IYMF – DATA PROTECTION POLICY


Legal Context

In 1995 the European Union (EU) released a Directive with regard to the protection of privacy, and more specifically the protection of information of a personal character (Directive 95/46/EC).

For the implementation of this directive, in 1998, Belgium amended its law of December 8, 1992 on Privacy Protection in relation to the Processing of Personal Data (see law of December 11, 1998), and the new law entered into force on 1st September 2001.

In addition to this law, EU approved furthermore a Directive on the protection of privacy in the electronic telecommunications sector (Directive 2002/58 EC), which is applicable in conjunction with the former directive.



IYMF – Data Protection Policy

The International Yehudi Menuhin Foundation (IYMF), in compliance with the above mentioned laws, adheres to the following policy with regard to any information of a personal character collected by the IYMF and appearing on the MUS-E Intranet or the Foundation’s website. All personal data and relating issues are submitted to Belgian law.



Definitions

For the purposes of this document and according to the Belgian law, these terms have following definitions:

Data Subject: An identified or identifiable natural person, about whom personal information is being processed.

Personal data: Any information relating to an identified or identifiable natural person.

Processing: Any operation performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, or otherwise making available, as well as blocking, erasure or destruction of personal data.

Controller: The natural or legal person who determines the purposes and means of the processing of personal data.

Recipient: Any natural or legal person to whom data are disclosed.

Consent of the data subject: Any freely given, specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed.



General Principles

Whenever a member of the IYMF, or any association within the MUS-E network, provides personal information for the records of the Foundation or to appear on the MUS-E Intranet or the Foundation’s website, the IYMF will treat that information in accordance with the following principles, aiming to protect its members and the members of the MUS-E network, and meet current Internet best practice:


1. Lawfulness and accuracy of data

2. Justification of processing

3. Transparency and Provision of all information to the data subject

4. Confidentiality and security of processing



1. Lawfulness and accuracy of data

All personal data processed by IYMF or any association within the MUS-E network shall be:

- processed fairly and lawfully; this means that they shall be processed in a fair, clear and reasonable manner, in conformity with the law
- collected for specified, explicit and legitimate purposes
- adequate, relevant and not excessive in relation to the purposes for which they are collected or further processed
- accurate and kept up to date to the IYMF’s best of knowledge
- kept for no longer than necessary for the purposes for which the data are collected

2. Justification of processing

Personal data shall only be processed:

a) if the data subject has unambiguously given his consent
b) if processing is necessary for the performance of a contract to which the data subject forms a party
c) if processing is necessary for compliance with a legal obligation of the IYMF

With regard to information concerning the cultural background of its members, and taking into account the commitment of the IYMF to combat racism and violence at schools, the IYMF, to the best of its knowledge and ability, shall not proceed to any processing without the prior explicit consent of the data subject.

3. Transparency and Provision of all information to the data subject

The IYMF shall provide the data subject, no later than the moment of reception of data, with the following information, so that the data subject can make an informed choice:

- name and contact details of the Foundation
- the purposes, means, duration, possible recipients of the processing
- the data subject’s right to oppose to the processing for serious and legitimate reasons
- the data subject’s right to access and correct, update or delete any personal information relating to himself, or have these data updated or deleted by the Foundation

4. Confidentiality and security of the processing

The IYMF, being responsible for the processing, the MUS-E Intranet and the Foundation’s website, undertakes the following obligations to the best of its knowledge:

- to pay attention with regard to the accuracy of the data, i.e. that they are frequently updated, corrected, or deleted if no longer necessary or irrelevant to the purposes of the processing
- to take the appropriate technical and organisational measures for protection against accidental or unauthorized destruction, loss or alteration of personal data
- to limit the access to this data to the number of employees of the Foundation necessary for the requirements of the processing,
- to inform all its employees, or any other person acting under its authority, about their obligations concerning the data protection policy

These measures shall ensure an appropriate level of security taking into account the state of the art in this field and the cost of implementing the measures on the one hand, and the nature of the data to be protected and the potential risks on the other hand.



Transfer of personal data to countries outside the European Community

The IYMF shall make every effort to ensure to the best of its knowledge that countries outside the EU, to which this information may be communicated through the World Wide Web or otherwise, maintain an adequate level of protection of personal data.



Rights of the data subject

If you are the subject of any information of a personal character submitted by yourself or a third person to the Foundation, you have the following rights:

1. To be informed of the name and contact details of the IYMF, which are as follows: International Yehudi Menuhin Foundation,
Chaussée de la Hulpe 61, 1180 – Brussels, Belgium
telephone: +32 2 673 35 04 - fax:+ 32 2 672 52 99 - e-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
2. To be informed of the specific purposes of the processing, and other additional information, such as the means used, the recipients of the data, whether or not a reply is obligatory etc.
3. To oppose to the submission of any personal data concerning you for serious and legitimate reasons
4. To access at any time your personal data
5. To correct your personal data, or have them rectified by the Foundation
6. To delete your personal data, or have them deleted by the Foundation
7. To request the prohibition of use of your personal data
8. To appeal to the court in case of your rights being violated
9. To apply to the Commission for the protection of privacy, based in Brussels, in order to ask for advice and exercise your rights



Commission for the protection of privacy

If you would like more information about the protection of personal data, or seek advice on how to exercise your rights, you can contact the Belgian authority responsible for the protection of private life.

Commission de la protection de la vie privée
Avenue de la Porte de Hal, 5-8
1060 Bruxelles
Belgium

Tel: + 32 (0)2 542 72 42 (FR); + 32 (0)2 542 72 30 (NL)
Fax: +32 (0)542 72 01
E-Mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Contact

For questions with regard to the protection of personal data or to exercise your rights, please contact the IYMF, by email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , or by phone at +32 2 673 35 04

Useful links

1. Belgian Commission for the Protection of Privacy (including all information in French & Flemish): http://www.privacy.fgov.be

2. EU legislation on Data Protection: Directive 95/46/EC and other documents: http://europa.eu.int/comm/internal_market/privacy/law_en.htm

International Yehudi Menuhin Foundation

May 2004