GDPR

Downs View Privacy Notice
(How we use pupil information)

General Data Protection Regulations(GDPR)

On the 25th May 2018 there are some changes that affect all organisations and individuals regarding the handling and processing of data. This includes the data recorded and used and the length of time it is stored. Downs View has appointed a Data Protection Officer who will ensure that data is processed fairly, lawfully and that any breaches are reported to the appropriate body, investigated and that any improvements will be put in place to ensure data handling meets the requirements of 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, post 16 courses enrolled for and any relevant results)
    • behavioural information (such as exclusions and any relevant alternative provision put in place)
    • School trips and Residentials
    • This list is not exhaustive and access to the detailed list will be made available on the web site.

Why we collect and use pupil information

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

  • a) to support pupil learning
    b) to monitor and report on pupil attainment progress
    c) to provide appropriate pastoral care
    d) to assess the quality of our services
    e) to keep children safe (food allergies, or emergency contact details)
    f) to meet the statutory duties placed upon us for DfE data collections
    g) to ensure medical needs are met and maintained.
    h) to provide support and services to you and your children
    i) organise meeting the needs of students care including medicines, treatment and food.

Under the General Data Protection Regulation (GDPR), the lawful basis we rely on for processing pupil information are:

Contained in article 6

f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.

This includes for the purposes of data process management, recording and reporting in accordance with the legal basis of public tasks.
Contained in article 6

a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

for the purposes of taking pictures/electronic media of a specific student and its use on internal documents, websites and marketing materials such as prospectus. Also included will be not emergency use of mobile numbers and emails. The privacy policy will be updated on the web site and any relevant consent updated shortly.

In addition, concerning any special category data contained in article 9:

(b) 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 providing for appropriate safeguards for the fundamental rights and the interests of the data subject;

(f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
How we collect pupil information

We collect pupil information via Common Transfer Files from other schools which are sent secure file transfer via DFE restricted data networks. We also use registrations forms which are entered into the SIMs systems which is a requirement for contact, health and attendance requirements. This is updated when the annual data collection forms are sent out for parents and carers to update them.

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 the data protection legislation, 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.

How we store 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 contact the school office at

office@www.downsview.brighton-hove.sch.uk

Data is stored on secure servers and systems which are managed and maintained by the Brighton and Hove authority ICT Teams. Any pupil files are stored in locked storage areas to restrict access.

Who we share pupil information with

We routinely share pupil information with:

• schools that the pupils attend after leaving us
• our local authority
• youth support services (pupils aged 13+)
• the Department for Education (DfE)
• school therapists and specialist such as NHS, including Nurses, Doctors, Occupational and Physio therapists.
• Social Workers involved in the Educational Health Care Plans of students.
• Medical and dietary needs with the teams working with your child to ensure appropriate care.

Why we regularly 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.

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:

• youth support services
• careers advisers

The information shared is limited to the child’s name, address and date of birth. However where a parent or guardian provides their consent, other information relevant to the provision of youth support services will be shared. This right is transferred to the child / pupil once they reach the age 16.
Data is securely transferred to the youth support service via Brighton and Hove Secure File Transfer and is stored within the Capita SIMs(School Information Management System).

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:

  • • post-16 education and training providers
    • youth support services
    • careers advisers

Data is securely transferred to the youth support service via Brighton and Hove Secure File Transfer and is stored within the Capita SIMs(School Information Management System).

For more information about services for young people, please visit the Brighton and Hove local authority website.

https://www.brighton-hove.gov.uk/content/children-and-education/schools

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 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.
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 :

dpo@www.downsview.brighton-hove.sch.uk

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
• a right to seek redress, either through the ICO, or through the courts

If you have a concern or complaint 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/

Contact

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

WillTaylor@www.downsview.brighton-hove.sch.uk
DPO@Downsview.brighton-hove.sch.uk

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, school GCSE results or 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

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