Privacy Notice (How we use pupil information)
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). This information will include contact details, national curriculum assessment results, attendance information, any exclusion information, where they go after they leave us and personal characteristics such as their ethnic group, any special educational needs they may have as well as relevant medical information. For pupils enrolling for post 14 qualifications, the Learning Records Service will give us the unique learner number (ULN) and may also give us details about your learning or qualifications.
Why we collect and use this information:
to support pupil learning
to monitor and report on pupil progress
to provide appropriate pastoral care
to assess the quality of our services, and
to comply with the law regarding data sharing
The lawful basis on which we use this information in relation to Article 6 and Article 9 of the General Data Protection Regulations (GDPR) is to comply with legal obligation and for the purposes of legitimate interests.
From 25 May 2018 the data protection act will be replaced by the General Data Protection Regulation (GDPR). We collect and use pupil information for general purposes under the lawful basis under Article 6 (appendix 1) and Article 9 (appendix 2) of the GDPR. It is a statutory requirement under Section 537A of the Education Act 1996 for schools to submit the school census returns to the DfE which will include a set of named pupil records.
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 6 years following a student’s last entry which would be when they reach 25 years of age.
Who we share pupil information with:
We routinely share pupil information with:
schools that the pupil’s attend after leaving us
our local authority
the Department for Education (DfE)
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 the (DfE) under regulation 5 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.
Youth support services
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
A parent or guardian can request that only their child’s name, address and date of birth is passed to their local authority or provider of youth support services by informing us. This right is transferred to the child / pupil once he/she reaches the age 16.
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
For more information about services for young people, please visit our local authority website.
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, or 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/guidance/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 our data protection officer as per the contact details 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
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/
If you would like to discuss anything in this privacy notice, please contact David Thatcher (Assistant Headteacher) our Data Protection Officer by emailing email@example.com
Privacy Notice Coronavirus Test and Trace
Schools are in a very difficult situation. The tracing process of ‘Test and Trace’ is made more difficult as schools are public authorities. They have a legal duty to protect and promote the welfare of pupils and a duty of care to staff. It is hoped that additional government guidance will be provided for schools.
As a private individual, compliance with the scheme is optional, i.e., you cannot at the present time be forced to provide details. With schools, it is more complicated.
If a person in a school has COVID-19 or symptoms of the virus they will be sent home, as will other people in school who have had contact with this individual and who may be at risk. In a school setting, it would be most unusual for any one person to know the details of everyone else who may be affected. It is only the school that will have that data. We would notify individuals about a risk, and in many instances that will be sufficient.
However, the Department for Education guidance goes onto say:
‘As part of the national test and trace programme, if other cases are detected within the child or young person’s cohort or in the wider education or childcare setting, Public Health England’s local Health Protection Teams will conduct a rapid investigation and will advise schools and other settings on the most appropriate action to take.’
Therefore, in this situation it is not a matter of giving consent to share data; there is a Public Duty to do so. As a school, we will co-operate with such requests. Schools are under an obligation to share data. Although at no point will we share data without a sound legal basis, please be aware that we will share data where necessary.
Responding to the Coronavirus advice from the Government is an obligation on all schools in
The development of the NHS Test and Trace scheme is a key part of the government’s plan to manage Coronavirus. As more pupils are returning to our schools, the safety and wellbeing of pupils, staff and their families is a priority. Planning to manage a safe return is in place; however, our responsibility extends beyond the school gates.
We hold a lot of data, and it may be necessary for us to share that data on request from NHS Test and Trace workers. We will do this and will play our part in making this process as effective as possible.
It is likely that we will be asked to provide contact details if a case or suspected case of Coronavirus arises in our school. There is an obligation to support the government planning. We will provide details as requested in order to do this.
We will be sharing data on the basis that this is a Public Duty (see below) and, in the case of any health data, it is necessary for the public interest, as set out. Please be assured that we will keep a record of information that we share.
This Privacy Notice should be read alongside the other GDPR and Data Protection documents on our website.
If you have any questions, please contact firstname.lastname@example.org
NHS Test and Trace and the Law
The law on protecting personally identifiable information, known as the General Data Protection
Regulation (GDPR), allows Public Health England to use the personal information collected by NHS
Test and Trace.
The section of the GDPR that applies is:
- Article 6(1)(e) – ‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller’
As information about health is a special category of personal information, a further section of the
- Article 9(2)(i) – ‘processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare’
Public Health England also has special permission from the Secretary of State for Health and Social
Care to use personally identifiable information without people’s consent where this is in the public interest. This is known as ‘Section 251’ approval and includes the use of the information collected by
NHS Test and Trace to help protect the public from coronavirus. The part of the law that applies here is Section 251 of the National Health Service Act 2006 and the associated Health Service (Control of Patient Information) Regulations 2002.