How we use pupil information

Under data protection law, individuals have a right to be informed about how we use any personal data that we hold about them.  We comply with this right by providing ‘privacy notices’ to individuals where we are processing their personal data, and by having a Data Protection Policy. 

This notice explains how we collect, store and use personal data about our pupils.  We, Cherry Burton CE Primary School are the data controller for the purposes of data protection law.  Our school has an appointed Data Protection Officer, whose role is to oversee and monitor the school’s data protection procedures, and to ensure that the school is compliant with data protection laws (Data Protection Act 2018 and the General Data Protection Regulation (GDPR).  

The categories of pupil information that we process include:

• personal identifiers and contacts (such as name, unique pupil number, contact details and address)
• characteristics (such as ethnicity, language, and free school meal eligibility)
• safeguarding information (such as court orders and professional involvement)
• special educational needs (including the needs and ranking)
• medical and administration (such as doctors information, child health, dental health, allergies, medication and dietary requirements)
• attendance (such as sessions attended, number of absences, absence reasons and any previous schools attended)
• assessment and attainment (such as key stage 1 and phonics results)
• behavioural information (such as exclusions and any relevant alternative provision put in place)
• episodes of being a child in need (such as referral information, assessment information, Section 47 information, Initial Child Protection information and Child Protection Plan information)
• episodes of being looked after (such as important dates, information on placements)
• outcomes for looked after children (such as whether health and dental assessments are up to date, strengths and difficulties questionnaire scores and offending)
• adoptions (such as dates of key court orders and decisions)
• financial data (such eligibility for free school meals or other financial assistance)
• grant information (such as eligibility for pupil premium service)
• biometrics information (used for cashless transactions made by students for catering or other transactions)
• visual imagery (such as video and photography images used by the school to promote the school and any school activities e.g. school sports day)

This list is not exhaustive, a detailed list of categories of information we process is recorded on the schools Information Asset Register. 

Why we collect and use pupil information

The personal data collected is essential, for the school to fulfil their official functions and meet legal requirements.

We collect and use pupil information, for the following purposes:

1. to support pupil learning
2. support Children in Need and Looked After Children and monitor their progress
3. to monitor and report on pupil attainment progress
4. to provide appropriate pastoral care
5. to assess the quality of our services
6. to keep children safe (food allergies, or emergency contact details)
7. to meet the statutory duties placed upon us by the Department for Education
8. evaluate and improve our policies

Under data protection laws, the main lawful bases we rely on for processing pupil information are:

• the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
• processing is necessary for compliance with a legal obligation to which the controller is subject; and
• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In addition the legal basis for processing any special categories information is:

• processing is necessary for reasons of substantial public interest,
• the data subject has given explicit consent to the processing of those personal data for one or more specified purposes,

Collecting pupil information

We collect pupil information throughout a pupil’s time at school, but in particular from the pupil registration from when they start at the school.  We may also obtain information from third parties such as their previous school, by Common Transfer File.    

Pupil data is essential for the schools’ operational use. Whilst the majority of pupil information you provide to us is mandatory, some of it requested on a voluntary basis. In order to comply with data protection laws, 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 and we will tell you what you need to do if you do not want to share this information with us.

Storing pupil data

We hold pupil data securely for the set amount of time shown in our data retention schedule. For more information on our data retention schedule and how we keep your data safe, please contact our Data Protection Officer.

Who we share pupil information with

We routinely share pupil information with:

• schools
• local authorities
• the Department for Education (DfE)
• Your family and representatives
• Educators and examining bodies
• Our regulator Ofsted (the organisation or “watchdog” that supervises us)
• Suppliers and service providers – so that they can provide the services we have contracted them for eg school meals
• Financial organisations
• Central and local government
• Our auditors
• Survey and research organisations
• Health authorities
• Security organisations
• Health and social welfare organisations
• Professional advisers and consultants
• Charities and voluntary organisations
• Police forces, courts, tribunals
• Professional bodies
• School Clubs
• The Diocese for York
• Public Health England
• NHS Track and Trace

Department for Education

The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about our pupils with the Department for Education (DfE) either directly or via our local authority for the purpose of those data collections, under:

Section 537A of the Education Act 1996 and Regulation 6 (d) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Registrations 2009.

