How we use pupil information

Changes to Data Protection Legislation

New data protection legislation came into force on 25 May 2018 and replaced the UK Data Protection Act. The new General Data Protection Regulation (GDPR) provides a modernised, accountability-based compliance framework for data protection in Europe. It is intended to strengthen privacy rights in relation to personal information. The new accountability principle in Article 5(2) of the GDPR requires data controllers to demonstrate that they comply with the good practice principles set out in the Regulation, and states explicitly that this is their responsibility. The school is the data controller of the personal information you provide to us. This Notice sets out most of your rights under the new laws. Further information about the new law can be found on the Information Commissioners website: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

We collect and process pupil information under the following lawfulness of processing personal data:

• Article 6a – Consent to processing data for one or more specific purpose
• Article 6c Compliance with legal obligations, which the controller is subject to

Examples of these include obligations placed on the school by the DfE -

• Attendance
• SEN
• Progress and Attainment   (More information on these can be found at https://www.gov.uk/education/data-collection-and-censuses-for-schools)
• Article 6d – in order to protect the vital interests of the data subject or of a natural living person

· We also collect and process data under Article 9 – Processing of special categories of personal data -

• Where we have explicit consent
• To protect vital interests of the data subject

We use the pupil data:

• to support pupil learning
• to monitor and report on pupil progress
• to provide appropriate pastoral care
• to assess the quality of our services
• to comply with the law regarding data sharing

The categories of pupil information that we collect, hold and share include:

· Personal information (such as name, unique pupil number and address)

· Characteristics (such as ethnicity, language, nationality, country of birth and free school meal eligibility)

· Attendance information (such as sessions attended, number of absences and absence reasons)

· Assessment information (such as progression of children and targets)

· Relevant medical information (such as reports for the paediatrician)

· SEN Information (such as IEP’s, reports and referrals)

· Behavioural information (such as behaviour plan and tracking of behaviour)

· Safeguarding information (such as Early Help plans including registration, CIN plans, CP plans)

 

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 hold pupil data for as long as they are part of the school.  We will delete all data once the child has left.  However, a chronology of any safeguarding cases will be kept in school until the child is 25 years of age.

Who we share pupil information with

We routinely share pupil information with:

• schools that the pupils attend after leaving us
• our local authority
• the Department for Education (DfE)
• SEN services
• Social Care services
• Community Paediatrician
• Speech Therapy Service

Why we share pupil information

We do not share information about our pupils with anyone without consent unless the law and our policies allow us to do so.  We share pupils’ data with the Department for Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.  We are required to share information about our pupils with our local authority (LA) and the Department for Education (DfE) under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.

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.

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 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 Mr N Roberts.

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, 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/

Contact

If you would like to discuss anything in this privacy notice, please contact the school office.