Confident in Data Protection Compliance Ayrshire College

1. Confident inData Protection Compliance Ayrshire College

2. Hi! • Jason Miles-Campbell JISC Legal Service Manager • jason.miles-campbell@jisclegal.ac.uk • 0141 548 4939 • www.jisclegal.ac.uk

4. jiscleg.al/DataProtection Law, ICT and Data Protection

5. Have you heard of Jisc Legal before? • Hello again, Jason • Yes, fairly often • Yes, used occasionally • Vague acquaintance • What’s that, then? 10

6. When it comes to data protection... • I’m confident • I’ve a fair idea • I dabble • I ask others • I hide in the toilet 10

7. Relevant Law • Data Protection Act 1998 • Freedom of Information Act 2000 • Privacy and Electronic Comms Regs 2003 • Protection of Freedoms Act 2012 • www.ico.gov.uk

8. Why Comply? • It’s the law • Good business practice • Sets a good example • Confidence • Risk (ID theft) • All of the above

9. Some DP Terminology • Data Subject • Data Controller • Data Processor • A Relevant Filing System • Processing

10. Which one of the following is likely to be covered by the DPA? • a deceased staff member’s email account • Student ID numbers in a VLE • documents relating to a disciplinary matter • ‘John Smith’ on a post-it on a monitor

11. What is Personal Data? Any information which relates to an identified or identifiable person Living persons Must be significant biographical information which affects privacy Sensitive personal data

12. Common Scenarios • A parent requests information on son’s progress • Police request information on one of your students • A tutor asks to see a reference supplied by her supervisor • An employer requests information on an employee’s attendance • Personal details of a student disclosed in confidence appear on FB • A staff mobile phone containing sensitive data is lost • Internal sharing of data amongst staff • External sharing of data - ALL have DP compliance implications

13. Data Protection Essentials “Data protection ..regimes…do not seek to protect data itself, rather they seek to provide the individual with a degree of control over the use of their personal data” “data privacy regimes do not seek to cut off the flow of data, merely to see that it is collected and used in a responsible and, above all, accountable, fashion” (Source: DP Code of Practice for FE and HE) i.e. Data Protection law does not prevent using and sharing personal data lawfully and fairly

14. Some Particular Issues Institutional mergers Institutional splits Retention periods- European Social Fund requirements

15. The 8 Data Protection Principles Data Protection Act 1998

16. 1: Fair and Lawful • Consent • Legitimate interest of the data controller • Fulfilment of a contractual obligation

17. One of these is fair and lawful. Which? • The college releases details on student attendance to a parent • The college collects name and contact details of all students • A tutor puts personal details of a student on his FB account

18. Sensitive Personal Data • Explicit consent • Fulfilment of employment law • Protection of vital interests • Needed for administration of justice /legal proceedings

19. Scenario • A college collects names and addresses of students. It outsources IT support. The students start to receive targeted emails.

20. 2: Limited Purposes • Consider all uses and future uses • State the purposes when collecting the data • Stick to using the data for those purposes • If a further purpose arises, you need to seek further consent

21. A SampleData Protection Statement JISC Legal undertake to treat your personal data in accordance with the provisions of the Data Protection Act 1998. The data given will only be used to register you for the JISC Legal Newsletter on the JISCmail system. You can read the details of our Privacy policy at www.jisclegal.ac.uk/privacystate.htm

22. A college decides to retain all emails for a period of 10 years. Is this in line with the DPA? • Yes • No • Depends • Don’t know

23. 3: Adequate, Relevant, Not Excessive • Follows from purposes • Good records management practice • See Jisc infoNet • No duties with respect to personal data you no longer hold!

24. 4 & 5: Accuracy and Currency • Kept up-to-date • Kept no longer than necessary

25. 6: The Individual’s Rights • S.10 Substantial prejudice • S.12 Right to stop automatic processing

26. 6: The Individual’s Rights • S.7 the Data Subject Access Request • Allows access to personal data • Exemptions: • request not in writing, or fee not paid; requester cannot verify identity; disclosure of third party personal data; disclosure of third party as source; certain health, education social work records

27. Scenario A tutor writes a reference for a student in the college. The student doesn’t get the job and makes a S.A.R. asking the college to see the reference. What should the college do?

