Privacy Notice - Data Protection Act 2018
Privacy Notice (How we use pupil information)
Under data protection law, individuals have a right to be informed about how we use any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ to individuals where we are processing their personal data, and by having a Data Protection Policy.
This notice explains how we collect, store and use personal data about our pupils. We, [SCHOOL NAME] are the data controller for the purposes of data protection law. Our school has an appointed Data Protection Officer, whose role is to oversee and monitor the school’s data protection procedures, and to ensure that the school is compliant with data protection laws (Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
The categories of pupil information that we process include:
- personal identifiers and contacts (such as name, unique pupil number, contact details and address)
- characteristics (such as ethnicity, language, and free school meal eligibility)
- safeguarding information (such as court orders and professional involvement)
- special educational needs (including the needs and ranking)
- medical and administration (such as doctors information, child health, dental health, allergies, medication and dietary requirements)
- attendance (such as sessions attended, number of absences, absence reasons and any previous schools attended)
- assessment and attainment (such as key stage 1 and phonics results, post 16 courses enrolled for and any relevant results)
- behavioural information (such as exclusions and any relevant alternative provision put in place)
- episodes of being a child in need (such as referral information, assessment information, Section 47 information, Initial Child Protection information and Child Protection Plan information)
- episodes of being looked after (such as important dates, information on placements)
- outcomes for looked after children (such as whether health and dental assessments are up to date, strengths and difficulties questionnaire scores and offending)
- adoptions (such as dates of key court orders and decisions)
- care leavers (such as their activity and what type of accommodation they have)
- financial data (such as bank account or credit card details, eligibility for free school meals or other financial assistance)
- grant information (such as eligibility for pupil premium service)
- visual imagery (such as video and photography images used by the school to promote the school and any school activities e.g. school sports day)
This list is not exhaustive, a detailed list of categories of information we process is recorded on the schools Information Asset Register.
Why we collect and use this information
We collect and use pupil information, for the following purposes:
a) to support pupil learning
b) support Children in Need and Looked After Children and monitor their progress
c) to monitor and report on pupil attainment progress
d) to provide appropriate pastoral care
e) to assess the quality of our services
f) to keep children safe (food allergies, or emergency contact details)
g) to meet the statutory duties placed upon us by the Department for Education
h) evaluate and improve our policies
Under data protection laws, the main lawful bases we rely on for processing pupil information are:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for compliance with a legal obligation to which the controller is subject; and
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In addition the legal basis for processing any special categories information is:
- processing is necessary for reasons of substantial public interest,
- the data subject has given explicit consent to the processing of those personal data for one or more specified purposes,
We collect and use pupil information as we have a legal obligation under the Education Act 1996 because we are providing a public service. Data processed is special category data from the GDPR-from 25 May 2018.
This information can be found in the census guide documents on the following website https://www.gov.uk/education/data-collection-and-censuses-for-schools
How we collect pupil information
We collect pupil information throughout a pupil’s time at school, but in particular from the pupil registration from when they start at the school. We may also obtain information from third parties such as their previous school, by Common Transfer File.
Pupil data is essential for the schools’ operational use. Whilst the majority of pupil information you provide to us is mandatory, some of it requested on a voluntary basis. In order to comply with data protection laws, we will inform you at the point of collection, whether you are required to provide certain pupil information to us or if you have a choice in this and we will tell you what you need to do if you do not want to share this information with us.
How we store pupil data
We hold pupil data securely for the set amount of time shown in our data retention schedule. For more information on our data retention schedule and how we keep your data safe, please visit [link to website] or contact our Data Protection Officer.
Who we share pupil information with
We routinely share pupil information with:
- local authorities
- youth support services (pupils aged 13+)
- the Department for Education (DfE)
- Your family and representatives
- Educators and examining bodies
- Our regulator Ofsted (the organisation or “watchdog” that supervises us)
- Suppliers and service providers – so that they can provide the services we have contracted them for eg school meals
- Financial organisations
- Central and local government
- Our auditors
- Survey and research organisations
- Health authorities
- Security organisations
- Health and social welfare organisations
- Professional advisers and consultants
- Charities and voluntary organisations
- Police forces, courts, tribunals
- Professional bodies
- School Clubs
Department for Education
The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about our pupils with the Department for Education (DfE) either directly or via our local authority for the purpose of those data collections, under:
Section 537A of the Education Act 1996 and Regulation 6 (d) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Registrations 2009.
Section 47 of the Statistics and Registration Service Act 2007 and the Statistics and Registration Service Act 2007 (Disclosure of Pupil Information) (England) Regulations 2009.
Section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.
We share children in need and children looked after data with the Department on a statutory basis, under Section 83 of 1989 Children’s Act, Section 7 of the Young People’s Act 2008 and also under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.
All data is transferred securely and held by DfE under a combination of software and hardware controls which meet the current government security policy framework.
For more information, please see ‘How Government uses your data’ section.
We may be required to share information about our pupils with the local authority to ensure that they can conduct their statutory duties under
- the Schools Admission Code, including conducting Fair Access Panels.
Requesting access to your personal data
Parents and pupils have the right to request access to information about them that we hold. To make a request for your personal information, or be given access to your child’s educational record, contact the School’s Data Protection Officer.
Depending on the lawful basis above, you may also have the right to:
- object to processing of personal data that is likely to cause, or is causing, damage or distress
- prevent processing for the purpose of direct marketing
- object to decisions being taken by automated means
- in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
- a right to seek redress, either through the ICO, or through the courts
If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/
For further information on how to request access to personal information held centrally by DfE, please see the ‘How Government uses your data’ section of this notice.
Withdrawal of consent and the right to lodge a complaint
Where we are processing your personal data with your consent, you have the right to withdraw that consent. If you change your mind, or you are unhappy with our use of your personal data, please let us know by contacting the School’s Data Protection Officer at email@example.com
We may need to update this privacy notice periodically so we recommend that you revisit this information from time to time. This version was last updated on 25/02/2020.
If you would like to discuss anything in this privacy notice, please contact:
Anne Tennison (Data Protection Officer) – 01964 542474
Mrs Anne Tennison
Data Protection OfficerLeven.firstname.lastname@example.org