The Budokwai Data Protection Policy
1. General Statement
The Budokwai recognises that all personal data should be handled, as far as is reasonably practicable, in compliance with the Data Protection Act 1998. The Budokwai is required to process relevant personal data regarding children, their parents or guardians and adult members as part of its operation and shall take all reasonable steps to do so in accordance with this Policy. Processing may include obtaining, recording, holding, disclosing, destroying or otherwise using data. In this policy any reference to children and adults includes current, past or prospective members.
2. Data Protection Controller
The Budokwai has appointed the Manager as the Data Protection Controller (DCM) who will endeavour to ensure that all personal data is processed in compliance with this Policy and the Principles of the Data Protection Act 1998.
3. The Principles
The Budokwai shall, so far as is reasonably practicable, comply with the Data Protection Principles (‘the Principles’) contained in the Data Protection Act to ensure all data is:
Fairly and lawfully processed;
Processed for a lawful purpose;
Adequate, relevant and not excessive;
Accurate and up to date;
Not kept for longer than necessary;
Processed in accordance with the data subject’s rights;
Secure (e.g. not disclosed to any unauthorised parties such as employment agencies,
overseas agencies etc.);
Not transferred to other countries without adequate protection (e.g. sporting visits).
4. Personal Data
Personal data covers both facts and opinions about an individual. The Budokwai may process a wide range of personal data of children, their parents or guardians and adult members as part of its operation. This personal data may include (but is not limited to): names and addresses, bank details, academic, disciplinary, admissions and attendance records, references.
5. Processing of Personal Data
Consent may be required for the processing of personal data unless the processing is necessary for the Budokwai to undertake its obligations to children and their parents or guardians and adult members. Any information which falls under the definition of personal data, and is not otherwise exempt, will remain confidential and will only be disclosed to third parties with the consent of the appropriate individual or under the terms of this Policy.
6. Sensitive Personal Data
The Budokwai may, from time to time, be required to process sensitive personal data regarding a child, their parents or guardians or adult member. Sensitive personal data includes medical information and data relating to religion, race, or criminal records and proceedings. Where sensitive personal data is processed by the Budokwai but is not necessary to achieve its business objectives, the explicit consent of the appropriate individuals will generally be required in writing. This is incorporated into the body of the admission registration form, signed upon application to the Budokwai.
7. Rights of Access
Individuals have a right of access to information held by the Budokwai. Any individual wishing to access their personal data should put their request in writing to the Manager. The Budokwai will endeavour to respond to any such written requests as soon as is reasonably practicable and, in any event, within 40 days for access to records and 21 days to provide a reply to an access to information request.
Please note that the Budokwai may charge an administration fee of up to £10.00 for providing this information.
You should be aware that certain data is exempt from the right of access under the Data Protection Act. This may include information which identifies other individuals, information which the Budokwai reasonably believes is likely to cause damage or distress, or information which is subject to legal professional privilege.
The Budokwai will also treat as confidential any reference given by the Budokwai for the purpose of the education, training or employment, or prospective education, training or employment of any member. The Budokwai acknowledges that an individual may have the right to access a reference relating to them received by the Budokwai unless that reference is marked confidential. However, such a reference will only be disclosed if such disclosure will not identify the source of the reference or where, notwithstanding this, the referee has given their consent, or if disclosure is reasonable in all the circumstances.
8. Whose Rights
The rights under the Data Protection Act are the individual’s to whom the data relates. The Budokwai will, however, in most cases rely on parental consent to process data relating to children, unless, given the nature of the processing in question and the child’s age and understanding, it is unreasonable in all the circumstances to rely on parental consent.
Parents should be aware that in such situations they may not be consulted. The Budokwai will only grant the child direct access to their personal data if, in the Budokwai’s reasonable belief, the child understands the nature of the request.
Children agree that the Budokwai may disclose their personal data to their parents or guardians.
Where a child seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents or guardians, the Budokwai will maintain confidentiality unless it has reasonable grounds to believe that the child does not fully understand the consequences of withholding their consent, or where the Budokwai believes disclosure will be in the best interests of the child or other children.
Certain data is exempted from the provisions of the Data Protection Act which includes the following:
The prevention or detection of crime;
The assessment of any tax or duty;
Where the processing is necessary to exercise a right or obligation conferred or imposed
by law upon the Budokwai. The above are examples only of some of the exemptions under the Act. Any further information on exemptions should be sought from the ICO.
10. Disclosure of Information
The Budokwai may receive requests from third parties to disclose personal data it holds about children, their parents or guardians or adult members. The Budokwai confirms that it will not generally disclose information unless the individual has given their consent or one of the specific exemptions under the Data Protection Act applies. However the Budokwai does intend to disclose such data as is necessary to third parties for the following purposes:
To disclose details of a pupil’s medical condition where it is in the child’s interests to do so,
for example for medical advice, insurance purposes or to organisers of sporting trips.
Where the Budokwai receives a disclosure request from a third party it will take reasonable steps to verify the identity of that third party before making any disclosure.
11. Use of Personal Images by the Budokwai
The Budokwai will, from time to time, make use of personal data relating to children, their parents or guardians or adult members in the following ways. Should you wish to limit or object to any such use please notify the Manager in writing.
Within the Budokwai membership agreement, parents/guardians consent to the Budokwai obtaining and using photographs or images, including video recordings, of the children for use in the Budokwai’s promotional material such as the brochure, the website or social media; for press and media purposes or for sporting performance purposes as part of the Club’s activities.
The Budokwai may seek specific consent from the parents/guardians before using a photograph or video recording where the School considers that the use is intrusive.
The Budokwai would not disclose the home address of the child without the Parents’ consent, but may provide the press with the area that the child lives (eg town or village). We may also disclose the child’s age (but not date or month of birth).
The Budokwai will endeavour to ensure that all personal data held in relation to an individual is accurate. Individuals must notify the Budokwai of any changes to information held about them. An individual has the right to request that inaccurate information about them is erased or corrected.
The Budokwai will take reasonable steps to ensure that members of staff will only have access to personal data relating to children, their parents or guardians and adult members where it is necessary for them to do so. All staff will be made aware of this policy and their duties under the Data Protection Act. The Budokwai will ensure that all personal information is held securely and is not accessible to unauthorised persons.
If an individual believes that the Budokwai has not complied with this Policy or acted otherwise than in accordance with the Data Protection Act, they should inform the Data Protection Controller as mentioned at point 2 above. Children and adults may inform their Instructor; staff may follow the Staff Grievance procedure.