General Data Protection Regulations:
New data protection regulations
From 25 May 2018 there were some changes to the data protection regulations called the General Data Protection Regulations (GDPR). Starcross Primary School and Preschool regards the protection of personal data relating to children and parents/carers as a very important matter.
We have published our updated data protection policy and Pupil Privacy notice. The Pupil Privacy notice outlines the pupil information that we collect, hold and share including the lawful basis about how we use this information.
How we use pupil information
Starcross Primary School and Preschool needs to collect, store and process data on pupils, parents and carers in order to be able to safeguard pupils and keep parents informed about pupils’ safety, welfare and progress. The data is also used to keep parents updated on whole school events, progress and activities. Only essential data is held and there are clear processes in place that govern how we collect, use, store and share the data.
Under data protection law, individuals have a right to be informed about how the school uses any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ (sometimes called ‘fair processing notices’) to individuals where we are processing their personal data.
The privacy notice explains how we collect, store and use your personal data and that of your child.
The school are the ‘data controller’ for the purposes of data protection law.
The personal data we hold on pupils
Personal data that we may collect, use, store and share (when appropriate) about pupils includes, but is not restricted to:
- 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
We may also hold data about pupils that we have received from other organisations, including other schools, local authorities and the Department for Education.
The personal data we hold on parents and carers
Personal data that we may collect, use, store and share (when appropriate) about parents and carers includes, but is not restricted to:
- Contact details and contact preferences
- Correspondence and complaints
Why we use this data
We use this data to:
- Support pupil learning
- Monitor and report on pupil progress
- Provide appropriate pastoral care
- Protect pupil welfare
- Assess the quality of our services
- Carry out research
- Comply with the law regarding data sharing
- Contact you in relation to school
Our legal basis for using this data
We collect and use pupil, parent and carer personal information under
- 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.
- Article 6(1)(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes, for example where we use photos of pupils for promotional means.
- We share data with the Department for Education (DfE) for school funding and educational attainment policy and monitoring. For this we will use Article 9(2)(b) 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 employment and social security and social protection law (section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.
- When pupils use online services we will use Article 9(2)(a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes. This will be gained through the parent(s)
- Where we have obtained consent to use pupil, parent and carer personal data, this consent can be withdrawn at any time. We will make this clear when we ask for consent, and explain how it can be withdrawn.
- Collecting this information
- While the majority of information we collect about pupils, parents and carers is mandatory, there is some information that can be provided voluntarily. Whenever we seek to collect information from you or your child, we make it clear whether providing it is mandatory or optional.
How we store this data
We keep personal information about pupils while they are attending our school and preschool. We may also keep it beyond their attendance at our school if this is necessary in order to comply with our legal obligations. Our record retention is based on the Information and Records Management Society’s toolkit for schools and sets out how long we keep information about pupils.
We do not share information about our pupils with anyone 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:
|Who we share with
|Why we share
|The schools that the pupil’s attend after leaving us
|To meet our legal requirement to maintain your child’s educational record and to provide information for special needs and pastoral care
|Our local authority
|To meet our legal duties to share certain information with it, such as concerns about pupils’ safety and exclusions
|The Department for Education
|We have to do this by law. This data sharing underpins school funding, educational policy and funding
|Police forces, courts, tribunals and security services
|As we are required to by law
|Students family and representatives
|To keep you informed on the progress, health and wellbeing of your child
|Educators and examining bodies
|To ensure that pupils are entered for exams and that their results are recorded
|Health and social welfare organisations
|Such as the school nurse and the Education Welfare Officer to help look after the health and wellbeing of pupils
|Our payment service provider
|So that you can pay for meals, trips, uniform and activities.
|Providers of electronic learning resources
|To allow you to use their resources in class and at home
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.
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.
Parents also have the right to make a subject access request with respect to any personal data the school holds about them.
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
- 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
- Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.
If you would like to make a request please contact our Business Manager – Helen Drew
Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe, including the right to:
- 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 rectified, blocked, deleted or destroyed; and
- Claim compensation for damages caused by a breach of the Data Protection regulation
To exercise any of these rights, please contact our data protection lead: Iannis Ireland (Headteacher)
We take any complaints about our collection and use of personal information very seriously.
If you think that our collection or use of your 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 make a complaint, please contact our data protection lead.
Alternatively, you can make a complaint to the Information Commissioner’s Office:
- 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 5AF
If you have any questions, concerns or would like more information about anything mentioned in this privacy notice, please contact our Business Manager: Helen Drew firstname.lastname@example.org
Or Data Protection lead: Iannis Ireland Headteacher@starcross-primary.devon.sch.uk
I-West – Bath and North East Somerset Local Authority – is the data protection officer. Their role is to oversee and monitor the schools data protection procedures, and to ensure they are compliant with the GDPR. The data protection officer can be contacted on 01275 884283 / 01225 477043 or i-west@BATHNES.GOV.UK .
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.