GENERAL DATA PROTECTION REGULATION

 

1. INTRODUCTION

 

Fluid Motion Theatre Company needs to process information about employees, volunteers, organisations and individuals who use our services.   When we process information, we need to keep to the terms of the Data Protection Act 2018. In particular, we need to make sure that we process information in line with the principles of data protection described in the Act.

 

The Data Protection Act sets limits on the way we collect, store and use information. The Act controls how:

 

  • We file information

  • How we access information

  • How we pass information on to other organisations and individuals

  • How and when we destroy information we are storing

The Act says that people have a right to access any information that we hold about them. This includes employees, volunteers and people who use our services. The Act says that we must respond to requests for access to information within 1 month at most.  

In certain circumstances, for example particularly complex or multiple requests, we may take a further 2 months to provide data. In this case, Fluid Motion must tell the individual within 1 month of their request why there is a delay.

When information can be withheld

There are some situations when organisations are allowed to withhold information, for example if the information is about:

  • the prevention, detection or investigation of a crime

  • national security or the armed forces

  • the assessment or collection of tax

  • judicial or ministerial appointments

An organisation does not have to say why they’re withholding information.

How much it costs

Requests for information are usually free. However, Fluid Motion Theatre Company may charge an administrative cost in some circumstances, for example if:

  • you’re asking for a large amount of information

  • your request will take a lot of time and effort to process

 

The Act says that organisations that process information needs to register with the Information Commissioner’s Office. There are exceptions to this rule for some not-for-profit organisations. Under these exceptions, Fluid Motion Theatre Company does not have to register with the Information Commissioner.

 

The Executive and Artistic Directors will deal with day-to-day data protection issues. The Fluid Motion Theatre Company Board of Directors has overall responsibility for ensuring that the company works in line with the Data Protection Act 2018.

 

The Fluid Motion Theatre Company Board of Directors, staff and any others who process personal information on behalf of Fluid Motion Theatre Company must comply with the principles of the Act. 

 

2. FLUID MOTION THEATRE COMPANY’S RESPONSIBILITIES

 

Fluid Motion Theatre Company wants to protect the right of individuals to privacy:

 

  • We will respect the privacy of individuals when processing personal information

  • We will take appropriate measures to make sure that the data we hold is stored securely

  • The Fluid Motion Theatre Company Board of Directors has overall responsibility for making sure that the company meets the terms of the Data Protection Act 2018.

  • The Fluid Motion Theatre Company Board of Directors have a responsibility to make sure that staff process information in line with the terms of the Act.

 

3. STAFF RESPONSIBILITIES

 

  • Staff are responsible for the security of the information they process

  • Staff must not pass on information to anyone who is not entitled to it

  • Staff should make sure that any information they give to Fluid Motion Theatre Company about their employment is accurate and up to date

 

4. RIGHT OF ACCESS

 

  • Fluid Motion Theatre Company employees, volunteers, and people who use our services have the right to access personal information the company holds about them, whether in electronic or paper form

  • People who want to access information held about them should contact either the Executive or Artistic Director 

  • More information about individuals’ right of access is available in Appendix 2

            

MAKE A COMPLAINT

If you think your data has been misused or that Fluid Motion Theatre Company has not kept it secure, you should contact the Executive or Artist Directors and tell them.

If you’re unhappy with their response or if you need any advice you should contact the Information Commissioner’s Office (ICO).

 

  1. THE EIGHT PRINCIPLES OF DATA PROTECTION

 

The Data Protection Act 2018 states that anyone who processes personal information must comply with eight principles. These state that information must be:

 

  • Fairly and lawfully processed

  • Processed for limited purposes

  • Adequate, relevant and not excessive

  • Accurate and up to date

  • Not kept for longer than is necessary (See ‘How long we keep your information’ on page 6.)

  • Processed in line with individuals' rights

  • Secure

  • Not transferred to other countries without adequate protection

APPENDIX 1

 

Being open about how we will use information that individuals/organisations give us

 

The Data Protection Act says that we need to explain to people how we will use the personal information they give us. Fluid Motion Theatre Company also desires to be clear about how we will use organisational information which is supplied. 

 

The following statement is a general explanation of how Fluid Motion Theatre Company will use information. This statement should be included on all forms, surveys, questionnaires and other documents where we ask for personal information. If we are collecting information for a purpose that isn’t included in this statement, we should amend the statement to make our full purpose clear.

