Workforce Privacy Notice
How we use workforce 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 individual’s 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 individuals we employ, or otherwise engage, to work at our school. We, Leven CE (VC) Primary School 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 the (Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
The categories of school workforce information that we process
- personal information (such as name, employee or teacher number, national insurance number)
- characteristics information (such as gender, age, ethnic group)
- contract information (such as start date, hours worked, post, roles and salary information)
- work absence information (such as number of absences and reasons)
- qualifications (and, where relevant, subjects taught)
- performance information (such as appraisals and performance reviews)
- medical information (such as medical conditions and doctors information)financial or payroll information (such as bank details, pension information)
- maternity/paternity pay information
- criminal records information (including results of disclosure and barring service (DBS) checks)
This list is not exhaustive, to a detailed list access the current list of categories of information we process is recorded on the school’s Information Asset Register. Contact the DPO for a copy at email@example.com
Why we collect and use workforce information
We use workforce data to:
a) enable the development of a comprehensive picture of the workforce and how it is deployed
b) inform the development of recruitment and retention policies
c) enable individuals to be paid and ensure the correct calculation of tax, national insurance and pension contributions
d) liaise with pension providers via the Local Authority payroll service
e) assist employees with personal development and the development of the schools service
f) ensure the safety and wellbeing of our workforce and pupils
Under the General Data Protection Regulation (GDPR), the legal basis we rely on for processing personal information for general purposes include:
- 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 the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract and;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
In addition, the legal basis for processing any special categories information is:
- processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law
- the data subject has given explicit consent to the processing of those personal data for one or more specified purposes,
Collecting workforce information
We collect personal information from an employee application form and direct from the employee themselves on the start of their employment. We may also obtain information from a previous employer as well as regulatory authorities such as the local authority or HMRC.
Workforce data is essential for the school’s / local authority’s operational use. Whilst the majority of personal information you provide to us is mandatory, some of it is 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 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.
Storing workforce information
We hold 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, contact the DPO for a copy at firstname.lastname@example.org
Who we share workforce information with
We routinely share this information with:
- our local authority (where applicable)
- the Department for Education (DfE)
- our payroll provider
- pension schemes
- information may also be published to the school website – this will not include data of a sensitive nature
Why we share school workforce information
We do not share information about our workforce members with anyone without consent unless the law and our policies allow us to do so.
We are required to share information about our workforce members with our local authority (LA) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.
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 workforce with the Department for Education (DfE) for the purpose of those data collections.
We share personal data with the Department for Education (DfE) on a statutory basis. This data sharing underpins workforce policy monitoring, evaluation, and links to school funding, expenditure and the assessment for educational attainment.
We are required to share information about our school employees with the Department for Education (DfE) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.
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.
Requesting access to your personal data
Under data protection legislation, you have the right to request access to information about you that we hold. To make a request for your personal information, 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, we ask that you raise your concern with us in the first instance. Alternatively, you can contact 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 – 01964 542474
How Government uses your data
The workforce data that we lawfully share with the DfE through data collections:
- informs departmental policy on pay and the monitoring of the effectiveness and diversity of the school workforce
- links to school funding and expenditure
- supports ‘longer term’ research and monitoring of educational policy
Data collection requirements
To find out more about the data collection requirements placed on us by the Department for Education including the data that we share with them, go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.
Sharing by the Department
The Department may share information about school employees with third parties who promote the education or well-being of children or the effective deployment of school staff in England by:
- conducting research or analysis
- producing statistics
- providing information, advice or guidance
The Department has robust processes in place to ensure that the confidentiality of personal data is maintained and there are stringent controls in place regarding access to it and its use. Decisions on whether DfE releases personal data to third parties are subject to a strict approval process and based on a detailed assessment of:
- who is requesting the data
- the purpose for which it is required
- the level and sensitivity of data requested; and
- the arrangements in place to securely store and handle the data
To be granted access to school workforce information, organisations must comply with its strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.
How to find out what personal information DfE hold about you
Under the terms of the Data Protection Act 2018, you’re entitled to ask the Department:
- if they are processing your personal data
- for a description of the data they hold about you
- the reasons they’re holding it and any recipient it may be disclosed to
- for a copy of your personal data and any details of its source
If you want to see the personal data held about you by the Department, you should make a ‘subject access request’. Further information on how to do this can be found within the Department’s personal information charter that is published at the address below:
To contact the department: https://www.gov.uk/contact-dfe