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GDPR and audition feedback


KeepDancing!!

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It just struck me today (having had yet another GDPR related discussion at work) are there any implications for this with the whole thorny issue of audition feedback from dance schools? If they hold the data/information relating to an auditionee are they now liable to hand that over upon request or be in breach of GDPR??

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Interesting point KeepDancing. Do subjective observations recorded during an audition constitute ‘personal data’? I think they should.

 

Definition

In short, right of access means data controllers are required to provide data subjects a copy of their processed personal data upon request.

Article 12 introduces the concept (all emphasis added unless otherwise stated):

The controller shall take appropriate measures to provide any information […] relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child.

What Shall Be Provided

Article 15 outlines the right of access in greater detail. First and foremost, data subjects have the right to confirm if controllers in fact process their personal data. Should the answer be yes, subjects may then request the following:

  1. A copy of the personal data undergoing processing
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The GDPR only applies if someone can be identified personally.  Therefore if a school uses candidate numbers and all audition notes etc are made under that number by the panel with just the end result (yes, no, reserve) transferred across to the actual applicant records before being destroyed then you are not entitled to that data.  My guess is that schools will bring in that kind of system if they don't already.

 

 

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56 minutes ago, Picturesinthefirelight said:

The GDPR only applies if someone can be identified personally.  Therefore if a school uses candidate numbers and all audition notes etc are made under that number by the panel with just the end result (yes, no, reserve) transferred across to the actual applicant records before being destroyed then you are not entitled to that data.  My guess is that schools will bring in that kind of system if they don't already.

 

 

 

Surely they must keep the notes for a while, between prelims and finals and after finals at least in the case of the reserves. Having notes filed under ‘number 27’ which is cross-referenced to a separate file with actual applicant details is pretty much the same thing as having everything in one folder. 

 

I expect there are GDPR experts out there now who sell their services to help companies find and exploit loopholes and otherwise cover themselves! 

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Well I asked dh this question tonight as there have been lots of meetings at his school about GDPR & it was something he had never thought about. The look on his face was quite a picture as he realised the implications. 

 

Notes are handed in from the various panel members at his school & compiled over a discussion meeting where candidates are ranked. What happens afterwards he doesn’t know but no panel member is allowed to retain audition notes.  He was only involved in degree audition discussions this year not diploma due to conflict of interest but I think the process is similar. 

 

So this could be a can of worms about to be opened. 

 

As an aside i appear to have geen given the unenviable task of Data Controller at my workplace & it’s a blooming nightmare. 

 

 

Edited by Picturesinthefirelight
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A blooming nightmare it is indeed.  People are starting to think of implications which were probably never conceived of because people didn't think in enough detail about the practical aspects.  I'm still trying to work out whether there's a difference between "holding" data and "processing" it, because I arguably do the former but not the latter.  There are loads of people out there willing to act as GDPR advisers, but I do wonder really just how much some of them know, because I've sat through various webinars and so on and still am not really any the wiser about how any of it pertains to me and my business - nothing seems relevant.

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Yes. One of the things that struck me is that anything including an email with the name of the person in can be requested as personal data, although names of anyone else who could be identified would have to be redacted before it was sent out. This would be an absolute administrative nightmare. 

In terms of the auditions thing, they must have a way of keeping records of people at least for some time, not just as numbers, because they can offer reserve places quite some time after auditions take place. Also, currently people do ask via their dance teachers for feedback from JA or MA auditions, so the data must be kept with a name on it.

 

Realistically if they haven't done anything regarding this by the deadline in May anyone could demand all their data from auditions, couldn't they??

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https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/what-is-the-legitimate-interests-basis/

 

There was a letter in the Telegraph a few days ago from someone who runs a small charity saying that there is an allowance for "legitimate use".  I think this may well apply in many cases, and hopefully common sense will win the day.  A quick search on line found this.

Edited by Pas de Quatre
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I think there will be a lot of unintended consequences from this. I'm on the committees of the sports clubs my son belongs to and the relevant national bodies are bombarding us with info and it's causing a lot of anxiety. It's hard enough as it is to get enough adults to volunteer to keep things running, and anything that is seen as an additional burden is likely to make matters worse.

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1 hour ago, Pas de Quatre said:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/what-is-the-legitimate-interests-basis/

 

There was a letter in the Telegraph a few days ago from someone who runs a small charity saying that there is an allowance for "legitimate use".  I think this may well apply in many cases, and hopefully common sense will win the day.  A quick search on line found this.

 

I think legitimate interest relates to the being able to retain and process the data though, not the right to make an access request.  There is a specific exemption for subject access requests that would involve examination results being given out before their official release date.

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On 27/04/2018 at 12:32, Pups_mum said:

I think there will be a lot of unintended consequences from this. I'm on the committees of the sports clubs my son belongs to and the relevant national bodies are bombarding us with info and it's causing a lot of anxiety.

 

Might that be covered by leisure purposes, or whatever the phrase is?

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