Privacy Notice for students of Marsh House Studio and their parents and carers
This notice describes the information we collect about you, why we collect it and what we do with it as well as other information you have the right to know under the General Data Protection Regulation.
If you in any way believe that the way your information is processed by Marsh House Studio is not compliant with the General Data Protection Regulations you can complain directly to us in writing (by letter or digitally) or to the information Commissioners Office with the details of your complaint. The addresses you need for this are at the end of this Privacy Notice.
Who we are: -
Marsh House Studio Ltd
Who you can talk to about your information: -
Steve Jacob or Michael Ross – 01582 510 122
The information/Data we collect:
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CCTV
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Contact details, Address and Date of Birth
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Financial data (for bursary applications only)
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Education Health Care Plans (if in place)
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Special Educational Needs
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Educational information
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Safeguarding information
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Attendance information
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Emotional or Behavioural Information
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Health Information
How we store the information securely:
All information stored and processed by Marsh House Studio is kept either in a locked cabinet or an encrypted filing system on a single computer in the company offices. Only authorised staff have access to the filing cabinet and the digital filing system. All educational data is kept separately from personal and sensitive data so authorisation can be given separately for each type of information. Some basic personal information is stored online if the organisation responsible for your placement here has an online system. ALPS have a system called AP tracker. CCTV data is stored on a secure designated hard drive in Marsh House Studio offices.
How we collect the information:
CCTV images - are collected through the cameras situated around the building interior.
Contact details, Address and Date of Birth: are supplied to us through the organisation responsible for your placement with us or other provision.
Financial data: (for bursary applications only) is only ever supplied directly from yourself about your family’s financial status.
Education Health Care Plans (if in place), Special Educational Needs is collected from your school or from other provisions you have attended.
Educational information: is supplied by the organisation that arranged your placement with us and from other provisions if you have transferred from one provision to Marsh House Studio. It is also gathered on a day to day basis through observation and through your academic achievements and unit work. Awarding bodies supply us with the details of any qualifications that you complete.
Safeguarding information: can be collected either directly from you or observations by members of staff or can be collected from other sources who may be aware of an issue concerning your emotional or physical safety and has reported this to us. This information is also gathered from regular staff meetings and routinely discussed by the appropriate staff and recorded in the minutes of the meeting.
Attendance information: is collected on a daily basis for students attending the provision.
Emotional, Well-being and Behavioural Information: may be collected from the organisation responsible for arranging your placement with us and by observation while in attendance or directly from yourselves.
Health Information: This information (if any exists) can be collected from the organisation who arranged your placement with us, from the NHS directly, from yourselves or your parents/carers.
The reason why we collect this information about you and what we do or might do with it:
CCTV images: are collected to monitor the facility and protect is against crime or any other incident which might compromise the well-being of anyone in the facility. The recordings could be used as evidence in a crime or to mediate an incident and will not be viewed by anyone unless either of these 2 examples arise. Live images are available for staff to monitor each room in the facility during the opening hours.
Contact details, Address and Date of Birth: are collected for the purpose of communication, filling out forms for funding related to your placement, for registration for qualifications and in some cases for filling out Individual Learning Plans.
Financial data: (for bursary applications only).
Education Health Care Plans: (if in place) and the details of Special Educational Needs are collected to enable the staff at Marsh House Studio to make a decision about your placement and to tailor a plan for any special considerations which suit needs which have been identified by health and educational specialists.
Educational information: is gathered in a number of ways. Initially this information is gathered to ensure that your learning experience is tailored to your individual needs. Also, the information which is gathered during your placement is used to ensure that your learning experience remains relevant and allows staff to make changes to your learning plan if necessary. Another reason we gather this information is to keep the organisation with overall responsibility for your placement informed of your progress.
Safeguarding information: (if it becomes necessary) would be used to engage other professionals who are in a position to support and protect you. Should there ever be a need for an intervention through children’s services this information would be used to inform that process.
Attendance information: will be used to monitor your attendance and to keep the organisation with overall responsibility for your placement informed.
