Data Protection Policy

Approved by the Trust Board on 20 October 2022

Applicable from 21 October 2022

Co-op Academy Trust Data Protection Policy Table of Contents

1. Introduction and definitions 2 2. The data protection principles 3 3. The rights of data subjects 3 4. Lawful, fair, and transparent data processing 4 5. Specified, explicit and legitimate purposes 6 6. Adequate, relevant, and limited data processing 6 7. Accuracy of data and keeping data up to date 6 8. Data retention 6 9. Secure Processing 7 10. Accountability and record keeping 7 11. Data protection impact assessments 7 12. Keeping data subjects informed 8 13. Data subject access requests 9 14. Rectification of personal data 10 15. Erasure of personal data 10 16. Restriction of personal data processing 11 17. Data portability requests 11 18. Objections to personal data processing 11 19. Automated decision making 12 20. Profiling 12 21. Personal data collected, held and processed 13 22. Data security – Transferring personal data and communications 13 23. Data security – Storage 13 24. Data security – Disposal 14 25. Data security – Use of personal data 14 26. Data security – IT security 14 27. Organisational measures 15 28. Transferring personal data to a country out of the EEA 16 29. Data breach notification 17 30. Implementation of policy 17 31. Roles and Responsibilities 18 32. Appendices 19

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Co-op Academy Trust Data Protection Policy

1. Introduction and definitions

Introduction

1.1. This Policy sets out the obligations of The Co-operative Academies Trust, including all of its academies, regarding data protection and the rights of students, parents, staff and visitors and anyone else whose data it processes, in respect of their personal data under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

1.2. This Policy sets the Trust’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out in this policy must be followed at all times by the Trust, its employees, agents, contractors, or other parties working on behalf of the Trust.

1.3. The Trust is committed not only to following the law but also to promoting a positive data protection culture, and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

Definitions

1.4. The terms in this document are defined as follows:

1.4.1. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.4.2. ‘data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 

1.4.3. ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by 

transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

1.4.4. ‘special category personal data’ means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade 

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union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation. 

Application

1.5. Unless specifically noted, references to the Trust are taken to include the academies that are part of the Trust. 

2. The data protection principles

2.1. This Policy aims to ensure compliance with the Act including the UK GDPR. The UK GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

2.2. Processed lawfully, fairly, and in a transparent manner in relation to the data subject.

2.3. Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.

2.4. Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

2.5. Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.

2.6. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.

2.7. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

3. The rights of data subjects

The UK GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):

3.1 The right to be informed

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3.2 The right of access

3.3 The right to rectification

3.4 The right to erasure (also known as the ‘right to be forgotten’)

3.5 The right to restrict processing

3.6 The right to data portability

3.7 The right to object ; and

3.8 Rights with respect to automated decision-making and profiling.

4. Lawful, fair, and transparent data processing

4.1. The UK GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The UK GDPR states that processing of personal data shall be lawful if at least one of the following applies:

4.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes

4.1.2 The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them:

4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject:

4.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person:

4.1.5 The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data

controller; or

4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such

interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

4.2. If the personal data in question is “special category personal data” (sometimes referred to as “sensitive personal data”) processing is prohibited, unless one, or more, of the following exemptions applies:

4.2.1. The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or UK law prohibits them from doing so);

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4.2.2. The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or UK Law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);

4.2.3. The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent:

4.2.4. The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the

processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;

4.2.5. The processing relates to personal data which is clearly made public by the data subject;

4.2.6. The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;

4.2.7. The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the

fundamental rights and interests of the data subject;

4.2.8. The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or

services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and

safeguards referred to in Article 9(3) of the GDPR;

4.2.9. The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU

Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular,

professional secrecy); or

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4.2.10. The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in

accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and

specific measures to safeguard the fundamental rights and the interests of the data subject.

4.3. Where special category personal data is processed, the Trust shall have both a legal basis from Article 6 for using that personal data and at least one of the exemptions from Article 9(2) shall apply.

