British Gymnastics Privacy Notice – Disclosure of Information to the Whyte Review
This privacy notice provides information about the disclosure of personal data by British Gymnastics (also referred to in this privacy notice as "we" or "us") to The Whyte Review (“TWR”) and explains the applicable rights under data protection legislation that apply to information about you that we provide to TWR.
If you have any questions or concerns about our use of your personal information for this purpose, then please contact our Data Protection Officer.
Data Protection Officer
Full details about how we obtain personal information about our members, including what we collect, the reason we collect it and how it is used, how long it is kept and the types of recipients and circumstances when it is shared is provided in the British Gymnastics membership privacy notice.
About the Whyte Review (TWR)
TWR is an independent review commissioned by Sport England and UK Sport following allegations about mistreatment within the sport of gymnastics.
TWR is investigating the nature and volume of complaints received by British Gymnastics in the period August 2008 – August 2020, including allegations of mistreatment, sexual, mental (emotional and neglect) and physical abuse, bullying, harassment and discrimination, the approach we have taken to resolve complaints, the reasons for any delays in complaints being raised, adherence to safeguarding and complaints procedures, and the culture and practices in British Gymnastics and our registered clubs.
It is necessary for British Gymnastics to provide safeguarding records, including the details of specific complaints to TWR. Information disclosed by British Gymnastics will be used by TWR in accordance with their terms of reference.
British Gymnastics interests in providing information to TWR
It is essential that our members, especially those who do raise concerns, but also those whose conduct is under question, feel they can trust us to follow up concerns in a fair, robust, and proportionate manner.
If the gymnastics community is not confident in our ability to respond appropriately to safeguarding concerns, this may mean that concerns are not reported to British Gymnastics and children in our sport may be placed at risk.
We are committed to supporting the review and learning and making improvements based TWR findings.
Personal data we need to disclose to TWR
British Gymnastics has been asked by TWR to provide the following records:
- a summary of all concerns raised relating to safeguarding, breaches of British Gymnastics rules and drug use/doping concerns received by British Gymnastics within the defined period;
- full case files for certain complaints identified by TWR;
- minutes and notes of case management meetings.
These records are likely to include your personal data if, within the defined period, you or a family member has:
- Reported a concern to British Gymnastics;
- Been the subject of a relevant concern reported to British Gymnastics;
- Provided information as part of an investigation e.g. a witness statement;
- Been involved in the case management process as a British Gymnastics employee or volunteer or as a representative of a registered, affiliated, partner or statutory organisation.
These records will include information such as:
- Names and contact details;
- Age/date of birth and sex
- Roles and role profile/job description
- Membership or employment status
- Details about the organisation you represent e.g. your club
- Qualifications, performance and training records
- Details of your experiences and opinions
- Details of the concerns, which could include sensitive data (also known as special categories of personal data) including information about your health (physical, mental health and disabilities), sexual orientation, race or ethnic origin and religion belief and criminal offences data (which includes information about unproven allegations and investigation)
- Details of the outcomes of concerns including disciplinary and appeals records and findings, sanctions imposed and the reason for decisions.
Purpose and lawful basis for processing
The lawful basis we rely on to share personal data with TWR is article 6(1)(f) of the UK GDPR, which allows personal data to be processed where it is necessary for our legitimate interests (or those of a third party), providing that these interests are not overridden by your interests and fundamental rights.
If the information we need to share includes special category data such as your health data or criminal offences data, we will rely on the following conditions set out in Schedule 1 of the Data Protection Act 2018:
- Paragraph 12: Compliance with regulatory requirements relating to unlawful acts and dishonesty etc;
- Paragraph 18:Safeguarding of children and individuals at risk; and
- Paragraph 28: Protecting the integrity of a sport,
Where appropriate, we may rely in Article 9(2)(a) of the UK GDPR and will disclose data to TWR with the explicit consent of the data subject.
How will my information be protected?
British Gymnastics and TWR have agreed an information sharing protocol that sets out the procedures that will be followed and the safeguards that will be put in place to ensure that the sharing of personal data between British Gymnastics and TWR complies with the UK data protection legislation.
We will take appropriate measures to protect your individual rights and freedoms including:
- Where adequate for the purpose of the Review, providing information to TWR without identifying individuals.
- Removing or redacting (blacking out) particularly sensitive information from case files where we do not consider it necessary, fair or proportionate to provide the information to TWR.
- Redacting any unnecessary information that relates to children (anyone under the age of 18 on the date the information is provided to TWR)
- Limiting access to information provided to TWR to those individuals who have a genuine reason to access the records.
- Ensuring all information is shared securely with TWR via a secure Online Data Room and without transferring the data outside the UK.
We will keep a record of all information that is disclosed to the TWR for one year after the publication of TWR final report.
What are your rights?
You have a right to access the personal data we hold about you. You also have a right to ask us to correct inaccurate or incomplete data, and for your personal data to be erased in certain circumstances.
As British Gymnastics is relying on legitimate interests to disclose information about you to TWR, you have the right to object to this use of your personal data. There are legitimate reasons why we may refuse your objection, which depend on the specific reasons for the objection and whether your objection outweigh British Gymnastics interests to share the information and the wider public interest in TWR receiving the information.
If you would like to exercise any of your rights, please contact our Data Protection Officer using the above contact details. For security purposes, we may need to ask you for information to verify your identity before we can deal with a request.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact the Information Commissioner's Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113. Email: Casework@ico.org.uk.
Changes to our privacy notices
We keep our privacy notices under regular review. First published on 22 March 2021 and revised notice published on 6 May 2021