GDPR and what it means
The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). The GDPR sets out the principles for data management and the rights of the individual, while also imposing fines that can be revenue-based. The General Data Protection Regulation covers all companies that deal with data of EU citizens, so it is a critical regulation for corporate compliance officers at banks, insurers, and other financial companies. GDPR came into effect across the EU on May 25, 2018.
The personal data we hold
Personal data that we may collect, use, store and share (when appropriate) about students includes, but is not restricted to:
- Contact details, contact preferences, date of birth, identification documents
- Results of internal assessments and externally set tests
- Student 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
- CCTV images captured in school
We may also hold data about students that we have received from other organisations, including other schools, Local Authorities and the Department for Education.
Why we use this data
We use this data to:
- Support student learning
- Monitor and report on student progress
- Provide appropriate pastoral care
- Protect student welfare
- Assess how well our school is doing
- Comply with the law regarding data sharing
Our legal basis for using this data
We only collect and use students’ personal data when the law allows us to. Most commonly, we process it where:
- We need to comply with a legal obligation
- We need it to perform an official task in the public interest
Less commonly, we may also process students’ personal data in situations where:
- We have obtained consent to use it in a certain way
- We need to protect the individual’s vital interests (or someone else’s interests)
Where we have obtained consent to use students’ personal data, this consent can be withdrawn at any time. We will make this clear when we ask for consent, and explain how consent can be withdrawn.
Some of the reasons listed above for collecting and using students’ personal data overlap, and there may be several grounds which justify our use of this data.
Our legal basis for using this data
While the majority of information we collect about students 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 voluntary. If it is mandatory, we will explain the possible consequences of not complying.
How we store this data
We keep personal information about students while they are attending our school. 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 policy sets out how long we keep information about students.
A copy of our record retention policy is available on request by emailing our ICO at: firstname.lastname@example.org
We do not share information about students with any third party 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 students with:
- Our local authority – to meet our legal obligations to share certain information with it, such as attainment and progress, safeguarding concerns and exclusions.
- The Department for Education – to meet our legal obligations to share certain information with it, such as census data and statistics.
- The student’s family and representatives – to meet our legal obligations to share certain information with them, progress and attainment, such as safeguarding concerns and exclusions
- Educators and examining bodies – to meet our legal obligations to share certain information with it, such as evidence of coursework and exam entries
- Our regulator, i.e. Ofsted – to monitor the performance of the school.
- Suppliers and service providers – to enable them to provide the service we have contracted them for
- Health and social welfare organisations – to provide professional support, advice and guidance
- Professional advisers and consultants – to provide professional support, advice and guidance
National Student Database
We are required to provide information about students 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 Student 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.
Youth support services
Once our students reach the age of 13, we are legally required to pass on certain information about them to Sheffield Local Authority as it has legal responsibilities regarding the education or training of 13-19 year-olds.
This information enables it to provide youth support services, post-16 education and training services, and careers advisers.
Parents/carers, or students once aged 16 or over, can contact our Data Protection Officer, Toby Wilson (see ‘Contact us’ below), to request that we only pass the individual’s name, address and date of birth to Sheffield Local Authority.
Transferring data internationally
Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.
Parents and students’ 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.
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, and how long we will keep it for
- Explain where we got it from, if not from you or your child
- 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 Data Protection Officer is Toby Wilson (see ‘Contact us’ below).
Parents/Carers also have a legal right to access to their child’s educational record. To request access, please contact the Headteacher at email@example.com.
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 corrected, deleted or destroyed, or restrict processing
- Claim compensation for damages caused by a breach of the data protection regulations
To exercise any of these rights, please contact our Data Protection Officer, Toby Wilson (see ‘Contact us’ below).
We take any complaints about our collection and use of personal information very seriously.
If you think that our collection or use of 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 Officer, Toby Wilson (see ‘Contact us’ below).
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 data protection officer or the school:
- Our Data Protection Officer is Toby Wilson – firstname.lastname@example.org
- School – 0114 2363545 or email@example.com