Brasenose College Data Protection Policy Statement v1.4

• The UK Data Protection Act 2018 replaces the Data Protection Act 1998. Inside the act is UK’s implementation of the General Data Protection Regulation (GDPR) – Often referred to as UK GDPR. It is the legislative act adopted in 2018 which protects the privacy and personal data of data subjects. UK GDPR applies to all organisations, institutions, and any operations that process personal data within the UK. It also applies to all processing of personal data by a UK controller or processor not established in the UK, where the processing activities are related to the offering of goods or services to UK data subjects, or the monitoring of UK data subject behaviour taking place within the UK. Information about the GDPR and the UK Data Protection Act (2018) can be obtained from www.ico.org.uk
• Definitions used by the organisation (drawn from the UK Data Protection Act (2018))

Material scope – the UK Data Protection Act (2018) applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) which form part of a filing system or are intended to form part of a filing system.

Territorial scope – the UK Data Protection Act (2018) will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to all controllers that are not established in the EU, but which process personal data of data subjects who are resident in the EU, where the processing is related to the offering of goods or services to such people, or the monitoring of such people.

Members of the College – where this document states to members of the College, it is referring to students, visiting students, employees, SCR members, other academic members, alumni and supporters of Brasenose College.

Partners – where this document states to partners of the College, it is referring to suppliers and contractors.

• Article 4 definitions

Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its central administration in the EU. If a processor has no central administration in the EU, its main establishment will be the place where its main processing activities take place. If a controller is established outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates, to act on behalf of the controller and deal with supervisory authorities.

Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Data subject – any living individual who is the subject of personal data held by an organisation.

Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and the requirement to undertake a data protection impact assessment (DPIA) in certain circumstances.

Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.

Data subject consent – means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Child – the UK Data Protection Act (2018) defines a child as anyone under the age of 16 years old. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. Controllers shall make reasonable efforts to verify that consent is given or authorised by the holder of parental responsibility over the child.

Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

• The Governing Body and management of Brasenose College are committed to compliance with all relevant UK data protection laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information Brasenose College processes in accordance with the UK Data Protection Act (2018).
• Compliance with the UK Data Protection Act (2018) is described by this policy and other relevant policies such as the College’s Information Security Policy (ISP), along with connected processes and procedures. These policies are publicly available from Brasenose College’s online document pages at https://www.bnc.ox.ac.uk/privacypolicies
• The UK Data Protection Act (2018) and this policy apply to all of Brasenose College’s personal data processing functions, including those performed on students, employees, suppliers, guest, prospective students and volunteers and all personal data however collected, used or stored.
• Data Protection Officer is responsible for reviewing the College’s published Records of Processing Activities (ROPA) at least bi-annually in the light of any changes to Brasenose College’s activities (as determined by the College Officers).
• This policy applies to all members, guests, and partners of Brasenose College such as outsourced suppliers. Any breach of the UK data protection laws will be dealt with under Brasenose College’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported to the Police.
• Partners and any third parties working with or for Brasenose College, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy, and associated policies such as the Brasenose College Supplier Information Security Policy (annex 3 of the College’s ISP document) and sign any required confidentiality agreements. These impose on the third-party obligations no less onerous than those to which Brasenose College is committed, and which may, in the event of any breach, lead to legal action against the third-party or the contract or agreement with the third-party being terminated.

• Brasenose College is a data controller and a data processor under the UK Data Protection Act (2018).
• College Officers and all those in managerial or supervisory roles throughout Brasenose College are responsible for developing and encouraging good information handling practices within Brasenose College; responsibilities are set out in individual job descriptions.
• The Data Protection Officer, who Governing Body considers to be suitably qualified and experienced, has been appointed to take ultimate responsibility for Brasenose College’s compliance with this policy and with its obligations under the UK Data Protection Act (2018). This person may be contacted at data.protection@bnc.ox.ac.uk
• The Data Protection Officer has responsibility to ensure procedures such as Subject Access Request are responded to in a timely fashion for all members, guests and partners of the College see https://www.bnc.ox.ac.uk/sar
• Compliance with data protection legislation is the responsibility of all members, guests and partners of Brasenose College who process personal data.
• Brasenose College will provide training and awareness requirements in relation to specific roles responsible for processing personal data.
• Members, guests and partners of Brasenose College are responsible for ensuring that any personal data about them and supplied by them to Brasenose College is accurate and up-to-date.

All processing of personal data must be conducted in accordance with the data protection principles as set out in the UK Data Protection Act (2018). Brasenose College’s policies and procedures are designed to ensure compliance with these principles.

