|Date of Publication:
|18 January 2018
|First date of review
City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563. We reviewed this privacy notice in February 2024 and will continue to regularly review it.
CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).
This privacy notice tells you what to expect when we collect personal information about you. It applies to our York Learning services. York Learning is a post 16 education and training provider. The funding used to provide this education and training comes from a variety of sources as indicated by the following:
- Education Skills and Funding Agency (ESFA)
- European Social Fund (ESF)
Job Fairs are run by York Learning and Job Centre Plus, and funded by City of York Council. These bring together employers and job seekers from York and the surrounding area. To find out more please see York Jobs Fair – City of York Council
CYC is the controller for this information unless we specifically state otherwise in this privacy notice.
You can contact the council’s Data Protection Officer at firstname.lastname@example.org or 01904 554145, or write to:
Data Protection Officer
City of York Council
This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.
When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.
- How we collect your information
- What personal data we process and why
- Automated decision making
- Collecting information automatically
- Childrens information
- Lawful basis for processing your personal data
- How long we keep your personal data
- Data sharing
- Data processors and/or third parties
- Transfers of personal data
- How we protect your information
- Your rights in relation to this processing
How do we get your information
We will get your information from one or more of the following sources:
- directly from you
- from Education Health and Care Plans (EHCP) and other relevant reports from medical or therapeutic professionals – usually this data would be supplied by a Special Educational Needs Team within the relevant local authority, the learner, or their family
- a Specialist Careers Adviser or other supporting professional such as a Social Worker.
- directly from you when you register for a job fair or event
- directly from you if you are taking part in surveys, feedback, or consultation
What personal data we process and why
The type of information we will process about you will depend on what you are contacting us about e.g., as a learner, attending a job fair etc. This will include personal data and where required, special categories of personal data such as
- date of birth
- NINO (National Insurance Number)
- contact details such as phone or email
- Employer name
- employment status
- destination information
- prior attainment level
- health condition/ disability status
- Specific requirements such as accessibility
- Your photo and/or video and/or audio recording
- Your feedback, opinions etc
We use your information to provide appropriate learning that meets all learners needs including those with additional learning needs.
We are contractually required to process your information by ESFA and ESF (funding bodies) which means we are obliged to have this data as a prerequisite for you attending our learning provision. This is so both the council, and the funding bodies can meet their statutory responsibilities and exercise its functions. As part of this requirement. you may be contacted by the ESF Managing Authority, or its agents, to carry out research and evaluation on the effectiveness of the programme.
We may also share your information with a chosen subcontracted partner who proposes to provide the personalised learning, to ascertain whether they can meet your specific needs as a learner.
Some of our learning requires completing an electronic portfolio of assignments. We currently use Google sites for this and OneFile specifically for our apprenticeship programme only. This facility gives access to learners, their tutor and limited access to their employers (if they are an apprentice only) to complete assignments and to receive feedback. This site also monitors how often and when the site is visited by the learner and this information is available to tutors only during the lifetime of the course undertaken. All learners will be required to view a privacy notice from Google/OneFile as part of induction to Google Sites/OneFile, so they understand what personal data Google/OneFile is storing and how Google/OneFile is complying with data protection legislation.
We will also ask you for your consent to contact to find out your destination (e.g., whether you have moved on to a job or other learning) after your course has finished, you can withdraw you consent from this at any time by contacting email@example.com.
The information you supply is used by the Learning Records Service (LRS). The LRS issues Unique Learner Numbers (ULN) and creates Personal Learning records across England, Wales, and Northern Ireland, and is operated by the Education and Skills Funding Agency, an executive agency of the Department for Education (DfE).
The ULN is required to fulfil statutory requirements for administrations of services within the education and training sector. You cannot opt out of being issued with a ULN by the Learning Records Service.
However, you can opt-out of sharing your personal learning record (PLR). We will ask you for your consent to access this record, as without it we will need you to bring proof of prior achievement such as exam certificates as a prerequisite for gaining a place on a course.
As part of your enrolment process you may also be asked for your consent to be contacted by Tribal Group for other services they offer.
You may also be contacted through details on the separate privacy notice issued by the ESFA on the Individual Learner Record (ILR) you sign before you begin your course or on the link below.
Non learning activities
We will use your information when you request to attend York Jobs Fair either as an attendee or as an exhibitor. This includes contacting you about the event (e.g., timings, any changes etc) and if you are an exhibitor to collect any relevant fees or charges from you. We will share organisations names with Jobcentre Plus. Accessibility requirements and organisation names may need to be shared with the venue to help with planning.
All exhibitors will need to register on Eventbrite for our job fair(s) and you will be asked to pay the fees upfront.
As a learning provider we would like to make you aware from time to time about our other services. We will ask for your consent to contact you about these services through a clear opt in box for specific marketing services. This data will not be shared with or sold to third parties- all marketing contact about York Learning services will be conducted by York Learning.
Where you have indicated that you wish to attend one of our job fairs/events, we use your information to contact you about the event such as (timings/changes/any necessary information)
Where you have indicated that you wish to be on the contact list for future Job Fairs, events etc, you can withdraw your consent from this at any time by contacting firstname.lastname@example.org.
Where you have indicated that you wish to take part in our surveys/feedback or consultation either as a learner, non-learner or attendee or exhibitor at a job fair/event, you can withdraw you consent from this at anytime by contacting email@example.com.
We may also ask for your consent to take photographs or videos for celebrating your achievements of your work or as part of ongoing marketing and publicity such as promoting our job fairs/events etc, you can withdraw you consent from this at any time by contacting firstname.lastname@example.org.
Communications and online learning
Some of our learning is delivered using online meeting software and we use Zoom for this.
