Privacy Notice (How we use pupil information)

 

Why do we collect and use pupil information?

We collect and use pupil information under Section 537A of the Education Act 1996, which sets out the statutory requirement on schools to submit a school census return, including a set of named pupil records.

As such, we have a lawful basis for collecting and processing pupil data and this is in line with the General Data Protection Regulations under the following articles:

  • Article 6 (c) – processing is necessary for compliance with a legal obligation
  • Article 9 (a) – the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject[1].

We use the pupil data:

 

  • to support pupil learning
  • to monitor and report on pupil progress
  • to provide appropriate pastoral care
  • to assess the quality of our services
  • 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, 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)

 

We will also collect, hold and share, where relevant, any assessment information, medical information, special educational needs and exclusion / behavioural information.

 

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 in line with the school’s Data Protection Policy and retention guidelines.  In accordance with the GDPR, the school does not store personal data indefinitely; data is only stored for as long as is necessary to complete the task for which it was originally collected.

 

Who do 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)
  • the Multi Academy Trust
  • NHS/School Nursing Service
  • Heath and social welfare organisations (e.g. safeguarding concerns)

 

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.

 

 

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 pupil information we share with the department, for the purpose of data collections, go tohttps://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 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/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 Elaine Hirst on 01226 743008 or info@elsecar.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
  • 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 with us in the first instance or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/

 

Contact:

If you would like to discuss anything in this privacy notice, please contact:

 

 

 

[1] Where pupil information, for the purposes of the school census, includes special category data such as ethnicity or nationality, this data is declared by and processed with the consent of the parent / guardian. The right to decline to provide sensitive personal data will be made explicit.