• Personal data must be processed lawfully, fairly and transparently

Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example contractual.

Fairly – in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources. The UK Data Protection Act (2018) has increased requirements about what information should be available to data subjects in the ‘Transparency’ requirement.

Transparency – the UK Data Protection Act (2018) includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language.

Brasenose College’s privacy notices, Record of Processing Activities (ROPAs) & procedures are set out online at https://www.bnc.ox.ac.uk/privacypolicies

These include specific information on:

• the contact details of the Data Protection Officer;
• the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
• the period for which the personal data will be stored;
• the existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the provision of the personal data is part of a statutory or contractual requirement or obligation;
• the categories of personal data concerned;
• the recipients or categories of recipients of the personal data, where applicable;
• where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
• any further information necessary to guarantee fair processing.

• Personal data can only be collected for specific, explicit and legitimate purposes

Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of Brasenose College’s records of processing activities (ROPA).

• Personal data must be adequate, relevant and limited to what is necessary for processing
• The Data Protection Officer is responsible for ensuring that policies are in place so Brasenose College does not collect information that is not strictly necessary for the purpose for which it was obtained.
• All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must include a fair processing statement or link to privacy statement or statement of justification that clearly sets out where the data is being collected, who will have access to personal data, what information is required to be collected to fulfil the service and any relevant data-sharing statements.
• The Data Protection Officer will ensure that, on bi-annual basis, all data collection methods are reviewed to ensure that collected data continues to be adequate, relevant and not excessive.

• Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
• Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
• The Data Protection Officer is responsible for ensuring that relevant staff are trained in the importance of collecting accurate data and maintaining it.
• It is also the responsibility of the data subject to ensure that data held by Brasenose College is accurate and up to date.
• Members, guests and partners of the College should be required to notify the College of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of the member, guest and partner to do so.
• The Data Protection Officer and College Officers are responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
• On an annual basis, the Data Protection Officer will review the retention dates of all the personal data processed by the College, by reference to the College’s Records of Processing Activities (ROPA).
• The Data Protection Officer is responsible for ensuring responses and execution of requests for rectification from data subjects are completed within one month. This can be extended to a further two months for complex requests. If Brasenose College decides not to comply with the request, the Data Protection Officer must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and to a judicial remedy.
• The Data Protection Officer is responsible for making appropriate arrangements that, where third- party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.

• Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
• Personal data will be retained in line with the Records of Processing Activities (ROPA), once its retention date is passed, it must be securely destroyed or archived as set out in the ROPAs.
• The Data Protection Officer must specifically approve any data retention that exceeds the retention periods defined in the ROPAs, and must ensure that the justification is clearly identified and in line with the requirements of the UK Data Protection Act (2018).

• Personal data must be processed in a manner that ensures the appropriate security

The Data Protection Officer will ensure a clear data classification scheme exists along with data handling and storage security guidelines. The Brasenose College Information Classification and Handling Scheme (which is part of its Records of Processing Activities (ROPAs)) classifies all data processed, held, or transmitted by Brasenose College according to its level of sensitivity, value and criticality to the College. It establishes a system of controls based on the data classification which ensures appropriate security, measured by confidentiality, integrity, and availability of data throughout the data lifecycle (creation, distribution, use, modification, retention, and disposal).

When assessing appropriate organisational measures the Data Protection Officer will consider the following:

• The appropriate training levels throughout Brasenose College;
• Measures that consider the reliability of employees (such as references etc.);
• Confidentiality agreements with anyone accessing Brasenose College data;
• Identification of disciplinary action measures for failing to report data breaches;
• Monitoring of staff for compliance with relevant security standards;
• Physical access controls to electronic and paper based records;
• Adoption of a clear desk policy;
• Storing of paper based data in lockable fire-proof cabinets;
• Restricting the use of portable electronic devices outside of the workplace;
• Restricting the use of employee’s own personal devices being used in the workplace;
• Adopting clear rules about passwords/passphrases;
• Ensuring regular, encrypted backups of personal data and storing media across multiple sites;
• The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.

Brasenose College’s compliance with these principles is contained in its Information Security Policy (ISP), which has been developed in line with ISO/IEC 27001:2013

• The controller must be able to demonstrate compliance with the accountability principle

The UK Data Protection Act (2018) includes provisions that promote accountability and governance. These complement the transparency requirements.

The College will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, data protection impact assessments, breach notification procedures and incident response plans.