Emotional, Well-being and Behavioural Information: Is gathered to ensure that your progress at Marsh House Studio is based around your needs as they arise and to identify any extra help that you may need.
Health Information is used to ensure that the correct support is available for you while you are at Marsh House Studio if you have a medical condition.
The lawful basis for collecting this information:
Under the General Data Protection Regulations, we must provide at least one lawful basis for processing any data (see our data protection policy on our web site for a list of these and what they mean)
CCTV data: Legitimate interest.
Contact details, Address and Date of Birth: – Legitimate interest and Legal obligation
Financial data: (for bursary applications only) - Legitimate interest
Education Health Care Plans: (if in place) – Legitimate interest
Special Educational Needs: Legitimate interest
Educational information: Legitimate interest - contract
Safeguarding information: – legal obligation, Vital Interests, Legitimate interest, contract
Attendance information: – Contract and legitimate interest
Emotional, Well-being and Behavioural Information: Legitimate interest
Health Information: – Vital Interest – Legitimate interest
The legitimate interest for the processing:
CCTV data will be processed In the legitimate interest of safety of the students and staff while on the premises and to protect the premises and the equipment. To provide evidence should an incident occur during the working hours or if a break in occurs.
Contact details, Address and Date of Birth: It is a legal obligation for the company to contact the parents or carers of the student placed with us if they do not attend when expected to. It is within the legitimate interest of the parent carers to be informed if their young people are not where they expect them to be. It is within the legitimate interests of the company to carry out its safeguarding duties to have contact details for the students who are placed with it. It is within the legitimate interests of the students to be informed of centre closures.
Financial data is collected for the legitimate interests of the student and their family for their entitlement of bursary when appropriate and for no other reason.
Education Health Care Plans: (if in place) It is within the legitimate interests of students at the provision that we are aware of the details of any EHCP which may be in place and that we refer to the document when configuring the individual package for the student. It is within the legitimate interest of the company to deliver an effective service to students with identified needs for the continuation of business.
Special Educational Needs information is collected for the legitimate interests of the students who have the right to an individual learning plan which suits their needs and is based around any identified needs unique to them.
Educational information is collected to satisfy the legitimate interests of the organisation responsible for the placement with us in monitoring progress and as a contractual/funding requirement. It is in the legitimate interests of the students to have in place appropriate support throughout their programme and to have their progressed tracked against their goals to gain the best chance of achieving them and to ensure that they are still appropriate goals. It is in the legitimate interests of the company to deliver effective learning programmes.
Safeguarding information: It is a legal obligation under section 11 of the children’s act 2004 that safeguarding procedures are adequate at the provision and are discussed regularly during company meetings and recorded.
It is a legitimate interest of the company that safeguarding is consistently monitored for its services to be delivered effectively.
It is in the legitimate interest and/or vital interest of the students that safeguarding is closely monitored and recorded in respect of their right to be in a safe environment and for the monitoring of their emotional and physical wellbeing and, for us to act when necessary to protect those interest.
Attendance information: It forms part of some contractual agreements to provide daily registers for students attending the provision. It is within the legitimate interests of the company to ensure that students are in attendance when expected in the performance of our duties related to safeguarding responsibilities.
Emotional or Behavioural Information is collected for the legitimate interest of the student’s well-being. Also, it is in the legitimate interest of the company to assist in making a decision on the suitability of a placement and to individualise the programme for students who have emotional and behavioural issues.
Health Information: it is in the legitimate interest of the students with health issues for the company to be in possession of the details regarding any ongoing health issues which could affect them while they are in our care. It is in the legitimate interest of the company in carrying out its duty of care to the students to be in a position to take effective action related to health issues.
Who we (Marsh House Studio) share the information with:
CCTV data could be shared with the police in the case of a crime being committed on the premises and will be shared among staff responsible for safeguarding and student well-being on the premises. The footage could also be viewed by key workers of students and social workers in the case of safeguarding issues.
Contact details, Address and Date of Birth will be shared with awarding bodies for qualifications, organisations responsible for student funding including bursaries, with the police in the case of a serious safeguarding issues or if a crime is committed by or against a student.
