Data Protection and Privacy Notice
Privacy Notice – How we use pupil information
Why do we collect and use pupil information?
We collect and use pupil information under Article 6(1)(b) ‘Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract,’ and article 9(2)(b) ‘Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement.’
We use the pupil data:
- to support pupil learning
- to monitor and report on pupil attainment progress
- to provide appropriate pastoral care
- to assess the quality of our services
- to keep children safe (food allergies, or emergency contact details)
- to meet the statutory duties placed upon us.
Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing pupil information are:
- for the purposes of (a), (b), (c) & (d) in accordance with the legal basis of Public task: collecting the data is necessary to perform tasks that schools are required to perform as part of their statutory function
- for the purposes of (e) in accordance with the legal basis of Vital interests: to keep children safe (food allergies, or medical conditions)
- for the purposes of (f) in accordance with the legal basis of Legal obligation: data collected for DfE census information
In addition, concerning any special category data:
- conditions a, b, c and d of GDPR – Article 9
What is your ‘Personal Data’?
Personal data is information that says something about you as an individual, so it would normally include your name, and/or contact details, or even a photograph of you.
The categories of parent information that we collect and hold include:
- Personal information (names, addresses, contact numbers, email addresses, relationship to pupil).
The categories of pupil information that we collect, hold and share include:
- Personal information (name, unique pupil number, date of birth, address, photograph, and religion)
- Characteristics (ethnicity, language, nationality, country of birth, catering and free school meal eligibility, biometrics)
- Safeguarding information (such as court orders and professional involvement)
- Education Information (Previous school(s), Special Educational Needs Information (including the needs and ranking), National Curriculum Assessment results, Post 16 learning information, information for certain trips and/or activities)
- Medical and administration (such as doctor’s information, child health, dental health, allergies, medication and dietary requirements)
- Attendance information (sessions attended, number of absences and absence reasons, exclusions/behavioural information)
- Welfare (In care details, child protection plans)
Collecting pupil information
We obtain pupil information via registration forms at the start of year 7. In addition, when a child joins us from another school, we are sent a secure file (Common Transfer File (CTF)) containing relevant information. Also, we can collect data from medication forms and from child protection plans.
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 securely till the pupil reaches the age of 25. Images of pupils used on the website to promote the school will be removed 3 years after the pupil has left.
Who do we share pupil information with?
We routinely share pupil information with:
- schools that pupils attend after leaving us
- outside agencies
- our local authority
- youth support agencies (pupils aged 13+)
- the Department for Education (DfE)
Why we routinely 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.
Youth support services
What is different about pupils aged 13+?
Once our pupils reach the age of 13, we also pass pupil information to our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.
This enables them to provide services as follows:
- youth support services
- careers advisers
The information shared is limited to the pupil’s name, address and date of birth. However where a parent or guardian provides their consent, other information relevant to the provision of youth support services will be shared. This right is transferred to the child / pupil once he/she reaches the age of 16.
Aged 14+ qualifications
For pupils enrolling for post 14 qualifications, the Learning Records Service will give us a pupil’s unique learner number (ULN) and may also give us details about the pupil’s learning or qualifications.
Our pupils aged 16+
We will also share certain information about pupils aged 16+ with our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.
This enables them to provide services as follows:
- post-16 education and training providers
- youth support services
- careers advisers
For more information about services for young people, please visit our local authority website http://www.bury.gov.uk/index.aspx?articleid=10386.
Department for Education
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 data collections, under:
- Section 537A of the Education Act 1996
- the Education Act 1996 s29(3)
- the Education (School Performance Information)(England) Regulations 2007
- regulations 5 and 8 School Information (England) Regulations 2008
- the Education (Pupil Registration) (England) (Amendment) 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.
Requesting access to your personal data
Under GDPR, 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 D Thompson (Data Protection Officer) firstname.lastname@example.org.
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
- a right to seek redress, either through the ICO, or through the courts
If you have a concern about the way we are collecting or using your personal data, you should raise your concern with the school 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:
- Mr D Thompson (Data Manager) – email@example.com
- Mr Neil Scruton (Data Protection Officer) – firstname.lastname@example.org
- Bury Local Authority
How Government uses your data
The pupil data that we lawfully share with the DfE through data collections:
- underpins school funding, which is calculated based upon the numbers of pupils and their characteristics in each school.
- informs ‘short term’ education policy monitoring (for example, school GCSE results or Pupil Progress measures).
- supports ‘longer term’ research and monitoring of educational policy. (for example, how certain subject choices go on to affect education or earnings beyond school)
The National Pupil Database (NPD)
Much of the data about pupils in England goes on to be held in 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. 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 the 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.
The law allows the Department to share pupils’ personal data with certain third parties, including:
- local authorities
- organisations connected with promoting the education or wellbeing of children in England
- other government departments and agencies
- organisations fighting or identifying crime
For more information about the Department’s NPD data sharing process, please visit:
Organisations fighting or identifying crime may use their legal powers to contact the DfE to request access to individual level information relevant to detecting that crime. Whilst numbers fluctuate slightly over time, the DfE typically supplies data on around 600 pupils per year to the Home Office and roughly 1 per year to the Police.
For information about which organisations the Department has provided pupil information, (and for which project) or to access a monthly breakdown of data share volumes with Home Office and the Police please visit the following website: https://www.gov.uk/government/publications/dfe-external-data-shares
To contact DfE: https://www.gov.uk/contact-dfe