• Data subjects have the following rights regarding data processing, and the data that is recorded about them:
• To make subject access requests regarding the nature of information held and to whom it has been disclosed.
• To prevent processing likely to cause damage or distress.
• To prevent processing for purposes of direct marketing.
• To sue for compensation if they suffer damage by any contravention of data protection regulation
• To take action to rectify, block, erase, including the right to be forgotten, or destroy inaccurate data.
• To request the supervisory authority to assess whether any provision of the data protection regulation has been contravened.
• To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
• To object to any automated profiling that is occurring without consent.
• Brasenose College ensures that data subjects may exercise these rights:
• Data subjects may make subject access requests (SAR) online or in writing using the process outlined here: https://www.bnc.ox.ac.uk/sar
• Data subjects have the right to complain to Brasenose College about the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled in line with each of Brasenose College’s relevant complaints, grievance and disciplinary policies and procedures.

• Brasenose College understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. Consent requires affirmative action so silence, pre-ticked boxes or inactivity will not suffice. If consent cannot be demonstrated it will be deemed invalid.
• There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication.
• In most instances, consent to process personal and special category data is obtained by Brasenose College contractually e.g. when a new student signs a student contract, or during an application process when prospective students submit information to Brasenose. The College must ensure that data subjects understand that they are consenting and to what they are consenting. Where Brasenose College provides online services to children, consent is a valid basis for processing only when the child is 16 or over. Below that age, processing is only lawful if consent is given by a person holding parental responsibility for the child. Brasenose College will take reasonable steps (taking into account available technology) to verify consent was given by a person holding parental responsibility.

• All College members, guests and partners are responsible for ensuring that any personal data that Brasenose College holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by Brasenose College to receive that information and has entered into a confidentiality agreement.
• All personal data should be accessible only to those who need to use it, and access may only be granted in line with the College’s Information Security Policy (ISP).
• Care must be taken to ensure that PC screens and terminals are not visible except to authorised personnel. All employees (and other members) are required to enter into a confidentiality agreement as a condition of employment or engagement with Brasenose College.
• Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit written authorisation from either the Data Protection Officer or the relevant College Officer. All access to personal data should be recorded.
• Personal data may only be deleted or disposed of in line with the Records of Processing Activities (ROPAs) and data-handling scheme. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be destroyed or cleaned before re-use.

• Brasenose College must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies (except where required to by law. E.g. HMRC, court orders or the police), and in certain circumstances, the data subject themselves. All members, guests and partners should exercise caution when asked to disclose personal data held on another individual to a third party and it is NOT ENOUGH to rely on the third party’s claim to have a right to the data. A formal request for information under subject access rules must be used and the requester’s identity must be confirmed before disclosure.
• All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer or their designated staff member.

• Brasenose College shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data were originally collected.
• Brasenose College may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
• The retention period for each category of personal data is set out in the College’s Records of Processing Activities (ROPAs) along with the criteria used to determine this period including any statutory or other legal obligations to retain or erase personal data after a certain period.

• All exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR & UK Data Protection Act (2018) as ‘third countries’) are unlawful unless there is an appropriate safeguard in place as specified by Article 46 of the GDPR or unless one of the derogations for specific situations in Article 49 applies. Specific advice must be sought from the Data Protection Officer before any such transfers are authorised.
• Brasenose College does not export persona data to any party outside the EU without data subject consent.

• Brasenose College has established detailed Records of Processing Activities (ROPAs) and a Data Sharing Table (available online at https://www.bnc.ox.ac.uk/privacypolicies) as part of its approach to address the accountability obligations in Article 30 of the UK Data Protection Act (2018). The register sets out the information assets and details how Brasenose College processes data, including:
• business processes that use personal data;
• source of personal data;
• description of personal data;
• processing activity;
• maintains the inventory of data categories of personal data processed;
• documents the purpose(s) for which each category of personal data is used;
• recipients, and potential recipients, of the personal data;
• the role of the Brasenose College throughout the data flow;
• any data transfers; and
• all retention periods.
• Brasenose College is aware of any risks associated with the processing of particular types of personal data.
• Brasenose College assesses the level of risk to individuals associated with the processing of their personal data and specifies handling processes based on the classification of that data.
• Brasenose College shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
• The Data Protection Officer shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority as a personal data breach.

Document Owner and Approval

The Data Protection Officer is the owner of this document and is responsible for ensuring that this policy document is reviewed in line with the review requirements stated above.

A current version of this document is available publically on the College’s website.

https://www.bnc.ox.ac.uk/about-brasenose/official-information

Change History Record

Version control: v1.4