Education Health Care Plans (if in place) will not be shared with anyone by Marsh House Studio.
Special Educational Needs may be shared with other provisions should the students move from this to another provision. They may also be shared with the organisation responsible for the student’s placement should needs not already identified be observed while at the provision. In some case’s the details of Special education needs may be shared with awarding bodies for qualifications if special conditions are needed in the case of examinations.
Educational information will be shared with the organisation responsible for the student’s placement including schools and key-workers. This information may also be shared with potential employers or educational establishments if the students require a reference during or after their placement with us.
Safeguarding information will be shared with the organisation responsible for the student’s placement, in most cases with the parents or carers of the students, the local authority department responsible for safeguarding, in some cases with the police (for issues classed as a crime) and where necessary with social workers if their involvement becomes necessary. This information could also be shared as part of a multi-agency intervention where necessary (in this case you will be informed of the identity of the organisations involved and in most case’s will be consulted prior to engagement).
Attendance information will be shared with the organisation responsible for the student’s placement and where necessary with potential employers as part of a reference.
Emotional or Behavioural Information when necessary is shared with the organisation responsible for the student’s placement. Depending on the impact of the situation this may be shared as part of a safeguarding concern (see safeguarding information above)
Health Information may be shared with the NHS, the organisation responsible for the placement, the parents/carers of the student.
How long we keep the information:
CCTV data is stored for no more than 30 days.
Contact details, Address and Date of Birth is kept for 1 year after the student leaves the provision.
Education Health Care Plans (EHCP) are kept until a new EHCP is created or until the student leaves the provision.
Special Educational Needs are kept until the student leaves the provision.
Educational information is kept for 7 years after the student leaves the provision.
Safeguarding information in the form of referrals are kept until the student leaves the provision. Information in the form of meeting recorded discussions is Kept for 1 year and 1 month from the time it is recorded.
Attendance information is kept for 7 years after the student leaves the provision.
Emotional or Behavioural Information is kept in the form of meeting recorded discussions for 1 year and 1 month after the time it is recorded.
Health Information is kept until the student leaves the provision.
Your rights: Under the General Data Protection Regulations
The following details outline your rights under the General Data Protection Regulation. If you wish to enact these rights please put your request in writing to us with your contact details and the nature of the request and we will contact you to discuss the matter. Our contact details are at the end of this privacy notice.
The right to be informed;
You have the right to be informed about the data we hold and process about you which is why we produce this privacy notice.
The right of access;
In most cases you have the right to access the data we hold about you. All you need to do is put your request in writing and we have 30 days to respond.
If it is found that the information we hold about you is wrong in some way you have the right to have this corrected. All you need to do is put your issue in writing to us and we will correct the problem. The right to rectification.
In some case’s you have the right to have your data completely removed from any place where it is held. This does not apply when ‘legitimate interest’ is the lawful bases for processing but it does apply when the data is scheduled to be destroyed. The right to erasure.
The right to restrict processing; Article 18 of the GDPR gives individuals the right to restrict the processing of their personal data in certain circumstances.
In some case’s the right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services.
Article 21 of the GDPR gives individuals the right to object to the processing of their personal data. This effectively allows you to ask us to stop processing your personal data. This applies when consent is the lawful basis for processing the data.
The right not to be subject to automated decision-making including profiling applies when processing data is based on automated processing; and if it produces an adverse legal effect or a significantly affects the individual.
(This is not the cases with any data processed by Marsh House Studio)
Details of statutory obligation:
Placements at Marsh House Studio are by consent of the student. Some of the data we process is necessary for us to carry out the legitimate interests of the student, the company and the organisation responsible for the placement with us. Some data is processed as a legal obligation and some for the vital interests of the student’s well-being.
CONTACT DETAILS:
Marsh House Studio Ltd
Information Commissioners Office
Michael Ross
Marsh House Studio
Marsh House Community Centre
Bramingham Lane
Luton
Bedfordshire
LU3 2SR
01582 510122
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)
or
01625 545 745 if you prefer to use a national rate number