Data Protection Policy
Data Protection Policy
University Executive Group
Date of Approval
Information Governance Manager
1. Purpose of the Policy
The purpose of this policy is to ensure that the University and its staff and students comply with the provisions of the Data Protection Act, and with the General Data Protection Regulation (GDPR) in force from May 2018 and with any other relevant legislation in jurisdictions in which the University operates when processing personal data. The University takes its responsibilities with regard to the management of the requirements of Data Protection legislation seriously, and any infringement may be considered under disciplinary procedures.
This document provides the policy framework through which effective compliance can be achieved and audited.
This policy applies to staff, students, agents of the University and any authorised processors of personal data held or owned by the University, regardless of where the data is held and, in respect of automatically processed data, the ownership of the equipment used, if the processing is for University purposes. This policy also applies to personal data retained and processed by Aberystwyth University Students’ Union.
The University needs to process information about its employees, its students and other individuals: for example, to allow it to monitor performance, achievements and health and safety, and so that staff can be recruited and paid, courses organised and legal obligations (e.g. to funding bodies and the government) fulfilled. Such information must be collected and used fairly, stored safely and not disclosed unlawfully.
The University is required to adhere to the principles of data protection as laid down by the legislation. In accordance with those principles personal data shall be:
- Processed fairly and lawfully and in a transparent manner
- Processed for specified, explicit and legitimate purposes
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
- Accurate and up to date
- Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
- Processed in a manner that ensures appropriate security of the personal data
Personal data shall also be processed in a manner that respects the rights of data subjects, outlined here (https://www.aber.ac.uk/en/infocompliance/policies/dp/data-subject-rights/), and may only be transferred outside of the EU in compliance with the conditions for transfer set out in the legislation.
The University also notes that it is required to comply with those provisions set out in the GDPR which relate to the principle of ‘accountability’.
3.1 University Responsibilities
The University is a data controller under UK data protection legislation and under equivalent legislation in other jurisdictions and fully recognises its responsibilities for establishing policies and procedures in order to comply with the relevant requirements.
3.1.1 University-level Committee
The University Executive Group is ultimately responsible for approving and overseeing the operation of this Policy.
3.1.2 University’s Data Protection Officer
The University will nominate an appropriate person as the University's Data Protection Officer, who will be a person of sufficient knowledge and seniority in the University.
The University will ensure that the identity of the University's Data Protection Officer is to be made known to all staff, students, contractors and volunteers and will also draw to their attention this Policy and associated documentation. The Data Protection Officer is responsible for drawing up guidance and promoting compliance with this policy.
The Data Protection Officer has access to all relevant documents relating to a legal compliance request under Data Protection legislation and it is the Data Protection Officer (in consultation, when necessary, with the relevant senior officers) that will make the decisions regarding what information is released or exempted.
The Data Protection Officer is currently the Information Governance Manager.
3.2 Responsibilities of Heads of Academic Units and Central Service Departments
Heads of academic units and Heads of Central Service are responsible for ensuring compliance with the data protection legislation and other relevant legislation and for ensuring that the requirements of this Policy are met.
Heads of academic units and Heads of Central Service must ensure that all new members of staff receive an appropriate introductory briefing on data protection and other relevant legislation and that staff members within their areas of responsibility receive refresher courses on data protection compliance.
Heads of academic units and Heads of Central Service may choose to delegate the management of, but not the responsibility for, data protection matters to an appropriate senior member of staff.
The Data Protection Officer will perform periodic audits to ensure compliance with this Policy and with other relevant legislation.
3.3 Staff Responsibilities
3.3.1 It is a condition of employment that staff will abide by the rules and policies of the University. Any failure to follow this Policy may result in disciplinary proceedings.
3.3.2 When staff use personal information about students, other staff members, or other individuals, they must comply with the requirements of this Policy.
3.3.3 Staff must ensure that:
- all personal information entrusted to them in the course of their employment is kept securely;
- no personal information is disclosed either verbally or in writing, accidentally or otherwise to any unauthorised third party;
- no personal information is accessed by staff for any reason other than for legitimate University business;
- any information that they provide to the University in connection with their own employment is accurate and up to date and that they inform the University of any changes, e.g. changes of address.
3.3.4 When members of staff are responsible for supervising students doing work which involves the processing of personal information (e.g. in research projects), they must ensure that those students are aware of the data protection principles as set out in point 2 above, and, in particular, the requirement to obtain the data subject's consent where appropriate.
Staff who are unsure about who are the authorised third parties to whom they can legitimately disclose personal data should seek advice from their line manager or the Data Protection and Copyright Manager.
3.4 Contractors, Casual Staff and Volunteers
Heads of academic units and Heads of Central Service who employ contractors, casual staff or volunteers must ensure that they are made aware of their obligations under the legislation and the requirements of this Policy.
4. Detailed Policy
4.1 Data Subject Access Requests
The University is required to permit individuals to access their own personal data held by the University via a Data Subject Access Request. Any individual wishing to exercise this right should do so in writing to the Information Governance Manager. A form is available on the University’s Information Compliance web pages: https://www.aber.ac.uk/en/infocompliance/dp/.
The University aims to comply with requests for access to personal information as quickly as possible, but will ensure that it is provided within the 30 day limit (as stipulated by the GDPR) and within any relevant time periods set by other jurisdictions.
Individuals will not be entitled to access information to which any exemptions apply. However, only those specific pieces of information to which the exemption applies will be withheld, and information covered by an exemption will be subject to review by the Information Governance Manager.
4.2 Consent to process
In some cases, the University needs to process some information that, by the definition set out by the GDPR, is classed as sensitive. Such information may be needed to ensure safety, to comply with the requirements of the government or of funding bodies, to provide support for staff or students or to implement institutional policies. In some of these cases, the University may need to seek specific consent.
4.3 Information Collected by the University website
Information collected on the Aberystwyth University website is owned by Aberystwyth University (including any subsidiary companies). The University will not sell, share or rent this information to others in ways which differ from what is stated on the University’s website or in any prior agreement.
4.4 Data Security Breaches
Any data-related incident or breach or potential breach of UK data protection legislation or other equivalent legislation or of the requirements of this Policy should be reported to the Information Governance Manager as soon as possible and, in any case, within 24 hours of discovery.
Incidents will be dealt with in accordance with the University’s Procedures in the event of a suspected breach of Data Protection.
4.5 Sharing of data with third parties
The sharing of personal data will comply with those details set out in staff contracts and the Data Protection Statements for staff and students.
Staff, students and others whose personal data may be held by the institution, should note that the University has a duty under the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism, and that this duty may involve the passing of information to the police / security services.
5. Relevant Legislation, Codes of Practice and Industry Standards
General Data Protection Regulation
Data Protection Act 2018
Data Protection Act (Mauritius) 2004
Counter-Terrorism and Security Act 2015
Freedom of Information Act 2000
Limitation Act 1980
Information Commissioner’s ‘Employment Practices Code
6. Related Policies and Procedures
Relevant University policies include, but are not limited to:
Records Management Policy
Freedom of Information Policy
Information Security Policy
Procedures for Suspected Breaches of Data Protection
Guidance for staff on sharing students’ confidential information