28. 7: Security Data must be secure(organisationally and technically)

29. Information Security • Password and access, encryption for mobile devices • Authority to transfer/share information with third parties – see section in Code of Practice • Compliance with recognised standards –what the ICO expects? • UCISA Information Security Toolkit may help

30. Over to You Ayr College contracts with Help4U to process staff personal data to produce pay slips. Unfortunately the names, addresses, bank details and account numbers are sent to the wrong recipient. Who is liable?

31. Who is liable? • The college as data controller • The processor as they caused the error • Both the data controller and the processor • Neither

32. Scenario A laptop is used on campus to create personal profiles of learners. A tutor wishes to work from home so he copied the files of 5 students onto a USB and takes it home. It is accidentally dropped in the car park of the train station......

33. 8: Transfer Out of EEA • Data must not be transferred out of Europe without adequate security …..

34. Important Points In developing your data protection strategy, consider: • Purpose: why are you collecting personal data, • Fairness: is the reason fair to the data subject and • Transparency: does the data subject know about it • Security: at an appropriate level of security

35. Forming a Strategy • Establish practices to protect individuals and allow the college to carry out operational business without compromising privacy. • Address risks of data loss and invasion of privacy. • Build DP safeguards into day to day practice. • Ensure that this is embedded within the college (training).

36. Forming a Strategy “All operational emails will be accessible on the ___ drive” “We will protect privacy by…..”

37. Policy and Procedures • Implement your strategy • Share with all staff • Training • Records • Future proof (technologies) • Consistency • Response

38. Website Should have a privacy statement which • Complements full DP policy • States what is done with information collected • Cookie regulations – in force 26 May 2012

39. What should be in place? • DP policy in place and a regular review date New developments which may affect your DP policy: • Mechanism for conducting a privacy impact assessment at planning stage of new project • Guidance and training for staff/student use of social networking and web 2.0 tools laptops memory sticks and other ‘mobiles’ • Information Security standards • Website information on privacy and cookies

40. Scenario • Police arrive at the front reception requesting to confirm the address of one of your students, his record of attendance at the college, and whether he is currently in class. • What should you do?

41. Scenario • A father calls saying that he understands his son needs to pay the year 2 course fees for the BTEC HND in Construction, and also has some library fines to pay – he’d like to make payment on his son’s behalf. • What do you do?

42. Scenario • A college carried out Disclosure Scotland checks for a new cleaner. A colleague asks her boss whether she should be concerned about the shoplifting and security of personal items in college.

43. Staff are encouraged to use their own mobile devices when processing information, including personal data. • How should the college handle this?

44. Scenario Staff use FB to chat to students….

45. Scenario • An employer emails asking for the grades and attendance record of a student being sponsored by them through their college studies. • What do you do?

46. Scenario • A member of staff discloses to his line manager in confidence a health issue. The member of staff is upset when a colleague in another department says he’s sorry to hear he’s not well.

47. A college is finished with various hard drives so it contracts with a company who have a really persuasive website to dispose of them securely. Unfortunately, the drives then appear for sale on ebay. • What is the college’s liability here?

48. Scenario • A tutor receives a request from a JISC project asking for details of a student who has done well in a technology-based course, for the purposes of making a case study. They only want first name and email address. • What do you do?

49. Sources of help • info@jisclegal.ac.uk and www.jisclegal.ac.uk (code of practice)www.ico.gov.uk (checklists) • University of Edinburgh - http://www.recordsmanagement.ed.ac.uk/InfoStaff/DPstaff/DataProtection.htm • UCISA Information Security Toolkit and others http://www.ucisa.ac.uk/publications.asp • ICO – privacy impact assessments / general guidance • JISC InfoNet on records management and data retention

50. Summary • Make all staff aware of data protection • Consider what personal data you hold • Ensure you’ve stated the purposes for which the data will be used • Observe the data protection principles • Periodically review what personal data you hold • Ensure the college’s notification allows this