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New Data Protection Laws - GDPR - will affect us all. Here’s some help

Data Protection GDPR

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#1 aje

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Posted 15 March 2018 - 17:04

How many are aware that as private teachers - who process students' personal information and share it on an ABRSM exam entry, for example - we must comply with new data protection regulations which come into effect from May 28th, and may need to register with the ICO?
Liz Giannopoulos has helpfully compiled a document which outlines - from a piano teacher’s perspective - what we need to do in order to continue operating legally when the new legislation takes effect. You can download her article free, here:
https://pianodao.com...s-perspective/
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#2 Bagpuss

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Posted 15 March 2018 - 17:20

I spoke to the MU about this and am awaiting their official line on it.

Frankly I think the world has gone mad.

BPx


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#3 sbhoa

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Posted 15 March 2018 - 17:38

I'm already confused. Try

ing the self assessment thing and don't know the answers to some of the questions. 

For number 5 I'd say that  "domestic or recreational reasons (ie information relating to a hobby);" was the answer but is it?

If not I'm stuck on number 7.   I don't have their bank details, they have mine so am I using details for accountancy and auditing? Does it come under education? Do I also tick social if I have a Facebook business page?

From the answers I think are correct it says I don't need to register.

 

I wonder whether this will move some teachers like me with only a handful of students to stop teaching as smoe did when self assessment tax came in. It doesn't take me too long but it's already a nuisance to have to fill in a tax return when my maximum earnings would be less than £3000 at full capacity.


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#4 sbhoa

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Posted 15 March 2018 - 18:44

 

For number 5 I'd say that  "domestic or recreational reasons (ie information relating to a hobby);" was the answer but is it?

If not I'm stuck on number 7.   I don't have their bank details, they have mine so am I using details for accountancy and auditing? Does it come under education? Do I also tick social if I have a Facebook business page?

From the answers I think are correct it says I don't need to register.

 

I believe that in Q5 the answer is “No”, because although music lessons may be a “hobby” for our clients, for us they aren’t our hobby - they our business/work.

 

Q7 is, I think, badly formatted because it seems only possible to tick one option, even though several apply.

To be specific about the accounting, if you produce your accounts on the computer, and your accounts name the student who paid you, then yes this applies, because it is information about that person in which they are identifiable. That said, the most obvious answer to Q7 is, for me anyway, “Education”.

 

With those answers to Q5 and Q7 the verdict is, unfortunately, yes we have to register. And I believe it costs £35.00 to do so ...

 

I don't have accounting records online, no need with my small numbers.

The only things I have that might count are phone numbers and email purely so that I can contact people if necessary and my Facebook page.

I use first names only on the Facebook page and the only photo that can be indentified was posted at the parent and child's request (the child is 13) and I can remove that or even take down the page.

 

Are phone numbers and emails included as personal information?

If so I can just become less efficient and delete them. Just means I have to have a paper list on me or not be able to contact anyone if I'm out and unable to get home for their lesson.

 

My small earnings allow me to pay for my own lessons and save just enough to not have to ask my husband every time i want something that costs more than about £50 in any one month.


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#5 Hildegard

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Posted 15 March 2018 - 18:49

How does all of this tie in with Regulation 30/5 of the General Data Protection Regulation, which states that the key parts of the regulations "shall not apply to an enterprise or an organisation employing fewer than 250 persons unless the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data as referred to in Article 9(1)?

 

Articlle 9(1) prohibits the processing of 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 s.e.x life or sexual orientation.

 

I can see how this would apply to our larger music colleges, but to individual teachers ?crying.gif


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#6 aje

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Posted 15 March 2018 - 18:58

Very good question, and I’ve passed it on to the author of the article!

From my own observation, it looks to me that 30/5 refers only to 30/1 and 30/2, which have to do with internal procedures of data management within a larger organisation. So 30/5 isn’t exempting smaller businesses from the whole of the rest of the stuff… 


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#7 aje

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Posted 15 March 2018 - 19:00

Liz has replied with:

"According to the ICO the legislation applies to all businesses, even sole traders, so although some of the more complex legislation won’t apply to us, the basics that I’ve covered will.

