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 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 Article 6 (1)(b) UK GDPR: necessary for the performance of a contract' (IET membership).

In the case it is necessary to process criminal offence data or special category data, the IET will only do so if it is lawful under an Article 6, 9 or 10 UK GDPR basis and a Schedule 1 condition Data Protection Act 2018, or a Data Protection Act 2018 exemption applies.

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, included the need for data minimisation, and will before sharing personal data 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. 

Part B: Volunteers

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 Board.

In the course of your volunteering role, your name and 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. It may also be shared with 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 Board.

In the course of your volunteering role, your name and 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, as well as the IET’s external legal assessor for the purpose of receiving advice. Your name (only) will also be shared with the complainant, witnesses and any other attendees at the hearing.

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 complainant and, subject to the decisions made within the consideration of the appeal (in accordance with the IET Disciplinary Regulations), the accused member and the Preliminary Investigation Panel members. It may also be shared with 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, as well as the IET’s external legal assessor for the purpose of receiving advice. It may also be shared as part of the Appeal Panel hearing bundle, and therefore all parties involved in the Appeal Panel hearing.

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 the Disciplinary Panel members and the Preliminary Investigation Panel members. It may also be shared with the IET’s external legal assessor 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 member’s membership record indefinitely. Where the sanction is suspension or expulsion, it will visible to all IET staff (without exception), all other sanctions will be visible by staff on a need to know basis..  

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@whtmy.com.

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@whtmy.com.

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: http://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@whtmy.com.

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