General Data Protection Regulation (GDPR)
What is GDPR?
This refers to the General Data Protection Regulation originally EU legislation that has been taken into UK law and should be viewed alongside the Data Protection Act 2018 to provide a comprehensive picture of data protection legislation in the UK.
EU GDPR legislation was designed to ‘harmonise’ data privacy laws across Europe, as well as give greater protection and rights to individuals. With the introduction of UK GDPR there are significant additional protections for the public these protections transferred to UK legislation in 2018. The legislation identifies specific responsibilities for businesses and public bodies that handle personal information to ensure that data protection is considered whenever there is a requirement to process personal information. In essence, data protection legislation is about protecting personal data, and ensuring that individuals are aware of what data is being processed and how it is used. It gives individuals greater control and say over how their personal data is used by companies and public bodies.
GDPR defines personal data as:
Any information relating to an identified or identifiable person (known as a Data Subject).
An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an ID number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a natural person.
How we use pupil information
We collect and use pupil information under the Education Act 1996. https://www.gov.uk/education/data-collection-and-censuses-for-schools
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)
- Any relevant medical information
- Special educational needs
- Exclusions and behavioural information
- Assessment information
- 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)
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 for 6 years following a student’s last entry.
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)
- School nurse
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 to https://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 and for more information please follow the link below.
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/
GDPR Policies
Contact:
If you would like to discuss anything related to GDPR at KAT, please contact us.