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Privacy Notice - School Workforce

Privacy Notice – School Workforce

This privacy notice explains how we collect, process and manage information for the school workforce. That includes employed members of staff, volunteers, including trustees and governors, trainee teachers, apprentices and work experience/ workplace placements.

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.

 

The categories of school workforce information that we collect, process, hold and share include:

  • personal information (such as name, employee or teacher number, national insurance number)

  • special categories of data including characteristics information such as gender, age, ethnic group

  • contract information (such as start dates, hours worked, post, roles and salary information)

  • work absence information (such as number of absences and reasons)

  • qualifications (and, where relevant, subjects taught)

  • medical information

  • other personal information

  • references

 

We use and share information to comply with statutory, regulatory, practice and contractual obligations. These may include, but are not limited to:-

  • improving the management of workforce data across the sector

  • enabling development of a comprehensive picture of the workforce and how it is deployed

  • pay salaries and pension contributions

  • informing the development of recruitment and retention policies

  • allowing better financial modelling and planning

  • enabling ethnicity and disability monitoring

  • supporting the work of the School Teachers’ Review Body

  • comply with guidance such as ‘Working Together’ and safeguarding obligations

  • facilitating good governance

  • internal reviews and quality monitoring

  • CPD and staffing issues

If we are required to comply with other legal obligations not listed above we will share data only when it is lawful to do so.

The lawful basis on which we collect and process this information

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 collecting and processing information comes from a variety of sources, such as the Article 6 and Article 9 of the GDPR, the Safeguarding of Vulnerable Groups Act 2006. We also have obligations to organisations such as HMRC and the Department of Work and Pensions.

Collecting this information

Whilst the majority of information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with data protection legislation, we will inform you whether you are required to provide certain school workforce information to us or if you have a choice in this.

Storing this information

We hold school workforce data for in accordance with our HR and Retention Policy

 

Who we share this information with

We may share this information with organisations such as:

  • our local authority

  • the Department for Education (DfE)

  • Safeguarding and protection for children and vulnerable adults

  • HR and Payroll service providers (EPM)

  • Legal Advisers

  • Insurance providers

  • HMRC

  • Teacher Pension Scheme and the Local Government Pension Scheme (and other pension providers)

  • Health professionals

Why we share school workforce information

We do not share information about workforce members with anyone without consent unless the law and our policies allow us to do so.

Local authority

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 (DfE)

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 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.

Data collection requirements

The DfE collects and processes personal data relating to those employed by schools (including Multi Academy Trusts) and local authorities that work in state funded schools (including all maintained schools, all academies and free schools and all special schools including Pupil Referral Units and Alternative Provision). All state funded schools are required to make a census submission because it is a statutory return under sections 113 and 114 of the Education Act 2005

 

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.

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.

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

To contact the department: 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, 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 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

 

More details about how we use and manage data can be found in the Data Protection Policy and other relevant policies.

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