Euphoria Dance General Data Protection Regulation Policy
Euphoria Dance
General Data Protection Regulation Policy
Statement
GDPR stands for General Data Protection Regulation and replaces the previous Data Protection
Directives that were in place. It was approved by the EU Parliament in 2016 and comes into effect on 25th May 2018.
GDPR states that personal data should be ‘processed fairly & lawfully’ and ‘collected for specified, explicit and legitimate purposes’ and that individuals data is not processed without their knowledge and are only processed with their ‘explicit’ consent. GDPR covers personal data relating to individuals. Euphoria dance is committed to protecting the rights and freedoms of individuals with respect to the processing of children’s, parents, visitors and staff personal data.
The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly.
GDPR includes 7 rights for individuals
1) The right to be informed
Euphoria Dance is a registered Performing Arts provider with the IDTA, ABD and the NATD and as so, is required to collect and manage certain data. We need to know parent’s names, addresses, telephone numbers, email addresses. We need to know children’s’ full names, addresses, date of birth and Education school, along with any SEN requirements. We are requested to provide this data to each child’s relevant Council, this information is sent to the Local Authority via a secure electronic file transfer system.
We are required to collect certain details of visitors to our classes. We need to know visits names, telephone numbers, and where appropriate company name. This is in respect of our Health and Safety and Safeguarding Policies.
As an employer Euphoria Dance is required to hold data on its Teachers; names, addresses, email addresses, telephone numbers, date of birth, National Insurance numbers, photographic ID such as passport and driver’s license, bank details. This information is also required for Disclosure and Barring Service checks (DBS) and proof of eligibility to work in the UK. This information is sent via a secure file transfer system to Capita for the processing of DBS checks. DBS Numbers and date of issue are also held on a central staffing record.
Euphoria dance uses Cookies on its website to collect data for Google Analytics, this data is anonymous.
2) The right of access
At any point an individual can make a request relating to their data and Euphoria will need to provide a response (within 1 month). Euphoria can refuse a request, if we have a lawful obligation to retain data but we will inform the individual of the reasons for the rejection. The individual will have the right to complain to the ICO if they are not happy with the decision.
3) The right to erasure
You have the right to request the deletion of your data where there is no compelling reason for its continued use. However Euphoria has a legal duty to keep children’s and parents details for a reasonable time*, Euphoria Dance may retain these records for 3 years after leaving the school, children’s accident and injury records for 19 years (or until the child reaches 21 years), and 22 years (or until the child reaches 24 years) for Child Protection records. Staff records must be kept for 6 years after the member of leaves employment, before they can be erased. This data is archived securely onsite and shredded after the legal retention period.
4) The right to restrict processing
Parents, visitors and staff can object to Euphoria Dance processing their data. This means that records can be stored but must not be used in any way, for example reports or for communications.
5) The right to data portability
Euphoria Dance requires data to be transferred from one IT system to another; such as from Euphoria dance to the Local Authority, for performance BOPA licences, and dance Associations for examinations. These recipients use secure file transfer systems and have their own policies and procedures in place in relation to GDPR.
6) The right to object
Parents, visitors and staff can object to their data being used for certain activities like marketing or research.
7) The right not to be subject to automated decision-making including profiling.
Automated decisions and profiling are used for marketing based organisations. Euphoria Dance does not use personal data for such purposes.
Storage and use of personal information
There are no paper copies of any of our students. Members of staff have access to the information relevant to their class via email and Dropbox folders and the information about individual children is confidential and apart from archiving, these records remain on site at all times. These records are deleted after the retention period.
Information about individual children is used in certain documents, such as, a weekly register, medication forms, referrals to external agencies and disclosure forms. These documents include data such as children’s names, date of birth and sometimes address. These records are deleted after the relevant retention period.
Euphoria Dance collects a large amount of personal data every year including; names and addresses of those on the waiting list. These records are deleted if the child does not attend or added to the child’s file and saved appropriately.
Information regarding families’ involvement with other agencies is stored electronically on a password protected Dropbox folder. These records are deleted after the relevant retention period.
