Privacy Notice (How we use pupil information)
Why do we collect and use pupil information?
We collect and use pupil information under the General Data Protection Regulations 2018. Particularly under Article 6, where the information is collected and used in order to educate and ensure the welfare of our pupils.
We also collect and use pupil information in order to help pupils with additional special needs and requirements, so that we can ensure we offer the best possible support and resources to them (and their parents and carers) during their time in our school.
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 -Name, Date of Birth, genre, Year group, class, dietary needs
Characteristics- Ethnicity, language, nationality, country of birth.
We use the parents’ data:
- To assess the quality of our services
- To comply with the law regarding data sharing
- To ensure financial stability
Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing pupil information are:
The lawful bases for processing personal data are set out in Article 6 of the General Data Protection Regulation. The school processed such data because we have:
(6a) Consent: parents have given clear consent for us to process their (and their child’s) personal data for the purposes indicated above.
(6c) A Legal obligation: the processing is necessary for us to comply with the law (e.g. we are required by law to submit certain teacher assessment information and to safeguard pupils’ welfare by sharing information with other agencies).
(6d) A duty to safeguard pupils: the processing is necessary in order to protect the vital interests of the data subject (children); (e.g. if we are required to share medical history information with emergency services in the event of an accident or to other agencies when a child may be in danger).
(6e) Public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law (e.g. processing attendance information or academic attainment and progress records).
Special Categories of data are set out in Article 9 of the General data Protection Regulation. The school processes such data because we have:
(9.2a) explicit consent. In circumstances where we seek consent, we make sure that the consent is unambiguous and for one or more specified purposes, is given by an affirmative action and is recorded as the condition for processing. Examples of our processing include use of pupil photographs for external purposes, pupil dietary requirements, and health information we receive from our pupils who require a reasonable adjustment to access our services.
(9.2b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject.
(9.2c) where processing is necessary to protect the vital interests of the data subject or of another natural person. An example of our processing would be using health information about a pupil in a medical emergency.
(9.2f) for the establishment, exercise or defence of legal claims. Examples of our processing include processing relating to any employment tribunal or other litigation.
(9.2g) reasons of substantial public interest. As a school, we are a publicly funded body and provide a safeguarding role to young and vulnerable people. Our processing of personal data in this context is for the purposes of substantial public interest and is necessary for the carrying out of our role. Examples of our processing include the information we seek or receive as part of investigating an allegation.
(9.2j) for archiving purposes in the public interest. The relevant purpose we rely on is Schedule 1 Part 1 paragraph 4 – archiving. An example of our processing is the transfers we make to the County Archives as set out in our Records Management Policy.
We process criminal offence data under Article 10 of the GDPR.
Our Data Protection Policy highlights the conditions for processing in Schedule 1 of the Data Protection Act 2018 that we process Special Category and Criminal Offence data under.
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 until they leave Severnbanks Primary School. All confidential information is kept secure either on encrypted, password protected devices or paper copies kept on the school site. Once the deadline for retaining information has passed, data kept electronically is deleted and paper copies are destroyed in conjunction with the retention schedule.
Who do we share pupil information with?
We routinely share pupil information with:
- schools that our pupil’s attend after leaving us
- the local authority
- the Department for Education (DfE)
- Children’s Social Care (when safeguarding pupils’ welfare)
- External professionals who visit school (such as Educational Psychologists)
- Suppliers and service providers with whom we have a contract
- Voluntary organisations linked to the school
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.
Department for Education
The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about our pupils with the Department for Education (DfE) either directly or via our local authority for the purpose of those data collections, under:
Regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013.
All data is transferred securely and held by DfE under a combination of software and hardware controls, which meet the current government security policy framework.
For more information, please see ‘How Government uses your data’ section.
We may be required to share information about our pupils with the local authority to ensure that they can conduct their statutory duties under
- the Schools Admission Code, including conducting Fair Access Panels.
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-collectionand-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.
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:
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 in writing the Headteacher outlining your request.
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/
Withdrawal of Consent and the Right to Lodge a Complaint
Where we are processing your personal data with your consent, you have the right to withdraw that consent. If you change your mind, or you are unhappy with our use of your personal data, please let us know by contacting Carol Morgan - firstname.lastname@example.org
We may need to update this privacy notice periodically so we recommend that you revisit this information from time to time. This version was last updated on November 2020.
If you would like to discuss anything in this privacy notice, please contact: Carol Morgan Data Protection Officer.
Privacy Notice – NHS Test & Trace Addendum
(How We Use Pupil, Parent, Staff, Governor & Visitor Information)
This addendum to our Privacy Notice explains how and why we may share stakeholder personal information with the NHS Test and Trace service.
Who We Share Pupil Information With
During the period of the coronavirus pandemic (which is as yet an undefined length of time), we may share stakeholder information with:
- NHS Test and Trace Service
Why We May Share This Information
We do not share information about our stakeholders with anyone without consent unless the law and our policies allow us to do so. The NHS Test and Trace service may collect information from educational settings in order to allow for the operation of the service and enable contacts to be effectively traced. Information that will be requested and shared where necessary is:
- Contact phone number and/or email address
The lawful bases for processing personal data are set out in Article 6 of the General Data Protection Regulation. The school processes such data in this instance because we have:
(6e) Public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law (i.e. our legal responsibilities around public health).
Information provided to the NHS Test and Trace service is held in strict confidence and is only kept and used in line with the Data Protection Act 2018.