Privacy Notice – St Michael's Church of England Primary School

This document explains what information will be held about your child, how it will be held and processed by St Michael's CE Primary School.  You can also find out about the General Data Protection Regulations and Data Protection Act 2018 and your rights on the Information Commissioners Website  www.ico.org.uk .

This document contains information about:

1. Why we collect your personal information
2. The categories of pupil information that we collect, hold and share
3. Collecting pupil data
4. Storing pupil data
5. The lawful basis on which we use this information
6. Who we share pupil information with
7. Requesting access to your personal data
8. How to contact us for further information

1.   Why we collect your personal information

Within School, we use pupil data:

• to support pupil learning
• to monitor and report on pupil progress
• to provide appropriate pastoral care
• to have relevant medical information on each child
• to protect pupil welfare
• to have emergency contacts for each child
• to assess the quality of our services
• to comply with the law regarding data sharing, including sharing data with the local authority and Department for Education.

We will also receive information from your child’s previous school or pre-school, local authority, the Department for Education (DfE) and the Learning Records Service (LSR)

Schools and local authorities have a (legal) duty under the General Data Protection Regulation (GDPR) to ensure that any personal data they process is handled and stored securely.

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

• Personal information (such as name, unique pupil number, date of birth 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 information
• Special Educational Needs information
• Behavioural information (such as exclusion details, positive rewards)
• Relevant medical information
• Safeguarding information
• Photographs
• CCTV images captured in school

3.   Collecting pupil information

Whilst the majority of pupil information you provide to us is mandatory, some of it is provided 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.

4.   Storing and retaining pupil information

We keep information about pupils on computer systems and sometimes on paper.

We hold pupils’ education records securely until they change school.  The records will then be transferred to the new school, where they will be retained until you reach the age of 25, after which they will be safely destroyed.

Full details of our data retention schedule can be found in the Information Management Toolkit for Schools  found on our website.

5.   The lawful basis on which we use this information

We only collect and use pupils’ personal data when the law allows us to. Most commonly, we process it where:

• We need to comply with a legal obligation (eg The Education Act 1996)
• We need it to perform an official task in the public interest

Less commonly, we may also process pupils’ personal data in situations where:

• We have obtained consent to use it in a certain way
• We need to protect the individual’s vital interests (or someone else’s interests)

Where we have obtained consent to use pupils’ personal data, this consent can be withdrawn at any time. We will make this clear when we ask for consent, and explain how consent can be withdrawn.

Some of the reasons listed above for collecting and using pupils’ personal data overlap, and there may be several grounds which justify our use of this data.

We also need to use sensitive personal data called “special category data” which requires more protection to keep it safe. This is often information you would not want to be widely known and is very personal to you. It includes:-

• Religious beliefs
• Ethnicity
• Language
• Country of Birth
• Nationality
• Service Child Indicator

We will take extra care of this data. The legal reason for us to collect and use this personal information is:

• to perform our statutory duties and it is required by law
• for reasons of public interest

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. It is possible for parents to refuse to provide data on nationality and country of birth, please contact us if you wish to discuss this.

6.   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)
• Educators and examining bodies eg for administration of Key Stage 2 SATs
• Professional bodies, advisors and consultants
• Catering and Free School Meal Providers
• School Nurse (inoculations/height and weght checks/school health checks)
• NHS Vision Service (for school eyesight checks)
• NHS Dental Service (for school dental checks)

We may also share basic pupil data with the following in order to set up:

• Teaching & learning websites for pupils to use in school and /or at home
• Text messaging service for parents
• Online parents’ evening booking system
• Online payments services
• School photo service

As part of the statutory school inspection process,  we are required to share pupil information with our regulators, OfSTED and SIAMS (Statutory Inspection of Anglican and Methodist Schools).  Information may also be shared with our auditors.  Where possible such data is anonymised before sharing.

Occasionally we may share information with the Health and Safety Executive as part of our legal obligation to report certain accidents/incidents/near misses under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).

6.1 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.

Department for Education (DfE)

We share pupil 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 Local Authority

We share pupil data with the local authority on a statutory basis. There are several acts and regulations that require the share of data between schools and the local authority including;

• Education Act 1996
• Education Act 2002
• Education and Inspections Act 2006
• Education (Pupil Registration) (England) Regulations 2006
• Education (Information About Individual Pupils) (England) Regulations 2013
• Education (Pupil Registration) (Amendment) (England) Regulations 2016
• Education Act 2002, as amended by the Education Act 2011;
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012;
• Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, as amended by the Education (Provision of Full-Time Education for Excluded Pupils) (England) (Amendment) Regulations 2014.

The local authority also provide information to the Health Service and the LA Youth Service on behalf of the school.  Where possible data is anonymised before sharing.

6.2 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.

6.3 The National Pupil Database

The National Pupil Database (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 the 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
• 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 the DfE: https://www.gov.uk/contact-dfe

7.   Requesting access to personal data (Subject Access Request)

Under data protection legislation, parents and pupils have the right to request access to information about them that we hold.

Parents/carers can make a request with respect to their child’s data where the child is not considered mature enough to understand their rights over their own data (usually under the age of 12), or where the child has provided consent.

Parents also have the right to make a subject access request with respect to any personal data the school holds about them.

To make a Subject Access Request for personal information please contact our Data Protection Lead, Emily Marshall. See ‘How to contact us’ below.

As an Academy, there is no automatic parental right of access to your child’s educational record.   We may choose to provide this upon request, however the best interests of the child will always be considered. To request access to your child’s educational record, please contact The Board of Directors, via the School Office.

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
• 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, 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/

8.  Complaints

We take any complaints about our collection and use of personal information very seriously.

If you think that our collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about our data processing, please raise this with our Data Protection Lead in the first instance; contact details are shown below.

To make a complaint, please contact our Data Protection Officer, contact details are shown below.

Alternatively, you can make a complaint direct to the Information Commissioner’s Office

9.  How to contact us for further information

If you have a concern about how we are using your information, we would ask you to contact us:

Our school-based Data Protection lead is  Emily Marshall (School Business Man

ger, St Michael's CE Primary School)

Telephone:  01202 290497

Email:  emily.marshall@stmichaelsprimary.bournemouth.sch.uk

Address: Emily Marshall , St Michael's  CE Primary School, Somerville Road, Bournemouth BH2 5LH

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Our independent Data Protection Officer is Mrs Paula Harvey (School Business Manager, Muscliff Primary School)       Telephone: 01202 549654

Email: paula.harvey@muscliffprimary.co.uk

Address: Mrs Paula Harvey, Muscliff Primary School, Broadway Lane, Throop, Bournemouth. BH8 0AB

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Information Commissioner

For further information about Information Rights legislation or to make a complaint, please contact the Information Commissioner’s Office at www.ico.org.uk  or telephone 0303 123 1113  or write to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Concerns can also be reported online at https://ico.org.uk/concerns/