5. Specified, explicit and legitimate purposes

5.1. The Trust collects and processes the personal data set out in Part 21 of this Policy. This includes:

5.1.1. Personal data collected directly from data subjects; and

5.1.2. Personal data obtained from third parties.

5.2. The Trust only collects, processes, and holds personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the UK GDPR).

5.3. Data subjects are kept informed at all times of the purpose or purposes for which the Trust uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

6. Adequate, relevant, and limited data processing

6.1. The Trust will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Part 21, below.

7. Accuracy of data and keeping data up to date

7.1. The Trust shall take all reasonable steps to ensure that all personal data collected, processed, and held by it is kept accurate and up to date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.

7.2. The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

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8. Data retention

8.1. The Trust shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

8.2. When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

8.3. For full details of the Trust’s approach to data retention, including retention periods for specific personal data types held by the Trust, please refer to Appendix 1 of this Policy.

9. Secure Processing

9.1. The Trust shall ensure that all personal data collected, held and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.

10. Accountability and record keeping

10.1. The Trust’s Data Protection Officer is Tammy Pyszky, and she can be contacted by emailing data@coopacademies.co.uk. 

10.2. The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Trust’s other data protection-related policies, and with the UK GDPR and other applicable data protection legislation.

10.3. The Trust shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

10.3.1 The name and details of the Trust, its Data Protection Officer, and any applicable third-party data processors:

10.3.2. The purposes for which the Trust collects, holds, and processes personal data:

10.3.3 Details of the categories of personal data collected, held, and processed by the Trust, and the categories of data subject to which that personal

data relates:

10.3.4 Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards:

10.3.5 Details of how long personal data will be retained by the Trust (please refer to the Trust’s Data Retention Policy in Appendix 1); and

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10.3.6 Detailed descriptions of all technical and organisational measures taken by the Trust to ensure the security of personal data.

11. Data protection impact assessments

11.1. The Trust shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the UK GDPR.

11.2. Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

11.2.1. The type(s) of personal data that will be collected, held, and processed; 11.2.2. The purpose(s) for which personal data is to be used;

11.2.3. The Trust’s objectives;

11.2.4. How personal data is to be used;

11.2.5. The parties (internal and/or external) who are to be consulted; 11.2.6. The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;

11.2.7. Risks posed to data subjects;

11.2.8. Risks posed both within and to the Trust; and

11.2.9. Proposed measures to minimise and handle identified risks.

12. Keeping data subjects informed

12.1. The Trust shall provide the information set out in Part 12.2 to every data subject:

12.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

12.1.2 Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose; or

12.1.3 if the personal data is used to communicate with the data subject, when the first communication is made; or

12.1.4 if the personal data is to be transferred to another party, before that transfer is made; or

12.1.5 as soon as reasonably possible and in any event not more than one month after the personal data is obtained.

12.2. The following information shall be provided:

12.2.1 Details of the Trust including, but not limited to, the identity of its Data Protection Officer;

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12.2.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 21 of this Policy) and the legal basis

justifying that collection and processing;

12.2.3 Where applicable, the legitimate interests upon which the Trust is justifying its collection and processing of the personal data;

12.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

12.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties;

12.2.6 Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of

that transfer, including but not limited to the safeguards in place (see

Part 28 of this Policy for further details);

12.2.7 Details of data retention;

12.2.8 Details of the data subject’s rights under the UK GDPR;

12.2.9 Details of the data subject’s right to withdraw their consent to the Trust’s processing of their personal data at any time (where applicable);

12.2.10 Details of the data subject’s right to complain to the Information Commissioner’s Office;

12.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal

data and details of any consequences of failing to provide it; and

12.2.12 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions

will be made, the significance of those decisions, and any

consequences.

13. Data subject access requests

13.1. Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Trust holds about them, what it is doing with that personal data, and why. Data subjects are encouraged to approach the Academy concerned or the Trust to make a request.

13.2. Employees wishing to make a SAR may approach their Human Resources manager or line manager or submit it directly to their place of work.