 

How we use the information you give us

Information you give Fluid Motion Theatre Company will be used by us to tell you about any of our services and to give you information on issues relevant to the arts and community sector. Fluid Motion Theatre Company will communicate with you by telephone, letter, email, or in any other reasonable way. You can ask for a copy of the information we hold about you and your organisation, and if the information isn’t accurate, you can ask us to correct it. If you do not want to receive letters, emails and telephone calls from us in the future, please tell us in writing. 

 

Fluid Motion Theatre Company may pass on details of your organisation’s postal address to other arts and community organisations, or to local statutory organisations. We will NEVER pass your contact details on to salespeople, or to private organisations. If you do not want us to pass on your organisation’s postal address, please let us know in writing.

 

If you have any questions about how Fluid Motion Theatre Company will use information about your organisation, please contact us.

 

General guidelines:

 

  • Fluid Motion Theatre Company may pass contact information on to agents employed by the company to carry out a particular task (for example, asking volunteers to contact people on our database by telephone)

  • Fluid Motion Theatre Company may pass contact information for organisations, individually or collectively, to members of the public, to public sector organisations, and to voluntary sector organisations

  • Fluid Motion Theatre Company may not pass on contact information for organisations, individually or collectively, to private sector organisations wishing to sell services or goods

  • Fluid Motion Theatre Company may not pass on information about an individuals’ use of the company’s services, without permission from that individual.

APPENDIX 2

 

Dealing with disclosure

 

The Data Protection Act gives people rights to access personal information that organisations hold about them. This guidance explains what rights people have, and what our responsibilities are.

 

People have the right to know if we process (collect, store and use) their personal information.

People can ask us to tell them:

 

  • What kinds of personal information we process

  • How we use personal information

  • Who we pass personal information on to, and in what circumstances

 

People can also ask for a copy of the information records we hold about them, and for us to explain where we got our information from.

 

If people want to get a copy of the information records we hold about them, they need to ask us in writing. We must respond to written requests within 20 working days.

 

An individual only has the right to see personal information we hold about them personally – no one can ask to see another person’s information. If someone asks for a copy of their information record we need to check that they are the person the record is about.

 

In some situations, by giving out information about one person, we may also give out information that makes other people personally identifiable. For example, our training records might show the names of everyone who attended a workshop on a particular date. The Data Protection Act

has special rules to say what should happen in these situations and we need to work in line with these rules.

 

People can also ask in writing to be removed from our records, or to say how and when we can use the information we hold about them. For example, someone might choose not to receive letters from us, but might still want to receive the Fluid Motion Theatre Company newsletter. We need to deal with requests like this within 20 working days. In general, all requests relating to the use, storing or deleting of records should be made in writing to the Ali Gill, Executive Director, ali@fluidmotiontheatre.com

APPENDIX

 

Security

Personal information relating to the involvement of individus and organisationswith Fluid Motion Theatre Company is stored centrally on the Fluid Motion Theatre Company database. This data is limited to contact information, details of individuals’ use of Fluid Motion’s services, and details of individuals’ mailing subscriptions. 

 

  • Access to the database must be limited to current Fluid Motion Theatre Company staff 

 

Personal information relating to the recruitment and employment of Fluid Motion Theatre Company staff, photography consent forms and children’s details are stored securely in a locked filing cabinet and the keys are held by the Executive and Artistic Directors only.  Before disposal, sensitive documents are shred.

The Data Protection Act does not set out any specific minimum or maximum periods for retaining personal data. Fluid Motion Theatre Company regularly reviews how long it keeps different categories of information. Our current data retention periods are:

  • Current employees and volunteer’s information – Kept for the duration of the employment and for 6 years after employment ends.  

  • Past employees and volunteer information – 6 years after the employment ends.

  • Job applications, interview records of unsuccessful candidates – 6 months after notifying unsuccessful candidates. 

  • Children’s records - 6 years after the project/engagement ends. 

  • Adult and children photography consent forms/use of images – 3 Years (unless we gain written permission to extend the use after this time)

info@fluidmotiontheatre.com

+ 44 (0)7935 680209

+ 44 (0)7784  316731

 

Fluid Motion Theatre Company

The Orchard, White Hart Lane

Basingstoke

RG21 4AF

© 2021 Fluid Motion Theatre Company

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Registered charity no.1192793. Registered as a

company limited by guarantee in England and

Wales no.7227917.