Why do we collect, share and hold pupil information?
We collect and use pupil information under the Education Act 1996. The EU general data protection regulation 2016/679 (GDPR) takes effect on 25th May 2018
In particular article 6 and 9 of the GDPR
Article 6 GDPR
Processing is necessary for compliance with a legal duty to which the controller is subjected
Article 9 GDPR
for substantial public interest on a legal basis. For more information click HERE
We use our pupil data:
to support pupil learning
to monitor and report on pupil progress
to provide appropriate pastoral care
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 and address)
Any relevant medical information
Special educational needs
Exclusions and behavioural information
Characteristics (such as ethnicity, language, nationality, country of birth)
Attendance information (such as sessions attended, number of absences and absence reasons)
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 are required to retain pupil data until a pupil reaches 25 years of age.
Who do we share pupil information with?
We routinely share pupil information with:
Schools or Nurseries 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 are required to share safeguarding information with the LA and a School/Nursery the child moves on to.
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.
The School and Kindergarten must also comply with an additional condition where it processes special categories of personal information. These special categories are as follows: personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic information, biometric information, health information, and information about sex life or orientation.
Substantial public interest
The processing is necessary for reasons of substantial public interest.
To protect the vital interests of any person where that person cannot give consent, for example, if they are seriously hurt and are unconscious.
The processing is necessary for the establishment, exercise or defence of legal claims. This allows us to share information with our legal advisors and insurers.
This includes medical treatment and the management of healthcare services.
We may ask for your consent to use your information in certain ways. If we ask for your consent to use your personal information you can take back this consent at any time. Any use of your information before you withdraw your consent remains valid.
Requesting access to your personal data
Under data protection legislation, parents 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 the School Office in writing.
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 in writing with the School Office in the first instance or directly to the Information Commissioner’s Office
Our legal grounds for using your information
This section contains information about the legal basis that we are relying on when handling your information.
This means that the processing is necessary for legitimate interests except where the processing is unfair to you. The School and Kindergarten relies on legitimate interests for most of the ways in which it uses your information.
Specifically, the School and Kindergarten has a legitimate interest in:
Providing educational services to your child;
Safeguarding and promoting the welfare of your child (and other children);
Promoting the objects and interests of the School and Kindergarten. This includes fundraising. It also includes making sure that we are able to enforce our rights against you, for example, so that we can contact you if unpaid School/Kindergarten fees are due.
Facilitating the efficient operation of the School and Kindergarten
Ensuring that all relevant legal obligations of the School and Kindergarten are complied with.
In addition your personal information may be processed for the legitimate interests of others. For example another School or Nursery will have a legitimate interest in knowing if you have not paid School or Nursery fees that are due to us.
If you object to us using your information where we are relying on our legitimate interests as explained above please contact the School Office.
Necessary for a contract
We will need to use your information in order to perform our obligations under our contract with you. For example, we need your name and contact details so that we can update you on your child’s progress and so that we can contact you if there is a concern.
Where the School or Kindergarten needs to use your information in order to comply with a legal obligation, for example to report a concern to Children’s Services. We may also have to disclose your information to third parties such as the courts, the local authority or the police where legally obliged to do so.
For example, to prevent someone from being seriously harmed or killed.
We consider that we are acting in the public interest when providing education.