Required & Regulatory

CLD organisations rely on record keeping as an important way to track and monitor the progress of individual learners, volunteers and staff, and to manage the smooth running of CLD operations. If you handle personal information about individuals, you have a number of legal obligations to protect that information under the Data Protection Act 1998.

In this section we highlight ….

• CLD Code of Ethics and Values… what do they say about data protection

• The Data Protection Act 1998

• Self assessment checklist – How well do I/we …

• Resource links

CLD Code of Ethics and Values… what do they say about data protection

An important principle of the CLD Code of Ethics is confidentiality. This means protecting the people you work with by not using information about them or sharing it with others without their consent. People should be made aware of the limits to confidentiality and until this happens the presumption of confidentiality should apply.

For example: Photographs and Video Footage

When taking a photograph of or videoing a specific person or group of people you must obtain their consent explaining what you intend to do with the photograph/footage including whether it is to be published and where. In relation to a young person, such consent must be obtained from a parent or guardian. Obtaining specific consent should not be necessary when photographing/videoing a crowd where the individuals remain fairly anonymous.

Data Protection Policies

National voluntary organisations and local authorities have data protection policies in place to guide and support managers, practitioners and volunteers. Here are some examples:

Girlguiding UK

Stirling Council

The Data Protection Act 1998

The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly. The Act works in two ways.

1 The Act states that anyone who processes personal information must comply with eight principles, which make sure that personal information is:

• 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

• Processed in line with your rights

• Secure

• Not transferred to other countries without adequate protection

2 The Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records.

You can find out all about Data Protection from the Information Commissioners Office web site. There is also a Data Protection Guide which you can download.

Taking a positive approach to information rights is a short guide which highlights how a positive approach to information rights can help organisations to benefit from data protection.

How does data protection affect the records you keep in CLD?

Public sector agencies are obliged to meet the requirements of data protection, whereas some voluntary or not-for-profit CLD organisations may be exempt from the Data Protection Act. You can find out more about exemptions from the Information Commissioners Office. However, there are principles and good practice that should be seen as standard for a well run organisation.

For example:

• making sure that individuals do not object to you holding their information;

• ensuring individuals that you will not pass their details on without their permission;

• keeping information securely;

• keeping information up-to-date and relevant for the purposes that it is held.

Self assessment checklist – How well do I/we …

• Understand how the Data Protection Act works to protect individuals and the information that is collected about them?

• Know the policy and practice of my organisation to ensure the safe storage of personal information?

• Know how good practice in data protection affects my work as a CLD practitioner?

• Ensure that principles of confidentiality are respected within my CLD practice?

• Know where to find out more about the Data Protection Act and the implications for my practice?