We wish all families a wonderful summer and look forward to welcoming students back to school on Thursday 5th september 2019

Holbrook School
Where learning comes to life

 General Privacy Notice

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. 

Consent 

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. 

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 

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. 

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. 

Vital interests 

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

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. 

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. 

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: 

  • 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. 

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. 

Why do we collect 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 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: 

  • 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 

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: 

  • 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 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. 

 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 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 
  • Payroll services 
  • 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 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: 

  • 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 

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: 

  • 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 Processing Notices – Common Principles and Processes’, the Data protection Policy and other relevant polices for the School Workforce on the website. 

Contact Details

Contact Details

Copyright© 2019 Holbrook School for Autism
Our DPO (Data Protection Officer) is John Walker

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