Euphoria Dance stores personal data held visually in photographs or video clips or as sound recordings, unless written consent has been obtained via the Model Release form/fit to Perform agreement form. No names are stored with images in photo albums, displays, on the website or on Euphoria’s social media sites.
Access to all Office computers is password protected. When a member of staff leaves the company these passwords are changed in line with this policy and our Safeguarding policy.
GDPR means that Euphoria Dance must;
* Manage and process personal data properly
* Protect the individual’s rights to privacy
* Provide an individual with access to all personal information held on them
This Policy was adapted at a meeting at Euphoria Dance in March 2024 Signed on behalf of Euphoria Dance.
Policy review date: March 2025
*please see attached Preschool Learning Alliance Retention periods for records.
Retention periods for records
Children’s records | Retention period | Status | Authority |
Children’s records – including registers, medication record books and accident record books pertaining to the children | A reasonable period of time after children have left the provision (e.g. until after the next Ofsted inspection) | Requirement | Statutory Framework for the Early Years Foundation Stage (given legal force by Childcare Act 2006) |
Until the child reaches the age of 21 – or until the child reaches the age of 24 for child protection records | Recommendation | Limitation Act 1980
Normal limitation rules (which mean that an individual can claim for negligently caused personal injury up to 3 years after, or deliberately caused personal injury up to 6 years after the event) are postponed until a child reaches 18 years of age |
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Records of any reportable death, injury, disease or dangerous occurrence | The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (as amended)
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3 years after the date the record was made | |||
Requirement | |||
Personnel records |
Retention period |
Status |
Authority |
Personnel files and training records (including disciplinary records and working time records) | 6 years after employment ceases | Recommendation | Chartered Institute of Personnel and Development |
DBS check | 6 months | Recommendation | DBS Code of Practice
The following basic information should be retained after the certificate is destroyed: the date of issue; the name of the subject; the type of disclosure; the position for which the disclosure was requested; the unique reference number; and the details of the recruitment decision taken |
Pay | |||
Wage/salary records (including overtime, bonuses and expenses) | 6 years | Requirement | Taxes Management Act 1970 |
Statutory Maternity Pay (SMP) records | 3 years after the end of the tax year to which they relate | Requirement | The Statutory Maternity Pay (General) Regulations 1986 |
Statutory Sick Pay (SSP) records | 3 years after the end of the tax year to which they relate | Requirement | The Statutory Sick Pay (General) Regulations 1982 |
Income tax and National Insurance returns/records | The Income Tax (Employments) Regulations 1993 (as amended) | ||
At least 3 years after the end of the tax year to which they relate | |||
Requirement | |||
Redundancy details, calculations of payments, refunds, notification to the Secretary of State | 6 years after employment ends | Recommendation | Chartered Institute of Personnel and Development |
Health and safety | |||
Staff accident records (for organisations with 10 or more employees) | 3 years after the date the record was made (there are separate rules for the recording of accidents involving hazardous substances) | Requirement | Social Security (Claims and Payments) Regulations 1979 |
Records of any reportable death, injury, disease or dangerous occurrence | 3 years after the date the record was made | Requirement | The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (as amended) |
Accident/medical records as specified by the Control of Substances Hazardous to Health Regulations (COSHH) | 40 years from the date of the last entry | Requirement | The Control of Substances Hazardous to Health Regulations 2002 (COSHH) |
Assessments under Health and Safety Regulations and records of consultations with safety representatives | Permanently | Recommendation | Chartered Institute of Personnel and Development |
Financial records | Retention period | Status | Authority |
Accounting records | 3 years from the end of the financial year for private companies, 6 years for PLC | Requirement | Companies Act 2006 |
6 years for charities | Requirement | Charities Act 2011 | |
Administration records | Retention period | Status | Authority |
Employers’ liability insurance records | For as long as possible | Recommendation | Health and Safety Executive |
Minutes/minute books | 10 years from the date of the meeting for companies | Requirement | Companies Act 2006 |
6 years from the date of the meeting for Charitable Incorporated Organisations | Requirement | The Charitable Incorporated Organisations (General) Regulations 2012 | |
Chartered Institute of Personnel and Development | |||
Recommendation | |||
Permanently |