Privacy Notice for pupils – Data Protection Act 1998 and General Data Protection Regulations (GDPR) 2018
Valley End C of E VC Infant School is the Data Controller for the purposes of the Data Protection Act and GDPR.
Why do we collect and use pupil information?
We collect and use pupil data, for the following purposes:
- to support pupil learning
- to monitor and report on pupil attainment and progress
- to provide appropriate pastoral care
- to assess the quality of our services
- to keep children safe (food allergies, or emergency contact details)
- to meet the statutory duties placed upon us for DfE data collections
Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for procession pupil information are:-
- for the purposes of (a), (b), (c) and (d) in accordance with the legal basis of Public task: collecting the data necessary to perform tasks that schools are required to perform as part of their statutory function
- for the purposes of (e) in accordance with the legal basis of Vital interests: to keep children safe (food allergies, or medical conditions)
- for the purposes of (f) in accordance with the legal basis of Legal obligation: data collected for DfE census information
Section 537A of the Education Act 1996
The Education Act 1996 s29 (3)
The Education (School Performance Information) (England) Regulations 2007
Regulations 5 and 8 School Information (England) Regulations 2008
The Education (Pupil Registration) (England) (Amendment) Regulations 2013
In addition, concerning any special category data:
- conditions a, b, c and d of GDPR – Article 9
The categories of pupil information that we process 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)
- Assessment and attainment (such as key stage 1 and phonics results)
- Behavioural and exclusions information (such as exclusions and any relevant alternative provision put in place)
- Medical information (such as doctors information, child health, dental health, allergies, medication and dietary requirements)
- Special Educational and disability information (including the needs and ranking)
- Personal information of parents/carers (such as name, address, email, phone number)
- Safeguarding and child protection information (such as court orders and professional involvement)
- Free school meal management
Collecting pupil information
We obtain pupil information via registration forms when the child first starts at this school. In addition, when a child joins us from another school we are sent a secure file containing relevant information.
Pupil data is essential for the school’s operational use. 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 GDPR we will inform you at the point of collection, 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 securely for the set amount of time shown in the Information Management Toolkit for Schools:
Who do we share pupil information with?
We routinely share pupil information with:
- schools that the pupil attends after leaving us
- our local authority – Surrey County Council/Strictly Education 4S
- the Department for Education (DfE)
- Pupil Asset Ltd – School’s assessment system
- Addcom IT Ltd – Technical Support company
- Capita – Management Information System
- NHS – School nurse
- Parent Mail
- RM Maths Learning
- Pro Portraits (A Faulkner) – School Photographer
- Twelve 15 – catering
- Cool Milk Ltd – providers of school milk for pupils
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 our local authority (LA) and the Department for Education (DfE) under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.
All data is transferred securely and held by DfE under a combination of software and hardware controls, which meet the current government security policy framework.
For more information, please see “How Government uses you data” section.
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, Mrs Nina Newington at email@example.com
You also have the right to:
- to ask us for access to information about you that we hold
- to have your personal details rectified, if it is inaccurate or incomplete
- to request the deletion or removal of personal data where there is no compelling reasons for its continued processing
- to restrict our processing of personal data(i.e. permitting its storage but no further processing)
- to object to direct marketing (including profiling) and processing for the purposes of scientific/historical research and statistics
- not to be subject to decisions based purely on automated processing where it produces a legal or similarly significant effect on you
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/
If you would like to discuss anything in this privacy notice, please contact:
Data Protection Officer, Mrs Nina Newington at firstname.lastname@example.org
How Government uses your data
The pupil data that we lawfully share with the DfE through data collections:
- underpins school funding, which is calculated based upon the numbers of children and their characteristics in each school.
- informs ‘short term’ education policy monitoring and school accountability and intervention (for example, school GCSE results or Pupil Progress measures).
- supports ‘longer term’ research and monitoring of educational policy (for example how certain subject choices go on to affect education or earnings beyond school)
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
The National Pupil Database (NPD)
Data about pupils in England goes on to be held in 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.
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
Sharing by the Department for Education
The law allows the Department to share pupils’ personal data with certain third parties, including:
- local authorities
- organisations connected with promoting the education or wellbeing of children in England
- other government departments and agencies
- organisations fighting or identifying crime
For more information about the Department’s NPD data sharing process, please visit:
Organisations fighting or identifying crime may use their legal powers to contact DfE to request access to individual level information relevant to detecting that crime. Whilst numbers fluctuate slightly over time, DfE typically supplies data on around 600 pupils per year to the Home Office and roughly 1 per year to the Police.
For information about which organisations the Department has provided pupil information, (and for which project) or to access a monthly breakdown of data share volumes with Home Office and the Police please visit the following website: https://www.gov.uk/government/publications/dfe-external-data-shares
To contact DfE: https://www.gov.uk/contact-dfe