Section 47 of the Statistics and Registration Service Act 2007 and the Statistics and Registration Service Act 2007 (Disclosure of Pupil Information) (England) Regulations 2009.

school census: section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.

We share children in need and children looked after data with the Department on a statutory basis, under Section 83 of 1989 Children’s Act, Section 7 of the Young People’s Act 2008 and also 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 your data’ section.

Local Authorities

We may be required to share information about our pupils with the local authority to ensure that they can conduct their statutory duties under

• the Schools Admission Code, including conducting Fair Access Panels.
•  

Requesting access to your personal data

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 the School’s Data Protection Officer.

Depending on the lawful basis above, you may 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
• a right to seek redress, either through the ICO, or through the courts

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/

For further information on how to request access to personal information held centrally by DfE, please see the ‘How Government uses your data’ section of this notice.

Withdrawal of consent and the right to lodge a complaint

Where we are processing your personal data with your consent, you have the right to withdraw that consent. If you change your mind, or you are unhappy with our use of your personal data, please let us know by contacting the School’s Data Protection Officer at cherryburton.primary@eastriding.gov.uk

Last updated

We may need to update this privacy notice periodically so we recommend that you revisit this information from time to time. This version was last updated on 24th January 2020

Contact

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

Mrs Bev Rowley on 01964 550445

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, 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)

Much of the 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.

To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-and-supporting-information

Sharing by the Department

The law allows the Department to share pupils’ personal data with certain third parties, including:

• schools
• local authorities
• researchers
• 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:

https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

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

How to find out what personal information DfE hold about you

Under the terms of the Data Protection Act 2018, you are entitled to ask the Department:

• if they are processing your personal data
• for a description of the data they hold about you
• the reasons they’re holding it and any recipient it may be disclosed to
• for a copy of your personal data and any details of its source

If you want to see the personal data held about you by the Department, you should make a ‘subject access request’.  Further information on how to do this can be found within the Department’s personal information charter that is published at the address below:

https://www.gov.uk/government/organisations/department-for-education/about/personal-information-charter

To contact DfE: https://www.gov.uk/contact-dfe

How we use workforce information

Under data protection law, individuals have a right to be informed about how we use any personal data that we hold about them.  We comply with this right by providing ‘privacy notices’ to individual’s where we are processing their personal data, and by having a Data Protection Policy. 

This notice explains how we collect, store and use personal data about individuals we employ, or otherwise engage, to work at our school.  We, Cherry Burton VC Primary School are the data controller for the purposes of data protection law.  Our school has an appointed Data Protection Officer, whose role is to oversee and monitor the school’s data protection procedures, and to ensure that the school is compliant with data protection laws the (Data Protection Act 2018 and the General Data Protection Regulation (GDPR).  

The categories of school workforce information that we process

These include:

• personal information (such as name, employee or teacher number, national insurance number)
• characteristics information (such as gender, age, ethnic group)
• contract information (such as start date, hours worked, post, roles and salary information) 
• work absence information (such as number of absences and reasons)
• qualifications (and, where relevant, subjects taught)
• performance information (such as appraisals and performance reviews)
• medical information (such as medical conditions and doctors information)
• financial or payroll information (such as bank details, pension information)
• maternity/paternity pay information
• criminal records information (including results of disclosure and barring service (DBS) checks)

Why we collect and use workforce information

We use workforce data to:               

1. enable the development of a comprehensive picture of the workforce and how it is deployed
2. inform the development of recruitment and retention policies
3. enable individuals to be paid and ensure the correct calculation of tax, national insurance and pension contributions
4. liaise with pension providers
5. assist employees with personal development and the development of the schools service
6. ensure the safety and wellbeing of our workforce and pupils

Under the General Data Protection Regulation (GDPR), the legal basis we rely on for processing personal information for general purposes include:

• the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
• processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract and;
• processing is necessary for compliance with a legal obligation to which the controller is subject;

In addition, the legal basis for processing any special categories information is:

• processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law
• the data subject has given explicit consent to the processing of those personal data for one or more specified purposes,

Collecting workforce information

We collect personal information from an employee application form and direct from the employee themselves on the start of their employment. We may also obtain information from a previous employer as well as regulatory authorities such as the local authority or HMRC.