13.3. Responses to SARs shall normally be made within one calendar month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject

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shall be informed.

13.4. Responses to SARs shall be dependent upon the terms of the UK GDPR, the Data Protection Act (2018) and associated ICO guidance.

13.5. The Trust does not charge a fee for the handling of normal SARs. The Trust reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

13.6. The Trust has defined a process for handling SARs and other data subject requests. This process is found in Appendix 2 of this document and is mandatory for all staff.

14. Rectification of personal data

14.1. Data subjects may have the right to require the Trust to rectify any of their personal data that is inaccurate or incomplete.

14.2. Where such rectification is possible, the Trust shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Trust of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

14.3. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

15. Erasure of personal data

15.1. Data subjects have the right to request that the Trust erases the personal data it holds about them in the following circumstances:

15.1.1 It is no longer necessary for the Trust to hold that personal data with respect to the purpose(s) for which it was originally collected or

processed;

15.1.2 The data subject wishes to withdraw their consent to the Trust holding and processing their personal data;

15.1.3 The data subject objects to the Trust holding and processing their personal data (and there is no overriding legitimate interest to allow the Trust to continue doing so) (see Part 18 of this Policy for further details

concerning the right to object);

15.1.4 The personal data has been processed unlawfully;

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15.1.5 The personal data needs to be erased in order for the Trust to comply with a particular legal obligation; or

15.1.6 The personal data is being held and processed for the purpose of providing information society services to a child.

15.2. Unless the Trust has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

15.3. In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

16. Restriction of personal data processing

16.1. Data subjects may request that the Trust restricts processing the personal data it holds about them. If a data subject makes such a request, the Trust shall in so far as is possible ensure that the personal data is only stored and not processed in any other fashion.

16.2. If the Trust is required to process the data for statutory purposes or for reasons of legal compliance, then the Trust shall inform the data subject that this processing is expected to take place. If possible, this notice will be provided prior to processing.

16.3. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

17. Data portability requests

17.1. The Trust processes personal data using automated means. Such processing is carried out by a range of systems across the Trust including management information systems, human resources and payroll systems and catering management systems.

17.2. Where data subjects have given their consent to the Trust to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Trust and the data subject, data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).

17.3. Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.

17.4. All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in

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the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.

18. Objections to personal data processing

18.1. Data subjects have the right to object to the Trust processing their personal data where such processing is based on the performance of a public task or the legitimate interests of the Trust which may include direct marketing and profiling.

18.2. Where a data subject objects to the Trust processing any such personal data the Trust shall act as though the data subject has submitted a request for restriction of processing for the specified personal data.

18.3. The Trust shall be responsible for reviewing the processing the data subject has objected to so as to provide a compelling demonstration of Trust’s grounds for the processing that override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

18.4. Where a data subject objects to the Trust processing their personal data for direct marketing purposes, the Trust shall cease such processing immediately.

18.5. Where a data subject objects to the Trust processing their personal data for scientific and/or historical research and statistics purposes, the data subject may object on grounds relating to his or her particular situation. The Trust is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

19. Automated decision making

19.1. Data subjects have the right not to be subject to a decision based on automated processing of their personal data, including profiling, where that decision has a legal effect or significantly affects them.

19.2. The Trust may use such processing if the decision:

19.2.1 is necessary for entering into, or performance of, a contract between the data subject and a data controller;

19.2.2 is authorised by legislation to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights

and freedoms and legitimate interests; or

19.2.3 is based on the data subject's explicit consent.

19.2.4 Where such decisions have a legal (or similarly significant effect) on data subjects, those data subjects have the right to challenge to such

decisions under the UK GDPR, requesting human intervention,

expressing their own point of view, and obtaining an explanation of the decision from the Trust.

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unless there is a compelling, demonstrated and documented reason for doing so. 20. Profiling

20.1. The Trust uses personal data for profiling purposes. These purposes relate to helping students maximise achievement and attendance.

