Talent and Crew Supplementary Privacy Notice
1. What is “personal data” and “processing”
“personal data” is information relating to you (or from which you may be identified) which is processed by automatic means or which is (or is intended to be) part of a structured manual filing system. It includes not only facts about you, but also intentions and opinions about you.
Data “processed automatically” includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device. It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV. It also covers video, audio and images captured as part of a production.
“processing” means doing anything with the data, for example, it includes collecting it, holding it, disclosing it and deleting it.
Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by EU privacy law to be “sensitive personal data”.
References in the Cast, Crew and Talent Privacy Notice to work or services (and similar expressions) include any arrangement we may have under which an individual provides us services in relation to a production. We use the word “you” to refer to anyone within the scope of the notice.
2. Legal grounds for processing personal data
Under data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.
|Term||Ground for processing||Explanation|
|Contract||Processing necessary for performance of a contract with you or to take steps at your request to enter a contract||This covers carrying out our contractual duties and exercising our contractual rights.|
|Legal obligation||Processing necessary to comply with our legal obligations||Ensuring we perform our legal and regulatory obligations. For example, providing a safe place of work and avoiding unlawful discrimination.|
|Legitimate Interests||Processing necessary for our or a third party’s legitimate interests||We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data.
Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms.
|Consent||You have given specific consent to processing your data||In general processing of your data in connection with the services you provide is not conditional on your consent, although there may be general exceptions to this.|
3. Processing sensitive personal data
If we process sensitive personal data about you, as well as ensuring that one of the grounds for processing mentioned above applies, we will make sure that one or more of the grounds for processing sensitive personal data applies. In outline, these include:
- processing being necessary for the purposes of your or our obligations and rights in relation to your engagement in so far as it is authorised by law or collective agreement;
- processing relating to data about you that you have made public (e.g. if you tell us you are ill);
- processing being necessary for the purpose of establishing, making or defending legal claims;
- processing being necessary for provision of health care or treatment, medical diagnosis, and assessment of your working capacity; and
- processing for equality and diversity purposes to the extent permitted by law.
4. Further information on the data we process and purposes
The Core Notice outlines the purposes for which we process your personal data. More specific information on these, examples of the data and the grounds on which we process data are in the table below.
The examples in the table cannot, of course, be exhaustive. For example, although the table does not mention data relating to criminal offences, if we were to find out that someone working for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes. We may also require criminal background checks for certain roles – for example those working with minors.
|Purpose||Examples of personal data that may be processed||Grounds for processing|
|Engagement||Information concerning your application to work on our productions and our assessment of it, your references, any checks we may make to verify information provided or background checks and any information connected with your right to work. If relevant, we may also process information concerning your health, any disability and in connection with any adjustments to working arrangements.||Contract
|Your contract including entering it, performing it and changing it||Information on your terms of engagement from time to time including your role, the duration of your contract and your remuneration.||Contract
|Contacting you or others on your behalf||Your address and phone number, emergency contact information and information on your next of kin.||Contract
|Payroll administration||Information on your bank account, pension contributions and on tax and national insurance (if applicable). Information on attendance and absences.||Contract
|Financial planning and budgeting||Information relating to your remuneration.||Legitimate interests|
|Enabling the creation, sale and distribution / broadcast of a production you are working on||Information connected with your role including (if applicable) records of documents and emails created by or relating to you and information on your use of our systems including computers, laptops or other device.
If you have an on-screen or voiceover role this will likely involve processing images / video / audio of you.
Information relating to your compliance with our policies.
|Changing or ending your working arrangements||Information connected with anything that may affect your continuing engagement or the terms on which you are engaged including any proposal to change the scope of your role, to change your remuneration or to end your contract.||Contract
|Physical and system security||CCTV images. Records of use of swipe and similar entry cards.
