller.

Sensitive Personal Data     A particular category of personal data, relating to Racial or Ethnic Origin, Political Opinions, Religious, Ideological or Philosophical beliefs, Trade Union membership, information relating to mental or physical health, or information in relation to an individual’s Sexual Orientation.

Data Controller    A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed.

Data Subject    A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly.

Data Processor     A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment.

Data Protection Officer     A person appointed by Avalon Learning to monitor compliance with the appropriate Data Protection legislation, to deal with Subject Access Requests, and to respond to Data Protection queries from staff members and service recipients

Relevant Filing System     Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable.

Signed:        John E Moley, Owner/Director – Avalon Learning

Date:         18/10/18