“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be by the information alone or in conjunction with any other information. The processing of personal data is governed by the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR) and other legislation relating to personal data and rights such as the Human Rights Act 1998.
This Privacy Notice is provided to you by Confidential Incident Reporting & Analysis Service Limited (“CIRAS”) which is the data controller for your data.
Whilst we and the other data controllers will take every effort to ensure your privacy, it may be possible to identify you from the information you provide to us or other third party information. The purpose of this notice is to inform you about how we will deal with your personal data in the event that you can be directly or indirectly identified. It may be possible to identify you if you are the next of kin, relative or associate of another person. Where you share with us personal data about a third party, you should first obtain their consent unless it is not possible to do so.
We also share personal data with the following data controllers:
- The Rail Safety Standards Board (“RSSB”); and
- Our suppliers
The organisations referred to above are joint data controllers. This means we are all responsible to you for how we process your data.
Each of the data controllers have their own tasks and a description of what data is processed and for what purpose is set out in this Privacy Notice. In the rest of this Privacy Notice, we use the word “we” to refer to each data controller, as appropriate.
What data do the data controllers listed above process? They will process some or all of the following where necessary to perform their tasks:
- Names, titles, and aliases, photographs;
- Contact details such as telephone numbers, addresses, and email addresses;
- Where relevant, or where you provide them to us, we may process demographic information such as gender, age, date of birth, marital status, nationality, education/work histories, academic/professional qualifications, family composition, and dependants;
- Where you provide this information, we may also process special categories of data or sensitive personal data. Processing this type of data will be rare but, for example, you may tell us details about an injury or disability.
2. How do we process your personal data?
We will comply with all legal obligations to keep personal data up to date; to store and destroy it securely; to not collect or retain excessive amounts of data; to keep personal data secure, and to protect personal data from loss, misuse, unauthorised access and disclosure and to ensure that appropriate technical measures are in place to protect personal data.
We use your personal data for some or all of the following purposes:
- To enable us to meet all legal and statutory obligations;
- To work with our members to improve health and safety through provision of a confidential reporting service and associated shared learning
- To maintain our own accounts and records (including staff records);
- To seek views or comments;
Where you provide personal data to raise a confidential report, this is never shared outside of CIRAS and its systems suppliers who are bound by confidentiality and data sharing agreements. If you provide this information through a web form, voicemail, text or postal form the original source is erased or shredded as soon as the data is captured within our single secure database. The operational copy of your personal data is erased six months after a report is closed but copies may be held in a secure archive.
3. What is the legal basis for processing your personal data?
Most of our data is processed because it is necessary for our legitimate interests, or the legitimate interests of a third party (such as another data controller). We will always take into account your interests, rights and freedoms.
Some of our processing is necessary for compliance with a legal obligation. For example, we are required maintain certain records by law such as health and safety records.
Where your information is used other than in accordance with one of these legal bases, we will inform you.
4. Sharing your personal data
Unless otherwise agreed your personal data will be treated as strictly confidential. It will only be shared with third parties where it is necessary for the performance of our tasks. It is likely that we will need to share your data with some or all of the following (but only where necessary):
- Our agents, servants and contractors. For example, we may ask a supplier to provide us with services
- Our members; and
- Government agencies, departments and other third party organisations such as British Transport Police.
5. How long do we keep your personal data?
We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is current best practice to keep financial records for a minimum period of 8 years. In general, we will endeavour to keep data only for as long as we need it. This means that we may delete it when it is no longer needed.
6. Your rights and your personal data
You have the following rights with respect to your personal data:
When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.
1. The right to access information we hold on you.
At any point you can contact us to request the information we hold on you as well as why we have that information, who has access to the information and where we obtained the information from. Once we have received your request we will respond within one month.
There are no fees or charges for the first request but additional requests for the same data may be subject to an administrative fee.
2. The right to correct and update the information we hold on you.
If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
3. The right to have your information erased.
If you feel that we should no longer be using your data or that we are illegally using your data, you can request that we erase the data we hold.
When we receive your request we will confirm whether the data has been deleted or the reason why it cannot be deleted (for example because we need it for our legitimate interests or regulatory purpose(s)).
4. The right to object to processing of your data.
You have the right to request that we stop processing your data. Upon receiving the request we will contact you and let you know if we are able to comply or if we have legitimate grounds to continue to process your data. Even after you exercise your right to object, we may continue to hold your data to comply with your other rights or to bring or defend legal claims.
5. The right to data portability.
You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
6. The right to withdraw your consent to the processing at any time for any processing of data to which consent was sought.
You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).
7. The right to object to the processing of personal data where applicable.
8. The right to lodge a complaint with the Information Commissioner’s Office.
7. Transfer of Data Abroad
Any electronic personal data transferred to countries or territories outside the EU will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website is also accessible from overseas so on occasion some personal data (for example in a newsletter) may be accessed from overseas.
8. Further processing
If we wish to use your personal data for a new purpose, not covered by this Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
9. Contact Details
Please contact us if you have any questions about this Privacy Notice or the information we hold about you or to exercise all relevant rights, queries or complaints at: The Data Protection Officer via firstname.lastname@example.org.
We have appointed IT Governance Europe Limited to act as our EU representative. If you wish to exercise your rights under the EU General Data Protection Regulation (EU GDPR), or have any queries in relation to your rights or general privacy matters, please email our Representative at email@example.com. Please ensure to include our company name in any correspondence you send to our Representative.
10. How to make a complaint
If you are unhappy with the way in which your personal data has been processed you may in the first instance contact the Data Protection Officer using the contact details: CIRAS enquiries 0203 142 5369 Email firstname.lastname@example.org.
If you remain dissatisfied then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: - The Information Commissioner, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF.
Telephone: Switchboard: 01625 545 700
Data Protection Help Line: 01625 545 745
Notification Line: 01625 545 740