One of the benefits of registering is that we should receive more guidance on compliance."

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#8 sbhoa

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Posted 15 March 2018 - 19:08

I just can't find a straight list of what counts.

Not sure if it comes down to not having phone numbers saved on my phone.

 

So if I can't share the information required for exam entries what if I don't have that information on computer or phone?

If I don't have the information but ask parents/older students to complete that part of the form then they are sharing and not me.

I can't find if it's ok to have a basic paper record. 

 

Too much stuff to try to wade through and as with all government information sites and search for information turns up a load of irrelevant stuff and no plain answers. Anything I've found so far has answered nothing.

Education information is all related to schools and without someone telling me I'd never have considered myself to be an organisation anyway.


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#9 zwhe

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Posted 15 March 2018 - 19:13

I have a family member who deals with this, and it makes no difference what for the records take, they are covered by data protection - this would include my planning folder which has notes such as Bob needs to work on hand shape, and certainly my contact details which are kept on paper. I also record relevant medical issues such as asthma which falls under sensitive information. It looks like I have no choice but to register if I make notes and want to be able to contact pupils!


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#10 sbhoa

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Posted 15 March 2018 - 19:18

I have a family member who deals with this, and it makes no difference what for the records take, they are covered by data protection - this would include my planning folder which has notes such as Bob needs to work on hand shape, and certainly my contact details which are kept on paper. I also record relevant medical issues such as asthma which falls under sensitive information. It looks like I have no choice but to register if I make notes and want to be able to contact pupils!

So you can't have any contact details without registering and producing a privacy notice?


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#11 zwhe

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Posted 15 March 2018 - 19:22

It doesn't look like it. It really is a stupid system - what about people who only teach an hour or two a week? I guess the only other option is to just rely on your pupils not to report you!


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#12 sbhoa

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Posted 15 March 2018 - 19:29

It doesn't look like it. It really is a stupid system - what about people who only teach an hour or two a week? I guess the only other option is to just rely on your pupils not to report you!

Like me.... my maximum is 4 hours. 


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#13 ontheblackkeys

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Posted 15 March 2018 - 19:31

Really not happy about this, particularly the registering and having to pay part of it - it just seems like a good excuse to get people to part with their money.

 

If it wasn't for the fact that my husband is going part-time next month so that he can do a 1 year postgrad course, I would seriously be considering giving up at the end of  this academic year.  I don't currently have many pupils  - just over 5 hours worth - and I think this is going to be too much extra hassle.  I hope I'm wrong but I'm already resenting the enforced payment and registering.


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#14 sbhoa

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Posted 15 March 2018 - 19:41

Really not happy about this, particularly the registering and having to pay part of it - it just seems like a good excuse to get people to part with their money.

 

If it wasn't for the fact that my husband is going part-time next month so that he can do a 1 year postgrad course, I would seriously be considering giving up at the end of  this academic year.  I don't currently have many pupils  - just over 5 hours worth - and I think this is going to be too much extra hassle.  I hope I'm wrong but I'm already resenting the enforced payment and registering.

I'm with you on that but as I said above as a 'kept woman' this means I don't have to ask for everything I want.

I guess if all I have is name, address, phone number and possibly email for the purpose of contact only I don't need a lengthy policy document and I'll put up fees to pay for it.

Trouble is I'm already not able to find out exactly what I'm allowed to earn. The information is just not available.


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#15 maggiemay

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Posted 15 March 2018 - 19:41

A firm of up to 250 people counts as a small or medium sized enterprise.

Most music teachers fall into the category of ‘up to 10’ employees, - this is called a Micro-Business.

The Information Commissioners Office has an awareness campaign directed at Micro-Businesses.
Sorry if this has already been mentioned - not read whole thread yet.

I will post links to two web-pages on the ICO’s website.

https://ico.org.uk/a...protection-law/

https://ico.org.uk/f...siness/#Anchor1

With the second link, scroll down a little way if you ‘d like to do a self-assessment test.
It says it takes 5 minutes but it took me about 2.
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