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Privacy Notice - Pupil Data

Privacy Notice – Pupil Data

Introduction

As a school we collect a significant amount of information about our pupils. This notice explains why we collect the information, how we use it, the type of information we collect and our lawful reasons to do so.

The legal grounds for using your information

This is common for all personal and sensitive data we collect and process about staff, volunteers, pupils, parents, carers and any other individuals.

Some data is more sensitive than other types of data. These special categories are as follows: personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic information, biometric information, health information, and information about sex life or orientation.

The school will process data under one or more of the following legal grounds:

1. Consent

The school will ask for consent to process certain data about you or a pupil. The type of data that is to be used, and how it is to be used will be specified on the consent forms.

You have the choice to opt in for certain types of data usage, and this is made clear. However, some data that is collected and processed in schools is not optional.

2. Legitimate interests

This means that the processing is necessary for legitimate interests except where the processing is unfair to you. The School relies on legitimate interests for many of the ways in which it uses information.

Specifically, the school has a legitimate interest in:

Providing educational services to pupils

Safeguarding and promoting the welfare of pupils and staff

Promoting the objects and interests of the school

Ensuring the efficient operation of the school

Compliance with all relevant legal obligations of the school

Keeping the whole school community informed about events, news and activities

3. Necessary for a contract

Information about individuals may be necessary to perform our obligations under our contracts.

For example, maintaining the school Management Information System database.

4. Legal obligation

Much of school life is governed by legal obligations to supply information to organisations such as the Department for Education or Local Authority or HMRC. We may also have to disclose information to third parties such as the courts, Disclosure and Barring Service or the police where legally obliged to do so.

5. Vital interests

For example, to prevent someone from being seriously harmed or killed.

6. Public interest

The School considers that it is acting in the public interest when providing education. Certain regulations, DfE and Local Authority, health and other guidance may require the school to process data in the public interest.

7. Legal claims:

The processing is necessary for the establishment, exercise or defence of legal claims. This allows us to share information with our legal advisors and insurers.

 

Why do we collect pupil data?

We collect and use pupil data to:-

  • Fulfil our statutory obligations to safeguard and protect children and vulnerable people

  • Enable targeted, personalised learning for pupils

  • Manage behaviour and effective discipline

  • Monitor our effectiveness

  • Comply with our legal obligations to share data

  • Support pupils to fulfil their potential

  • Keep pupils, parents and carers informed about school events and school news

     

Our Legal Obligations

We must make sure that information we collect and use about pupils is in line with the GDPR and Data Protection Act. This means that we must have a lawful reason to collect the data, and that if we share that with another organisation or individual we must have a legal basis to do so.

The lawful basis for schools to collect information comes from a variety of sources, such as the Education Act 1996, Regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013, Article 6 and Article 9 of the GDPR.

The Department for Education and Local Authorities require us to collect certain information and report back to them. This is called a ‘public task’ and is recognised in law as it is necessary to provide the information.

We also have obligations to collect data about children who are at risk of suffering harm, and to share that with other agencies who have a responsibility to safeguard children, such as the police and social care.

We also share information about pupils who may need or have an Education Health and Care Plan (or Statement of Special Educational Needs). Medical teams have access to some information about pupils, either by agreement or because the law says we must share that information, for example school nurses may visit the school.

Counselling services, careers services, occupational therapists are the type of people we will share information with, so long as we have consent or are required by law to do so.

We must keep up to date information about parents and carers for emergency contacts.

How we use the data

In school we also use various third party tools to make sure that pupils’ best interests are advanced. We also record details about progress, attainment and pupil development to support future planning and learning. We use software to track progress and attainment.

We use data to manage and monitor pastoral needs and attendance/absences so that suitable strategies can be planned if required.

We use systems to record school meals taken and payments received from parents for school meals, trips and other activities. This includes financial software to manage school budgets, which may include some pupil data.

Data can be used to monitor school effectiveness, the impact of intervention and learning styles across groups of pupils as well as individual children.

We may use consultants, experts and other advisors to assist the school in fulfilling its obligations and to help run the School properly. We might need to share pupil information with them if this is relevant to their work.

We also use contact information to keep pupils, parents, carers up to date about school events.

 

What type of data is collected?

 

The DfE and government requires us to collect a lot of data by law, so that they can monitor and support schools more widely, as well as checking on individual schools effectiveness.

 

The categories of pupil information that the school collects, holds and shares include the following:

 

Personal information – e.g. names, pupil numbers and addresses

Characteristics – e.g. ethnicity, language, nationality, country of birth and free school meal eligibility

Attendance information – e.g. number of absences and absence reasons

Assessment information – e.g. national curriculum assessment results

Relevant medical information and social care

Information relating to SEND and health needs

Behavioural information – e.g. number of temporary exclusions

 

CCTV, photos and video recordings of you are also personal information.

 

 

The National Pupil Database (NPD)

 

The NPD is owned and managed by the Department for Education and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.

 

We are required by law, to provide information about our pupils to the DfE as part of statutory data collections such as the school census and early years’ census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Pupils) (England) Regulations 2013.

 

To find out more about the pupil information we share with the department, for the purpose of data collections, go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

 

To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-and-supporting-information.

 

The department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:

 

  • conducting research or analysis
  • producing statistics
  • providing information, advice or guidance

 

The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases 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 store and handle the data

 

To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.

 

For more information about the department’s data sharing process, please visit:

https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

 

For information about which organisations the department has provided pupil information, (and for which project), please visit the following website: https://www.gov.uk/government/publications/national-pupil-database-requests-received

 

To contact DfE: https://www.gov.uk/contact-dfe

 

Your rights – What decisions can you make about your information?

 

From May 2018, data protection legislation gives you a number of rights regarding your information. Some of these are new rights whilst others build on your existing rights.

 

Your rights are as follows:

  • you can ask what information we hold about you and be provided with a copy. Sometimes we are not able to share all the information, but this is set out in our Subject Access Policy
  • if information is incorrect you can ask us to correct it
  • you can ask us to delete the information that we hold about you or your child in certain circumstances. For example, where we no longer need the information;
  • you can ask us to send you, or another organisation, certain types of information about you in a format that can be read by computer – this does not apply to pupil records as these are transferred by a DfE process called the Common Transfer File
  • our use of information about you may be restricted in some cases. For example, if you tell us that the information is inaccurate we can only use it for limited purposes while we check its accuracy

 

If you disagree with any decision we make about your data you can use our complaints policy, you also have the right to make a complaint to the Information Commissioner, and sometimes to the Information Tribunal or through the court process. Our complaints policy is available on the website.

 

Requesting access to your personal data

 

Under data protection legislation, 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 Business Manager.

 

You 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

  • claim compensation for damages caused by a breach of the Data Protection regulations

     

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/

 

Contact:

If you would like to discuss anything in this privacy notice, please contact the School Business Manager or the Head Teacher.

 

More information about Data Protection and Our Policies

How we manage the data and our responsibilities to look after and share data is explained in our Data Protection Policy, and connected policies, which are also available on our website.

If you feel that data about your child is not accurate, or no longer needed please contact the schools office. Our Complaints Policy explains what to do if there is a dispute. Subject Access Requests are dealt with by the specific policy on the website.

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