GDPR NOTICE MARCH 2020
USE OF DATA AND KEY WORKER INFORMATION
Key Worker Information – Covid-19
In order to comply with the Government’s guidance with regard to shutting schools and providing places for key worker children, it is necessary for us to collect and manage data about these children and their parents/carers in a different way.
Our standard GDPR policy applies, and information found on our privacy notices relating to staff, parents and of course pupils will apply in all cases.
We will use the information that relates to key workers in order to ensure that those children who are entitled to a place at school whilst schools are officially closed are correctly processed, managed and safeguarded.
The Data Controller continues to take its obligations to data processing seriously and will ensure that appropriate safeguards and measures are in place.
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 ask for consent to process 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.
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:
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.
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.
For example, to prevent someone from being seriously harmed or killed.
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.
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.
Your rights – what
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:
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.
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.
Why do we collect data?
We collect and use pupil data to:-
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 take electronic payments for school meals.
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:
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:
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:
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
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 Karen Clarke, Gail Edmonds or our DPO (Data Protection Officer) – John Walker of (Flint Bishop)
You also have the right to:
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/
If you would like to discuss anything in this privacy notice, please contact John Walker of (Flint Bishop)
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.
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 categories of school workforce information that we collect, process, hold and share include:
We use and share information to comply with statutory, regulatory, practice and contractual obligations. These may include, but are not limited to:-
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:
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.
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 our local authority (LA) and the Department for Education (DfE) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.
We are required to share information about our pupils with the (DfE) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.
We are required to pass information about our pupils to 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:
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:
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:
To contact the department: https://www.gov.uk/contact-dfe
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 Karen Clarke, Gail Edmonds or our DPO (Data Protection Officer) John Walker of Flint Bishop.
You also have the right to:
More details about how we use and manage data can be found in the ‘Data Processing Notices – Common Principles and Processes’, the Data protection Policy and other relevant polices for the School Workforce on the website.