Adult Education and Workzone Privacy Notice
This Privacy notice is issued by Cheshire West and Chester Council’s Skills and Employment team to inform their learners/customers how their personal information will be collected, used and kept safely in line with new General Data Protection Regulations 2018.
In line with new Data Protection Regulations, the Senior Manager for Economic Growth is the Data Controller for personal information processed by the Skills and Employment team including Work Zones. For learner data passed to the Education and Skills Funding Agency under our Adult Education contract, the Department for Education (DfE) is the Data Controller.
Why do we Collect your Personal Data?
Your personal information is used by the council’s Skills and Employment team to exercise its functions, ensure eligibility for provision, secure funding, register learners for qualifications with awarding bodies, and to update the Individual Learner Record (ILR) as per our contract with the ESFA (an executive agency of DfE).
Our Legal Basis for Collecting Data
The lawful basis for processing your data is ‘public task’ as the council’s Skills and Employment team are fulfilling contracts from the Department for Education relating to relevant education and skills legislation.
Sharing Your Data
Your information may be shared with third parties for education, training, employment and wellbeing-related purposes, including for research. This will only take place where the law allows it and the sharing is in compliance with data protection legislation. For example, the Work Zone, the Department for Education, the European Social fund (ESF) Managing Authority or their agents may contact you to find out what impact your learning and/or participation in our service has had on you. We may also share your data with prospective employers or training organisations in the interest of helping you to positively progress.
How We Protect Your Personal Data
We have an Information Security Policy in place covering all customer/learner data collected by ourselves and our sub-contracted learning provider partners. Learner/customer records are always stored in secure environments and can only be accessed by eligible staff.
Whenever we collect or process your personal data, we’ll only keep it for as long as necessary for the purpose for which it was collected. For learners on DfE funded provision, your personal information will be stored securely for up to 14 years (due to compliance with European Union funding requirements) but may be destroyed before this point if there is no further need to hold the information.
Your Rights over your Personal Data
• Access to the personal data we hold about you
• The correction of personal data when incorrect, out of date or incomplete
• The right to object to the use of your data
Further information about use of and access to your personal data, and details of organisations with whom we regularly share data are available at:
Processing, Personal Data and Data Subjects
Subject matter of the Processing
The subject matter is the personal data of Learners on education or training programmes administered by the ESFA that are subject to this Agreement as defined in the ESFA privacy notice and ILR specification and its appendices.
Duration of the Processing
The duration of the Processing covers the academic year data returns to the ESFA as defined in Appendix A of the ILR specification to enable funding and audit of the learning programmes defined in this Agreement.
Nature and purposes of the Processing
The nature and purposes of the processing is defined in the ESFA privacy notice.
The processor will be required to submit the data to the ESFA as set out in Clause 12 Data Collection of the Conditions of Funding (Grant).
Type of personal data
The personal data to be processed is defined in the ILR specification.
Categories of data subject
The data subjects are Learners on education or training programmes administered by the ESFA that are subject to this Agreement. Contract Number: ESFA-10246
Retention and destruction of the data once the processing is complete UNLESS requirement under union or member state law to preserve that type of data
Information on how the data must be supplied to the ESFA is detailed in the ILR specification and its appendices.
For the purposes of the DfE as a data controller of the data, providers are required to retain the data for the funding and audit purposes set out in this Agreement for 6 years from the end of the financial year in which the last payment is made under the Conditions of Funding (Grant).
For the purposes of the Department for Work & Pensions as a data controller, where Learner data is used as match on the 2007-13 ESF programme, the data must be retained securely until at least 31 December 2022 and where Learner data is used as match on the 2014-20 ESF programme, the data must be retained securely until 31st December 2030.
The Body (and any other data controller) is responsible for determining any further need to process the data, including its retention, prior to secure destruction.