A very limited number of our curriculum areas, including but not limited to our Apprenticeship provision and our Projects delivery, use WhatsApp if this has been indicated as the preferred communication method of the learner.
Automated decision making
York Learning does not carry out any automated decision making.
Collecting information automatically
Please see our cookies page for further information about the information we collect automatically when you use our website.
Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.
Lawful basis for processing your personal data
Any personal data including special category data and criminal offence data that we process about individuals is done so in accordance with Article 6, 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018). These are:
- Article 6(1) (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
- Article 6(1)(b) Contract: the processing is necessary for a contract the council has with the individual, or because you have asked the council to take specific steps before entering into a contract.
- Article 6(1) (c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations).
- Article 6 (1) (e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
- Article 6(1)(f) Legitimate interests: the processing is necessary for the council’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
- Article 9(2)(a) your explicit consent
- Article 9(2)(b) Employment, social security, and social protection (if authorised by law)
- Article 9(2)(g) Reasons of substantial public interest (with a basis in law)
Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.
Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice
Our Appropriate Policy Document – City of York Council provides further information about this processing.
How long we keep your personal data
Personal data required as part of our legal obligations will either be retained until 31 December 2032 or for 6 years from the end of the financial year in which the last payment is made, depending on the regulatory framework associated with various funding streams. Personal data will be securely destroyed after the relevant retention period has elapsed. However, we will regularly review and minimise other records with the aim of partial or full deletion where possible. All data is archived both on site, and eventually off site within the following timeframes:
- Hard copy of Individual Learning Record (ILR), enrolment form and personal data associated with Adult Education Budget funded accredited classroom learning or Apprenticeship provision:
- Records relating to current learners and current leavers for the most up to date academic year are kept on site in a secure locked cabinet.
- Once learners have completed their programme their information will be archived in a secure area on site, then off site until 31 December 2033.
- Electronic version of Individual Learning Record (ILR) and enrolment form associated with ESF funded Adult Education Budget funded accredited classroom learning, or Apprenticeship provision:
- As part of ESFA/ ESF legal obligations, data is securely deleted when it is no longer required for the purposes collected.
- Hard copy of Individual Learning Record (ILR), enrolment form and personal data associated with Community Learning, Foundation Study programmes, and Advanced Learner Loans:
- Current learners and current leavers for the most up to date academic year on site in secure locked cabinet. Once learners have completed their programme their information will be archived in a secure area both on site, then off site for 6 years from the end of the financial year in which the last payment is made.
- Electronic copy of Individual Learning Record (ILR), enrolment form and personal data associated with Community Learning, Foundation Study programmes, and Advanced Learner Loans:
- Securely deleted after 6 years from the end of the financial year in which the last payment is made
Information will be shared internally in the council where appropriate to such as with the Skills Team.
As part of our contractual obligations, we will share your data with the following organisations and awarding bodies (please note the link to their privacy notices) where relevant to the learners’ accredited learning objectives:
- AAT www.aat.org.uk/get-myaat/privacy-policy
- Sage www.sagequalifications.com/Privacy
- Skillsfirst www.skillsfirst.co.uk/index.php?page=policies&url=data-protection-policy&id=680&type=Article
- ACE www.acecerts.co.uk/web/privacy-policy
- City and Guilds www.cityandguilds.com/learner-policy
- AQA www.aqa.org.uk/about-us/privacy-policy
- CPCAB www.cpcab.co.uk/public_docs/privacy_notice_template_guidance
- NOCN www.nocn.org.uk
- ILM https://www.i-l-m.com/privacy
- NCFE www.ncfe.org.uk/privacy-notice
- ASDAN: www.asdan.org.uk/privacy-statement/
- British Computer Society www.bcs.org
- Ascentis: www.ascentis.com/privacy-policy/
- CIH (Chartered Institute of Housing): www.cih.org/privacy-policy
- TQUK: https://www.tquk.org/privacy-policy/
In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information. We may also share information about you with third parties including our data processors, government agencies and external auditors. For example, we may share information about you with HMRC for the purpose of collecting tax and national insurance contributions.
We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision making.
Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.
Data processors and or third parties
Where we have third parties providing parts or all of our services for us, we have contracts or agreements in place with them. These are listed below
- Google: policies.google.com/privacy/update
- OneFile: Privacy Notice | OneFile
- Learning Records Service: https://www.gov.uk/government/publications/lrs-privacy-notices
- Tribal (EBS): https://www.tribalgroup.com/privacy-policy
- Microsoft: https://www.microsoft.com/en-us/trustcenter/privacy/; https://privacy.microsoft.com/en-gb/privacystatement
- Your Consortium Ltd: Website Privacy Notice | The National Lottery Community Fund (tnlcommunityfund.org.uk)
- Zoom: ZOOM PRIVACY STATEMENT – Zoom
Transfers of personal data
We do not routinely transfer personal data outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.
How we protect your information
We are committed to keeping your information safe and secure. There are several ways we do this, such as:
- IT security safeguards such as firewalls, encryption, and anti-virus software
- on-site security safeguards to protect physical files and electronic equipment
- training for all staff and elected councillors
- policies and procedures
Your rights in relation to this processing
To find out about your rights under Data Protection law, you can go to the Information Commissioners Office (ICO) https://ico.org.uk/for-the-public/
You can also find information about your rights at https://www.york.gov.uk/privacy
If you have any questions about this Privacy Notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us at email@example.com or 01904 554145, or write to the:
Data Protection Officer
City of York Council
For more information about how to access your Personal Learning Record, please refer to: https://www.gov.uk/government/publications/lrs-privacy-notices