Brighton Hill Community School

7. Data Protection & Privacy Notice

Information & Policies

Published on - 18-04-2016

Scope

Brighton Hill Community School collects and uses personal information (referred to in the Data Protection Act 1998 as personal data) about staff, students, parents and other individuals who come into contact with the school. This information is gathered in order to enable the provision of education and other associated functions. In addition, the school may be required by law to collect, use and share certain information. 

The school is registered as a Data Controller, with the Information Commissioner’s Office (ICO). Details are available at www.ico.org.uk. 

On joining Brighton Hill Community School, students and parents/carers are issued with a Privacy Notice. This summarises the information held on students, why it is held and the other organisations with whom it may be shared. 

Purpose

This policy sets out how the school deals with personal information correctly and securely, and in accordance with the Data Protection Act 1998, and other related legislation. 

This policy applies to all personal information, however it is collected, used, recorded and stored, regardless of whether it is held on paper or electronically. 

All employees and Governors involved with the collection, use, processing or disclosure of personal data will be aware of their duties and responsibilities, and will adhere to this policy.

What is Personal Information?

Personal information, or data, is information which relates to a living individual, who can be identified from that data, or from that data in addition to other information available to them.

Personal data includes, but is not limited to, an individual’s, name, address, date of birth, photograph, bank details and other information that identifies them. 

Data Protection Principles

The Data Protection Act 1998 establishes eight principles that must be adhered to at all times.

 

  1. Personal data shall be processed fairly and lawfully. 
  2. Personal data shall be obtained only for one or more specified and lawful purposes.
  3. Personal data shall be adequate, relevant and not excessive. 
  4. Personal data shall be accurate and where necessary, kept up to date. 
  5. Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose or those purposes. 
  6. Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act 1998. 
  7. Personal data shall be kept secure i.e. protected by an appropriate degree of security. 
  8. Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of data protection. 

 

Commitment

Brighton Hill Community School is committed to maintaining the above principles at all times.

Therefore the school will: 

 

  1. inform individuals why personal information is being collected; 
  2. inform individuals when their information is shared, and why and with whom unless the Data Protection Act provides a reason not to do this; 
  3. check the accuracy of the information it holds and review it at regular intervals; 
  4. ensure that only authorised personnel have access to the personal information whatever medium (paper or electronic) it is stored in; 
  5. ensure that clear and robust safeguards are in place to ensure personal information is kept securely and to protect personal information from loss, theft and unauthorised disclosure, irrespective of the format in which it is recorded; 
  6. ensure that personal information is not retained longer than it is needed; 
  7. ensure that when information is destroyed that it is done so appropriately and securely; 
  8. share personal information with others only when it is legally appropriate to do so; 
  9. comply with the duty to respond to requests for access to personal information; 
  10. ensure that personal information is not transferred outside the EEA without the appropriate safeguards; and 
  11. ensure all employees and Governors are aware of, and understand, these policies and procedures. 

 

Personal data, whether pertaining to employees or students, sent via e-mail, must be clearly labelled as ‘confidential’. Personal data sent as an e-mail attachment must be clearly labelled as ‘confidential’, both in the file name and the document itself. 

Subject Access Rights

Individuals have a right to access any personal data relating to them which are held by the school. Any student wishing to exercise this right should apply in writing to their Head of Year. Any employee wishing to exercise this right should apply in writing to the Staffing & Business Leader. 

Brighton Hill Community School reserves the right to charge a fee for data subject access requests. Currently, this is set at £25.00. 

CCTV

Brighton Hill Community School operates a CCTV system for the purpose of protecting students, employees and property. Brighton Hill Community School will only process any personal data obtained by the CCTV system in a manner which ensures compliance with the legislation. 

Employees may only view images captured by the CCTV system with the permission of a member of the senior leadership team. 

Complaints

Complaints will be dealt with in accordance with the school’s Complaints Policy. Please note that complaints relating to the handling of personal information may be referred to the Information Commissioner, who can be contacted at the following address. 

Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF 

Last ratified: April 2016 

Review before: April 2018


PRIVACY NOTICE

Privacy Notice (How we use pupil information)

As a maintained school, Brighton Hill Community School is required to hold a certain amount of information about your child, which may be shared with further education providers or other recognised educational bodies, when your child leaves our school.

The categories of pupil information that we collect, hold and share include:

Why we collect and use this information

We use the pupil data:

The lawful basis on which we use this information

We collect and use pupil information under the Education Act (1996) 

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 at least until the passing of the child’s 25th birthday.

Who we share pupil information with

We routinely share pupil information with:

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.

Data collection requirements:

To find out more about the data collection requirements placed on us by the Department for Education, go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

Youth support services

Pupils aged 13+

Once our pupils reach the age of 13, we also pass pupil information to our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996. 

This enables them to provide services as follows:

A parent or guardian can request that only their child’s name, address and date of birth is passed to their local authority or provider of youth support services by informing us. This right is transferred to the child / pupil once he/she reaches the age 16. 

Pupils aged 16+ 

We will also share certain information about pupils aged 16+ with our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.

This enables them to provide services as follows: 

For more information about services for young people, please visit our local authority website. 

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 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:

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:

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 your child’s Head of Year.

If you want to see a copy of the information about your child that we hold and/or share, please contact your child’s Head of Year. 

You also have the right to:

If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact 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:

Mr. G. Wilkinson

Assistant Head