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Disciplinary Regulations Privacy Notice

This Privacy Notice should be read in conjunction with the IET’s main Privacy Notice.

Members of the IET are expected to abide by the IET’s Rules of Conduct. Where allegations of breaches of those rules are received, those allegations are handled in accordance with the process set out in the IET’s Disciplinary Regulations. This Privacy Notice sets out how personal data will be managed by the IET in the course of the disciplinary process. For further information about the disciplinary process, you are referred to the Guidance on the IET’s Disciplinary.

Part A: Members, Complainants and Witnesses

The IET’s lawful basis for processing personal data is i) Article 6 (1) (f) UK GDPR - ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data’ and ii) Article 6 (1)(b) UK GDPR - 'necessary for the performance of a contract' (IET membership).

Where it is necessary to process criminal offence data, the IET will do so on the basis set out in Paragraph 33 of Schedule 1 of the Data Protection Act 2018, which is that the processing is ‘necessary for the purpose of obtaining legal advice or the purpose of establishing, exercising or defending legal rights’. 

Where it is necessary to process special category data, the IET will do so on the basis set out in Article 9(2)(f) UK GDPR, which is that ‘processing is necessary for the establishment, exercise or defence of legal claims’. 

The IET’s volunteers and advisors engaged in the disciplinary process are under a duty of confidentiality to the IET in respect of all information they receive. IET volunteers are also required to abide by the IET’s Volunteer Code of Conduct.  

Generally, the accused member will be informed of the identity of the complainant during the process unless:     

  • the complaint is made anonymously; or
  • it is likely that there is a risk to the rights and freedoms of the complainant. In this case, the IET will conduct appropriate analysis before continuing, and will notify the complainant of the outcome.

Even if the decision is made to withhold the identity of the complainant from the accused member, it may be such that the accused member can identify the complainant from the nature and details of the allegation and evidence provided.

The IET is mindful of the data protection principles, including the need for data minimisation, and before sharing personal data the IET will make any reasonable redactions to preserve the integrity of the information. 

The document below sets out the personal information that will be processed at each stage of the disciplinary process, and by whom. References to:

  • “IET staff” means those IET staff that need to know the information.
  • “Preliminary Investigation Panel” means the Preliminary Investigation Panel convened in accordance with Regulation 5 of the IET’s Disciplinary Regulations.
  • “Disciplinary Panel” means the Disciplinary Panel convened in accordance with Regulation 9 of the IET’s Disciplinary Regulations.
  • “Independent Reviewer” means the Independent Reviewer appointed in accordance with Regulation 18 of the IET’s Disciplinary Regulations.
  • “President” means the President of the IET. 
  • “Appeal Panel” means the Appeal Panel convened in accordance with Regulation 18 of the IET’s Disciplinary Regulations.

Part B: Volunteers

Definitions: 

In this section, the following definitions are used:

  • “Disciplinary Hearing Participants” means all or some of the following: the Disciplinary Panel, Presenter, Legal Assessor, witnesses, accused member’s advisors/representative and any other attendees at the hearing. 
  • “Appeal Participants” means all or some of the following: the Independent Reviewer, President, Appeal Panel, Presenter, Legal Assessor, witness, accused member’s advisor/representative.

Preliminary Investigation Board / Panel:

Your name and post nominals are published on the IET’s website to confirm you are a member of the Preliminary Investigation Committee. 

In the course of your volunteering role, your name and (in some cases) the documentation you produce (such as (but not limited to) the PIP1 Decision Notice and PIP2 Decision Notice, recording your decision) may be shared with:

  • the accused member and the complainant; 
  • authorised IET staff; 
  • the investigator;
  • if there is a hearing: the Disciplinary Hearing Participants;
  • if there is an appeal: the Appeal Participants;
  • the IET’s external legal counsel for the purpose of receiving advice.

Your personal data is processed under the lawful basis Article 6(1)(f) UK GDPR, as ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data’.

Disciplinary Board / Panel:

Your name and post nominals are published on the IET’s website to confirm you are a member of the Disciplinary Committee. 

In the course of your volunteering role, your name and (in some cases) the documentation you produce (such as (but not limited to) the Disciplinary Panel Decision Notice, recording your decision) will be shared with:

  • the accused member and the complainant;
  • authorised IET staff; 
  • the Disciplinary Hearing Participants;
  • if there is an appeal: the Appeal Participants;
  • the IET’s external legal counsel for the purpose of receiving advice.

Your personal data is processed under the lawful basis Article 6(1)(f) UK GDPR, as ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data’.

Independent Reviewer:

Your personal details (including name, email address and phone number) will be shared only with those IET staff members who oversee the member disciplinary process, the IET’s external legal counsel, and those who have a need to know the information.

