We have recently updated the template workforce privacy notices and introduced a new example policy covering the processing of special category and criminal records data. Further information about both these changes can be found on the 'templates and tools' page.
In January 2012, the European Commission announced its intention to reform data protection rules. The Commission proposed that the existing Directive would be replaced by a Regulation, binding on every member state. Since the implementation date of 25th May 2018 fell prior to the date the UK will exit the EU all UK organisations and all foreign companies processing the data of EU residents must be compliant with the General Data Protection Regulation (GDPR) from this date.
The UK government published the Data Protection Bill in September 2017 and this has now received Royal Assent as the Data Protection Act 2018. The Act should be read in conjunction with the GDPR and contains additional provisions relating to, amongst other things, special categories of data, criminal convictions and offences and subject access requests.
Data protection law, including the GDPR, covers the processing of 'personal data' which means any information relating to an identifiable person. Schools and other education establishments will be processing personal data relating to staff, but also to others, such as pupils/students. The information available here is focussed predominantly on the HR and employment implications of GDPR and ensuring compliance in this particular area.
GDPR implementation did not end on 25th May 2018. For many schools and other education establishments, compliance efforts will be ongoing for many months and - of course - compliance is not a one-off exercise in any event. Many of the changes brought in by the GDPR are about ensuring organisations incorporate data protection principles into day-to-day processes and practices so that considering the implications for personal data becomes the norm.
If you are still working through the process of ensuring your school/college is compliant, here are some of the steps we suggest taking in respect of your HR data:
In our guidance and information section you can find an overview guidance document on GDPR as a whole, as well as more specific guidance on conducting an HR data audit, the role of the data protection officer, data retention periods for HR data, breach reporting and on handling subject access requests.
In our templates and tools you can find a template for conducting an HR data audit, workforce and job applicant privacy notices, a template HR data retention schedule, an example data protection policy and an example job description and person specification for a data protection officer. There are also links to updated HR policy templates and a range of resources for responding to subject access requests.
We will also gradually be reviewing and revising any other templates or resources we feel need amending to reflect these changes to data protection law.