20.2. When personal data is used for profiling purposes, the following shall apply:

20.2.1 Clear information explaining the profiling shall be provided to data subjects, including the significance and likely consequences of the

profiling;

20.2.2 Appropriate mathematical or statistical procedures shall be used;

20.2.3 Technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable

them to be easily corrected; and

20.2.4 All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 to 26 of this Policy for more details on data security).

21. Personal data collected, held and processed

21.1. The Trust uses a wide range of personal data across many processes. More detail can be found in our Privacy Notices. Our Data Protection Officer can provide a list of the categories of personal data we process.

22. Data security – Transferring personal data and communications

22.1. Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances:

22.2. The Trust will ensure that where special category personal data or other sensitive information is sent in the post that it shall be possible to demonstrate that it was delivered.

22.3. Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data:

22.4. Where special category personal data or other sensitive information is to be sent by e-mail the email will either be sent using a suitable encryption method or the data will be sent in an attached, encrypted document and not in the body of the e-mail.

22.5. Where personal data is to be transferred in removal storage devices, these devices shall be encrypted. The use of unencrypted removable storage devices is prohibited by the Trust

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23. Data security – Storage

23.1. The Trust shall ensure that the following measures are taken with respect to the storage of personal data:

23.1.1. All electronic copies of personal data should be stored securely using passwords, user access rights and where appropriate data encryption;

23.1.2. All hard copies of personal data, along with any electronic copies stored on physical, removable media should, where practicable, be stored

securely in a locked box, drawer, cabinet, or similar;

23.1.3. All personal data relating to the operations of the Trust, stored electronically, should be backed up on a regular basis;

23.1.4. Where any member of staff stores personal data on a mobile device (whether that be computer, tablet, phone or any other device) then that member of staff must abide by the Acceptable Use policy of the Trust.

The member of staff shall also ensure that they can provide a secure

environment for that device to be used to minimise any risk to the

confidentiality or integrity of the information.

24. Data security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Trust’s Data Retention Policy as found in Appendix 1 of this document.

25. Data security – Use of personal data

25.1. The Trust shall ensure that the following measures are taken with respect to the use of personal data:

25.1.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Trust requires

access to any personal data that they do not already have access to,

such access should be formally requested from

25.1.2 No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Trust or not, without the initial authorisation of the Data

Protection Officer.

25.1.3 Personal data must always be handled with care and should not be left unattended or on view to unauthorised employees, agents,

sub-contractors, or other parties at any time:

25.1.4 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and

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25.1.5 Where personal data held by the Trust is used for marketing purposes, it shall be the responsibility of the Brand and Communications Team to

ensure that the appropriate consent is obtained and that no data

subjects have opted out, whether directly or via a third-party service.

26. Data security – IT security

26.1. The Trust shall ensure that the following measures are taken with respect to IT and information security:

26.1.1. The Trust requires that any passwords used to access personal data shall have a minimum of 9 characters, composed of a mixture of upper- and

lower-case characters, numbers and symbols. Passwords are not

expected to be changed upon a regular basis, but users will be

expected to change their password if instructed by the Trust:

26.1.2. Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties

working on behalf of the Trust, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords.

26.1.3. All software (including, but not limited to, applications and operating systems) shall be kept up to date. The Trust’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably

and practically possible, unless there are valid technical reasons not to

do so; and

26.1.4. No software may be installed on any Trust-owned computer or device without authorisation.

27. Organisational measures

27.1. The Trust shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

28.1.1 All employees, agents, contractors, or other parties working on behalf of the Trust shall be made fully aware of both their individual

responsibilities and the Trust’s responsibilities under the UK GDPR and

under this Policy, and shall have free access to a copy of this Policy;

28.1.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Trust that need access to, and use of, personal data in

order to carry out their assigned duties correctly shall have access to

personal data held by the Trust;

28.1.3 All employees, agents, contractors, or other parties working on behalf of the Trust handling personal data will be appropriately trained to do so;

28.1.4 All employees, agents, contractors, or other parties working on behalf of the Trust handling personal data will be appropriately supervised;

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28.1.5 All employees, agents, contractors, or other parties working on behalf of the Trust handling personal data shall be required and encouraged to

exercise care, caution, and discretion when discussing work-related

matters that relate to personal data, whether in the workplace or

otherwise;

28.1.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

28.1.7 All personal data held by the Trust shall be reviewed periodically, as set out in the Trust’s Data Retention Policy;

28.1.8 The performance of those employees, agents, contractors, or other parties working on behalf of the Trust handling personal data shall be

regularly evaluated and reviewed.