Workforce data is essential for the school’s / local authority’s operational use. Whilst the majority of personal information you provide to us is mandatory, some of it is requested on a voluntary basis. In order to comply with data protection laws, we will inform you at the point of collection, whether you are required to provide certain information to us or if you have a choice in this and we will tell you what you need to do if you do not want to share this information with us.

Storing workforce information

We hold data securely for the set amount of time shown in our data retention schedule. For more information on our data retention schedule and how we keep your data safe, please contact the School Business Manager.

Who we share workforce information with

We routinely share this information with:

• our local authority (where applicable)
• the Department for Education (DfE)
• our payroll provider
• pension schemes
• information may also be published to the school website – this will not include data of a sensitive nature
• HMRS
• DBS

Why we share school workforce information

We do not share information about our workforce members with anyone without consent unless the law and our policies allow us to do so.

Local authority

We are required to share information about our workforce members with our local authority (LA) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.

Department for Education

The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about workforce with the Department for Education (DfE) for the purpose of those data collections, under:

We share personal data with the Department for Education (DfE) on a statutory basis. This data sharing underpins workforce policy monitoring, evaluation, and links to school funding, expenditure and the assessment for educational attainment.

We are required to share information about our school employees with the Department for Education (DfE) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.

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 your data’ section.

Requesting access to your personal data

Under data protection legislation, you have the right to request access to information about you that we hold. To make a request for your personal information, contact the School’s Data Protection Officer.

Depending on the lawful basis above, you may 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
• a right to seek redress, either through the ICO, or through the courts

If you have a concern about the way we are collecting or using your personal data, we ask 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/

For further information on how to request access to personal information held centrally by DfE, please see the ‘How Government uses your data’ section of this notice.

Withdrawal of consent and the right to lodge a complaint

Where we are processing your personal data with your consent, you have the right to withdraw that consent. If you change your mind, or you are unhappy with our use of your personal data, please let us know by contacting the School Business Manager.

Last updated

We may need to update this privacy notice periodically so we recommend that you revisit this information from time to time. This version was last updated on 20^th January 2020.

How Government uses your data

The workforce data that we lawfully share with the DfE through data collections:

• informs departmental policy on pay and the monitoring of the effectiveness and diversity of the school workforce
• links to school funding and expenditure
• supports ‘longer term’ research and monitoring of educational policy

Data collection requirements

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

Sharing by the Department

The Department may share information about school employees with third parties who promote the education or well-being of children or the effective deployment of school staff in England by:

• conducting research or analysis
• producing statistics
• providing information, advice or guidance

The Department has robust processes in place to ensure that the confidentiality of personal data is maintained and there are stringent controls in place regarding access to it and its use. Decisions on whether DfE releases personal 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 securely store and handle the data

To be granted access to school workforce information, organisations must comply with its strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.

How to find out what personal information DfE hold about you

Under the terms of the Data Protection Act 2018, you’re entitled to ask the Department:

• if they are processing your personal data
• for a description of the data they hold about you
• the reasons they’re holding it and any recipient it may be disclosed to
• for a copy of your personal data and any details of its source

If you want to see the personal data held about you by the Department, you should make a ‘subject access request’.  Further information on how to do this can be found within the Department’s personal information charter that is published at the address below:

https://www.gov.uk/government/organisations/department-for-education/about/personal-information-charter

To contact the department: https://www.gov.uk/contact-dfe