On May 25th 2018, the European Union (EU) will begin to enforce a new data protection regulation called the General Data Protection Regulation (GDPR). The GDPR is designed to harmonise data privacy laws across Europe, to protect and empower all EU Citizens’ data privacy and to reshape they way organisations across the region approach data privacy.
Dorset Studio School is fully committed to achieving compliance with the GDPR.
The categories of pupil information that we collect, hold and share include:
- Contact details, contact preferences, date of birth, identification documents
- Results of internal assessments and externally set tests
- Pupil and curricular records
- Characteristics, such as ethnic background, eligibility for free school meals, or special educational needs
- Exclusion information
- Details of any medical conditions, including physical and mental health
- Attendance information
- Safeguarding information
- Details of any support received, including care packages, plans and support providers
- CCTV images captured in school
Why we collect and use this information
We use the pupil data:
- Support pupil learning
- Monitor and report on pupil progress
- Provide appropriate pastoral care
- Protect pupil welfare
- Assess the quality of our services
- Administer admissions waiting lists
- Carry out research
- Comply with the law regarding data sharing
The lawful basis on which we use this information
We only collect and use pupils’ personal data when the law allows us to. Most commonly, we process it where:
- We need to comply with a legal obligation
- We need it to perform an official task in the public interest
- Less commonly, we may also process pupils’ personal data in situations where:
- We have obtained consent to use it in a certain way
- We need to protect the individual’s vital interests (or someone else’s interests)Some of the reasons listed above for collecting and using pupils’ personal data overlap, and there may be several grounds which justify our use of this data.
- Where we have obtained consent to use pupils’ personal data, this consent can be withdrawn at any time. We will make this clear when we ask for consent, and explain how consent can be withdrawn.
The six main criteria for a legal basis to store data are set out in Article 6 of the General Data Protection Regulation (GDPR). When we keep personal data, one of these criteria should always apply.
- Consent: the individual has given clear consent for us to process their personal data for a specific purpose.
- Contract: the processing is necessary for a contract we have with the individual, or because they have asked us to take specific steps before entering into a contract.
- Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).
- Vital interests: the processing is necessary to protect someone’s life.
- Public task: the processing is necessary for us to perform a task in the public interest and the task or function has a clear basis in law.
- Legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
Collecting pupil information
Whilst the majority of pupil information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain pupil information to us or if you have a choice in this.
Storing pupil data
We keep personal information about pupils while they are attending our school. We may also keep it beyond their attendance at our school if this is necessary in order to comply with our legal obligations. You will find more information at Information and Records Management Society’s toolkit for schools
Who we share pupil information with
We routinely share pupil information with:
- our local authority
- The Department for Education (DfE)
- Our Academy Chains
- School Nurse
Why we share pupil information
We do not share information about pupils with any third party without consent unless the law and our policies allow us to do so.
Where it is legally required, or necessary (and it complies with data protection law) we may share personal information about pupils with:
- Our local authority – to meet our legal obligations to share certain information with it, such as safeguarding concerns and exclusions
- The Department for Education – to meet our legal obligations to share certain information with it, such as annual returns
- The pupil’s family and representatives – to communicate information , such as exam results
- Educators and examining bodies – to meet requirement of information need such as personal data
- Our regulator Ofsted – to meet our required obligations, such as report information
- Suppliers and service providers – to enable them to provide the service we have contracted them for
- Financial organisations – to enable them to provide the service we have contracted them for
- Central and local government – to meet our legal obligations
- Our auditors – to meet required annual returns such as financial reporting
- Survey and research organisations – as required by agencies
- Health authorities – to provide student information for medical purposes
- Health and social welfare organisations – to provide authorities with student information such as safeguarding
- Police forces, courts, tribunals – as a legal requirement such as attendance
- Professional bodies – as required for such as safeguarding
Data collection requirements:
To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.
National Pupil Database
We are required to provide information about pupils to the Department for Education as part of statutory data collections such as the school census.
Some of this information is then stored in the National Pupil Database (NPD), which is owned and managed by the Department and provides evidence on school performance to inform research.
The database is held electronically so it can easily be turned into statistics. The information is securely collected from a range of sources including schools, local authorities and exam boards.
The Department for Education may share information from the NPD with other organisations which promote children’s education or wellbeing in England. Such organisations must agree to strict terms and conditions about how they will use the data.
For more information, see the Department’s webpage on how it collects and shares research data.
You can also contact the Department for Education with any further questions about the NPD.
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 our Data Protection Officer (see below).
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
Youth support services
Once our pupils reach the age of 13, we are legally required to pass on certain information about them to Dorset County Council, as it has legal responsibilities regarding the education or training of 13-19 year-olds.
This information enables it to provide youth support services, post-16 education and training services, and careers advisers.
Parents/carers, or pupils once aged 16 or over, can contact our data protection officer to request that we only pass the individual’s name, address and date of birth to Dorset County Council.
If you have a concern about the way we are collecting or using your personal data, we request 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/
Parents and pupils’ rights regarding personal data
Individuals have a right to make a ‘subject access request’ to gain access to personal information that the school holds about them.
Parents/carers can make a request with respect to their child’s data where the child is not considered mature enough to understand their rights over their own data (usually under the age of 12), or where the child has provided consent.
If you make a subject access request, and if we do hold information about you or your child, we will:
- Give you a description of it
- Tell you why we are holding and processing it, and how long we will keep it for
- Explain where we got it from, if not from you or your child
- Tell you who it has been, or will be, shared with
- Let you know whether any automated decision-making is being applied to the data, and any consequences of this
- Give you a copy of the information in an intelligible form. If you would like to make a request please contact our data protection officer. Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe, including the right to:
- Parents/carers also have a legal right to access to their child’s educational record may write to the school to request access.
- Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.
- Object to the use of personal data if it would cause, or is causing, damage or distress
- Prevent it being used to send direct marketing
- Object to decisions being taken by automated means (by a computer or machine, rather than by a person)
- In certain circumstances, have inaccurate personal data corrected, deleted or destroyed, or restrict processing
- Claim compensation for damages caused by a breach of the data protection regulations We take any complaints about our collection and use of personal information very seriously. To make a complaint, please contact our data protection officer.
- Alternatively, you can make a complaint to the Information Commissioner’s Office:
- If you think that our collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about our data processing, please raise this with us in the first instance.
To exercise any of these rights, please contact our data protection officer.
Report a concern online at https://ico.org.uk/concerns/
Call 0303 123 1113
Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AFContact us
If you have any questions, concerns or would like more information about anything mentioned in this privacy notice, please contact our data protection officer: Tracey Richards – email: firstname.lastname@example.org
This notice is based on the Department for Education’s model privacy notice for pupils, amended for parents and to reflect the way we use data in this school.