27.2. The contravention of these rules will be treated as a disciplinary matter.

27.3. All employees, agents, contractors, or other parties working on behalf of the Trust handling personal data will be bound to do so in accordance with the principles of the UK GDPR and this Policy by contract:

28.3.1 All agents, contractors, or other parties working on behalf of the Trust handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the

same conditions as those relevant employees of the Trust arising out of

this Policy and the UK GDPR; and

28.3.2 Where any agent, contractor or other party working on behalf of the Trust handling personal data fails in their obligations under this Policy

that party shall indemnify and hold harmless the Trust against any costs, liability, damages, loss, claims or proceedings which may arise out of

that failure.

28. Transferring personal data to a country out of the EEA

28.1. The Trust may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.

28.2. The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

28.3. The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data:

29.3.1 The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement

between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission;

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authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR);

contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements

between public authorities or bodies authorised by the competent

supervisory authority;

29.3.2 The transfer is made with the informed consent of the relevant data subject(s);

29.3.3 The transfer is necessary for the performance of a contract between the data subject and the Trust (or for pre-contractual steps taken at the

request of the data subject);

29.3.4 The transfer is necessary for important public interest reasons;

29.3.5 The transfer is necessary for the conduct of legal claims;

29.3.6 The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or

29.3.7 The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

29. Data breach notification

29.1. All personal data breaches must be reported immediately to the Trust’s Data Protection Officer.

29.2. If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information

Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

29.3. In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

29.4. Data breach notifications shall include, a minimum, the following information: 30.4.1 The categories and approximate number of data subjects concerned;

30.4.2 The categories and approximate number of personal data records concerned;

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30.4.3 The name and contact details of the Trust’s data protection officer (or other contact point where more information can be obtained);

30.4.4 The likely consequences of the breach.

29.5. Details of the measures taken, or proposed to be taken, by the Trust to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

29.6. The Trust has a detailed policy for managing personal data breaches which can be found as Appendix 3 to this document.

30. Implementation of policy

30.1. This Policy shall be deemed effective on 21 October 2022. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

31. Role and Responsibilities

31.1. The Trust’s Data Protection Officer is Tammy Pyszky, and she can be contacted by emailing data@coopacademies.co.uk. The Data Protection Officer is supported by the Deputy Head of Data Protection and by a Data Protection Ambassador in each academy. The role of the academy Data Protection Ambassador is to:

- advise the academy on how to comply with trust policy and the UK GDPR; - complete and maintain the academy’s data map;

- complete and maintain the academy’s suppliers’ data processing register; - ensure all staff have undertaken appropriate data protection training in a timely way;

- undertake and advise on data protection impact assessments;

- record subject access requests and ensure these are complied with within statutory timescales;

- record FOI requests and ensure these are complied with within statutory timescales;

- log data breaches in a timely way and support the management of breaches, including making appropriate reports to the Information Commissioner’s Office as needed;

- undertake a data protection check within the academy on at least a

half-termly basis and ensure any identified actions are followed up;

- support a safe culture within the academy ensuring that data protection has a high profile;

- support the Trust’s Data Protection Ambassador network by attending meetings wherever possible and contributing to the sharing of good practice around the Trust.

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Co-op Academy Trust Data Protection Policy 32. Appendices

Appendix 1: Data retention and disposal policy

Appendix 2: Data subject request policy

Appendix 3: Data breach policy

Appendix 4: Data protection impact assessment policy

Appendix 5: CCTV Policy

Appendix 6: Biometrics Policy

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