Records of your use of our systems including computers, phones and other devices and passwords (if applicable).
|Providing references in connection with your seeking new work on other productions||Information on your working for us and on your performance.||Consent
|Providing information to third parties in connection with transactions that we contemplate or carry out||Information on your contract and remuneration in relation to a given production may be required by a party to a transaction such as a prospective outsourcer.||Legitimate interests|
|Monitoring of diversity and equal opportunities||Information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, disability and age as part of diversity monitoring initiatives. Such data will be aggregated and used for equality of opportunity monitoring purposes. Please note we may share aggregated and anonymised diversity statistics with regulators if formally required / requested.||Legitimate interests|
|Monitoring and investigating compliance with policies and rules – both generally and specifically||We expect our persons whom we engage to comply with our policies and rules and may monitor our systems to check compliance (.e.g. rules on accessing pornography in work or on set). We may also have specific concerns about compliance and check system and other data to look into those concerns (e.g. log in records, records of usage and emails and documents, CCTV images).||Legitimate interests|
|Disputes and legal proceedings||Any information relevant or potentially relevant to a dispute or legal proceeding affecting us.||Legitimate interests
|Day to day business operations including marketing and travel on our behalf||Information relating to the work you do for us and your role on a production. This may include a picture or profile of you.
Information regarding your travel arrangements and location.
|Maintaining appropriate business records during and after your contract with us ends||Information relating to your contract and anything you do whilst engaged by us.||Contract
Please note that owing to the fact that you are appearing in one of programmes, on some occasions we or third parties will rely upon exemptions to data protection rules in relation to journalistic freedom, the right to artistic expression or more generally, the right to freedom of expression (as mentioned in article 85 of the General Data Protection Regulation and in various jurisdictions’ data protection rules, for example in the UK’s Data Protection Bill section on the exemption for ‘journalistic, academic, artistic or literary purposes’.
5. Where data comes from
When you start working on one of our productions, the initial data about you that we process is likely to come from you: for example, contact details, bank details and information on your immigration status and whether you can lawfully work. We may also require references and information to carry out background checks (see above).
In the course of your engagement, we may receive personal data relating to you from others. For example, personal data may be derived from managers and employees of ours (for example those involved in the production you are working on) or our IT systems.
6. Who gets to see your data?
Internal use: Your personal data may be disclosed to our employees working on your production, as well as to our managers and administrators for production, broadcasting, distribution, marketing, administrative and management purposes as mentioned in this document. We may also disclose this to other members of our group.
External use: We will only disclose your personal data outside the group if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you. We may disclose your data if it is necessary for our legitimate interests as an organisation or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy). We may also disclose your personal data if you consent, where we are required to do so by law and in connection with criminal or regulatory investigations.
Specific circumstances in which your personal data may be disclosed include:
- disclosure to organisations that process data on our behalf such as our payroll service, insurers, our bank and organisations that host our IT systems and data;
- disclosure to external recipients of electronic communications (such as emails) which contain your personal data;
- disclosure to broadcasters and distributors of our programmes;
- disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request; and
- if you have an on-screen role, disclosure of footage, images, or audio recordings of you as part of the broadcasting, distribution and marketing of the production. Or, whether you have an on-screen or off-screen role, to allow us to credit your role.
7. Retaining your personal data- more information
Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes. In general, we will keep your personal data for the duration of your contract and for a period afterwards. In considering how long to keep it, we will take into account its relevance to our business and your engagement either as a record or in the event of a legal claim.
If your data is only useful for a short period (for example, CCTV), we may delete it. Personal data relating to job applicants (other than the person who is successful) will normally be deleted within 24 months.
Some data, such as production footage itself and credit information, will be kept indefinitely as we have an ongoing legitimate interest in retaining the product.
8. Transfers of personal data outside of the EEA- more information
In connection with our business and for production, broadcasting, distribution, administrative, management, marketing and legal purposes, we may transfer your personal data outside the EEA to members of our group, data processors and other data controllers in other jurisdictions. Some of our systems are hosted in the US. We will ensure that any transfer is lawful and that there are appropriate security arrangements
9. Access to your personal data and other rights
We try to be as open as we reasonably can about personal data that we process. If you would like specific information, just ask us.
You also have a legal right to make a “subject access request”. If you exercise this right and we hold personal data about you, we are required to provide you with information on it, including:
- giving you a description and copy of the personal data; and
- telling you why we are processing it
If you make a subject access request and there is any question about who you are, we may require you to provide information from which we can satisfy ourselves as to your identity.
As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted. If you have provided us with data about yourself (for example your address or bank details), you have the right to be given the data in machine readable format for transmitting to another data controller. This only applies if the ground for processing is Consent or Contract.
If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent
If you have complaints relating to our processing of your personal data, you should raise these with your key contact at the production in the first instance or with the Information Officer. You may also raise complaints with your statutory regulator. For contact and other details ask your key contact at the production.
11. Status of this notice
This notice does not form part of your contract and does not create contractual rights or obligations. It may be amended by us at any time.