Data Protection Officer: Claire Mehegan
The GDPR, or General Data Privacy Regulation, May 2018
Privacy Notice (How we use pupil information)
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, absence reasons and lates)
- Medical information
- Behavioural& Exclusion information
- Payment information
- SEN information
- Assessment information
- Safeguarding information
- Funding information
- Free school meal information
Why we collect and use this information
We use the pupil data:
- to support pupil learning
- to monitor and report on pupil progress
- to provide appropriate pastoral care
- to assess and improve the quality of our services
- to comply with the law regarding data sharing
- to safeguard children
- to facilitate payments to school
The lawful basis on which we use this information
We collect and use pupil information under
Article 6, Processing is necessary to comply with legal obligations of the controller
Article 9, It is necessary to fulfil the obligations of controller or of data subject. St. Paul’s CE Primary School is legally required to collect and process data for the purposes of the Department of Education’s Census in the Education Act 1996 – this information can be found in the census guide documents on the following website www.gov.uk/education/data-collection-and-censuses-for-schools
Our lawful basis for collecting and processing pupil information is defined under Article 6, and the following sub-paragraphs in the GDPR apply:
- (a) Data subject gives consent for one or more specific purposes.
- (c) Processing is necessary to comply with the legal obligations of the controller.
- (d) Processing is necessary to protect the vital interests of the data subject.
- (e) Processing is necessary for tasks in the public interest or exercise of authority vested in the controller.
Our lawful basis for collecting and processing pupil information is also further defined under Article 9, in that some of the information we process is deemed to be sensitive, or special, information and the following sub-paragraphs in the GDPR apply:
- (a) The data subject has given explicit consent.
- (b) It is necessary to fulfill the obligations of controller or of data subject.
- (c) It is necessary to protect the vital interests of the data subject.
- (d) Processing is carried out by a foundation or not-for-profit organisation (includes religious, political or philosophical organisations and trade unions)
- (g) Reasons of public interest in the area of public health
- (h) Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment
- (i) It is in the public interest.
An example of how we use the information you provide is:
The submission of the school census returns, including a set of named pupil records, is a statutory requirement on schools under Section 537A of the Education Act 1996.
Putting the school census on a statutory basis:
- means that schools do not need to obtain parental or pupil consent to the provision of information
- ensures schools are protected from any legal challenge that they are breaching a duty of confidence to pupils
- helps to ensure that returns are completed by schools
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 a choice will be written as optional.
Storing pupil data
We hold pupil data whilst the child remains at St. Paul’s CE Primary School. The file will follow the pupil when he / she leaves St. Paul’s CE Primary School. Please refer to our Data Retention Policy for further information. This will be available on the school website once it has been approved by the school governors.
We have data protection policies and procedures in place, including strong organisational and technical measures, which are regularly reviewed.
Who we share pupil information with
We routinely share pupil information with:
- schools that the pupils attend after leaving us
- our local authority
- the Department for Education (DfE)
- the London Diocesan Boards for Schools Academies Trust
- IT support company
- Health authority
- Assessment packages
- Educational software packages
- Web based training packages
- Bodies providing residential trips, where appropriate
- School administration software packages
- Catering Company
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.
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 (for example; via the school census) go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.
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:
- 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.