In the course of your volunteering role, your name, post nominals, position as a member of another Professional Engineering Institution and the documentation you produce (such as the Independent Reviewer Decision Notice, recording your decision) will be shared with:

  • the accused member and complainant;
  • authorised IET staff; 
  • subject to the decisions made specifically within the consideration of the appeal and thereafter within the process generally as set out in the IET Disciplinary Regulations, the Preliminary Investigation Panel members, the Disciplinary Hearing Participants and the Appeal Participants;  
  • the IET’s external legal counsel for the purpose of receiving advice. 

In the event the IET receives a subject access request relating to information processed by you in the course of this role, the IET will only disclose your personal information where it is lawful to do so in the circumstances, and in accordance with the UK GDPR and Data Protection Act 2018.

Your personal data is processed under the lawful basis Article 6(1)(f) UK GDPR, as ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data’.

President

In the course of your volunteering role, your name and the documentation you produce (such as (but not limited to) the President Decision Notice, recording your decision) will be shared with:

  • the accused member and complaint; 
  • authorised IET staff; 
  • subject to the decisions made specifically within the consideration of the appeal and thereafter within the process generally as set out in the IET Disciplinary Regulations, the Disciplinary Hearing Participants and the Appeal Participants;  
  • the IET’s external legal counsel for the purpose of receiving advice. 

Your personal data is processed under the lawful basis Article 6 (1) (f) UK GDPR, as ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data’.

Appeal Panel Members

Your personal details (including name, email address and phone number) will be shared only with those IET staff members who oversee the member disciplinary process, the IET’s external legal counsel, and those who have a need to know the information.

In the course of your volunteering role, your name, post nominals, position as a member of another Professional Engineering Institution and the documentation you produce (such as the Appeal Panel Decision Notice, recording your decision) will be shared with:

  • the accused member and complainant;
  • authorised IET staff; 
  • the Appeal Participants;
  • the Disciplinary Panel members and the Preliminary Investigation Panel members; 
  • the IET’s external legal counsel for the purpose of receiving advice. 

In the event the IET receives a subject access request relating to information processed by you in the course of this role, the IET will only disclose your personal information where it is lawful to do so in the circumstances, and in accordance with the UK GDPR and Data Protection Act 2018.

Your personal data is processed under the lawful basis Article 6(1)(f) UK GDPR, as ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data’.

Part C: Retention of information

The IET’s legal team will retain all case papers in accordance with the following retention periods. Case papers includes (but is not limited to): decision notices / forms, reports, evidence, emails. 

All sanctions will remain on the accused member’s membership record indefinitely. Where the sanction is suspension or expulsion, it will be visible to all IET staff (without exception), all other sanctions will be visible by staff on a need to know basis.  

  

Stage of disciplinary process at which the case was concluded

Retention Period

Complaint Secretary – initial considerations

6 years from the conclusion of the stage

PIP1 Decision – where matter does not raise an issue of improper conduct worthy of further consideration

6 years from the conclusion of the stage

PIP2 Decision – where no further action

6 years from the conclusion of the stage

PIP2 Decision – where referring to another body of procedure

6 years from the conclusion of the stage

PIP2 Decision – where proposing ABAS

6 years from the time the accused member ceases to be an IET member

Disciplinary Panel Decision

For all sanctions except suspension or suspension – 6 years from the time the accused member ceases to be an IET member

For suspension – 6 years from the later of: i) the end of the suspension period; and ii) the time the accused member ceases to be an IET member

For expulsion – indefinitely

Independent Reviewer Decision (appeal against PIP1 decision)

6 years from the conclusion of the stage

Independent Reviewer Decision (appal against PIP1 decision)

6 years from the conclusion of the stage

Appeal Panel Decision

For all sanctions except suspension or suspension – 6 years from the time the accused member ceases to be an IET member

For suspension – 6 years from the later of: i) the end of the suspension period; and ii) the time the accused member ceases to be an IET member

For expulsion – indefinitely

Part D: Data Subject Access Rights

You have the right of erasure, the right to object, the right of rectification and the right of access to copies of the data we hold that relates to you. Not all of these rights are absolute, and there may be an exemption in the Data protection Act 2018 that applies.

If at any time you wish to exercise your rights or have a question or concern about how the IET processes personal data, please contact the IET Data Protection Officer at compliance@theiet.org.

Part E: Data Protection Complaints

You have the right to raise a complaint with the Information Commissioners Office (ICO), however we would be grateful for the opportunity to address your compliant in the first instance by contacting compliance@theiet.org.

If you are an EU resident, you may raise a complaint with the IET’s EU GDPR Representative – European Data Protection Office (EDPO). You can contact EDPO regarding matters pertaining to the GDPR by using EDPO’s online request form: https://edpo.com/gdpr-data-request/  or by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium.

If you are resident in India, you may contact the IET India Designated Grievance Officer at india@theiet.org.

If you are resident in China, you may contact china@theiet.org regarding any data rights requests or concerns relating to how the IET handles your personal information.