Data Protection using pupil information

The General Data Protection Regulation: How we use pupil information and our Privacy Notice

Introduction

This notice is to help parents understand how and why West Wimbledon Primary School collects your child’s personal information and what we do with that information. It also explains the decisions that you can make about your child’s information.

We are giving you this notice because you are able to exercise your child’s data protection rights on their behalf. When your child is older (usually when they reach the age of 13) they will be considered mature enough to exercise their own data protection rights.

If you have any questions about this notice please write to the Headteacher.

What is “personal information”?

Personal information is information that the School holds about your child and which identifies your child.

This includes information such as their date of birth and address as well as things like exam results, medical details and behaviour records. The School may also record your child’s religion or ethnic group. CCTV, photos and video recordings of your child are also personal information.

How and why does the School collect and use personal information?

We set out below examples of the different ways in which we use personal information and where this personal information comes from. Our primary reason for using your child’s information is to provide your child with an education.

The admissions forms which you complete give us personal information about your child. We get information from your child, their teachers and other pupils. Your child’s old school also gives us information about your child if we need this to teach and care for them.

Sometimes we get information from your child’s doctor and other professionals where we need this to look after your child.

We collect this information to help the School run properly, safely and to let others know what we do here. Here are some examples:

  • We need to tell all appropriate members of staff if your child is allergic to something or might need extra help with some tasks.
  • We may need to share information about your child’s health and wellbeing with the School Nurse or counsellor.
  • We use CCTV to make sure the school site is safe. CCTV is not used in private areas such as changing rooms.
  • We may need to report some of your child’s information to the government. For example, we may need to tell the local authority that your child attends our school or let them know if we have any concerns about your child’s welfare.
  • We may need information about any court orders or criminal petitions which relate to your child. This is so that we can safeguard your child’s welfare and wellbeing and the other pupils at the school.
  • Depending on where your child will go when they leave us, we may need to provide their information to other schools. For example, we may share information about your child’s results and provide references. We may need to pass on information, which they need to look after your child.
  • We may need to share information with the police or our legal advisers if something goes wrong or to help with an inquiry. For example, if one of your child’s classmates is injured at school or if there is a burglary.
  • Occasionally we may use consultants, experts and other advisors to assist the School in fulfilling its obligations and to help run the School properly. We might need to share your child’s information with them if this is relevant to their work.
  • We may share some information with our insurance company to make sure that we have the insurance cover that we need.
  • We may share your child’s academic and (where fair) their behaviour records with you or their education guardian so you can support their schooling.
  • We will only share your child’s information with other people and organisations when we have a good reason to do so. In exceptional circumstances, we may need to share it more widely than we would normally.
  • We will monitor your child’s use of email, the internet and mobile electronic devices e.g. iPads. This is to check that your child is not misbehaving when using this technology or putting themselves at risk of harm. If you would like more information about this you can read the acceptable use of IT and email policy or speak to your child’s class teacher.
  • We may use photographs or videos of your child for our websites and social media sites or prospectus to show prospective pupils what we do here and to advertise the school. We may continue to use these photographs and videos after your child has left the school.
  • Sometimes we use photographs and videos for teaching purposes, for example, to record a drama lesson. If you have any concerns about us using photographs or videos of your child please speak to your child’s class teacher.
  • We publish our public exam results, sports fixtures and other news on the website and put articles and photographs in the local news to tell people about what we have been doing.
  • We sometimes use contractors to handle personal information on our behalf. The following are examples:

– IT consultants who might access information about your child when checking the security of our IT network; and
– we use third-party “cloud computing” services to store some information rather than the information being stored on hard drives located on the school site].

If you have any concerns about the above, please speak to your child’s class teacher or a member of the School’s Senior Leadership Team.

 Who do we share pupil information with?

We routinely share pupil information with:

  • The Department for Education. We share pupils’ data with the Department for Education on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.
  • Our local authority. We are required to share information about our pupils with our local authority under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.
  • The NHS, the School Nursing Sevice and the Targeted mental health in schools (TaMHS) worker we work with in
  • We also use Merton’s Speech and Language, its Educational Psychology team, and its Language Behaviour and Learning Support service, as well, as the LA’s SEN and Disabilities Integrated Service and an Occupational Therapy provider. As the result, we may need to share your child’s details with any of these professionals should the need for their specialist support arise. At that point, you would be contacted and advised of the purposes of that referral and the need for your consent.

Our legal grounds for using your information

This section contains information about the legal basis that we are relying on when handling your child’s information.

Public interests

This means that the processing of your child’s data is necessary for public interests. The School relies on public interests for most of the ways in which it uses your child’s information.

Specifically, the School has a public interest in:

  • Providing your child with an education.
  • Safeguarding and promoting your child’s welfare and the welfare of other children.
  • Promoting the objectives and interests of the School.
  • Facilitating the efficient operation of the School.
  • Ensuring that all relevant legal obligations of the School are complied with.

If you object to us using your child’s information where we are relying on our public interests as explained above please write to the Headteacher.

Legal obligation

Where the School needs to use your child’s information in order to comply with a legal obligation, for example, to report a concern about your child’s wellbeing to Children’s Services, we may also have to disclose your child’s  information to third parties such as the courts, the local authority or the police where legally obliged to do so.

Legitimate interest

Personal data may be processed on the basis that the school has a legitimate interest in processing that data, provided that such legitimate interest is not overridden by the rights or freedoms of the child.

The School must also comply with an additional condition where it processes special categories of personal information. These special categories include: personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic information, biometric information, health information, and information about sex life or orientation.

Vital interests

To protect the vital interests of any person where that person cannot give consent, for example, if they are seriously hurt and are unconscious.

Legal claims

The processing is necessary for the establishment, exercise or defence of legal claims. This allows us to share information with our legal advisors and insurers.

 Collecting Personal Information

We may ask for your consent to use your child’s information in certain ways. If we ask for your consent to use your child’s personal information you can take back this consent at any time. Any use of your child’s information before you withdraw your consent remains valid. Please speak to your child’s class teacher if you would like to withdraw any consent given.

Sending information to other countries

We may send your child’s information to countries which do not have the same level of protection for personal information as there is the UK. For example, we may store your child’s information on cloud computer storage based overseas or communicate with you about your child by email when you are overseas (for example, when you are on holiday).

The European Commission has produced a list of countries which have adequate data protection rules. The list can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

If the country that we are sending your information to is not on the list or, is not a country within the EEA (which means the European Union, Liechtenstein, Norway and Iceland) then, it might not have the same level of protection for personal information as there is the UK.

We will provide you with details about the safeguards which we have in place outside of this privacy notice. If you have any questions about the safeguards that are in place, please write to the Headteacher.

 For how long do we keep your child’s information?

We keep your child’s information for as long as we need to in order to educate and look after them. We will keep certain information after your child has left the School. In exceptional circumstances, we may keep your child’s information for a longer time than usual, but we would only do so if we had a good reason and only if we are allowed to do so under data protection law.

What decisions can you make about your child’s information?

From May 2018 you will be able to make various decisions about your child’s information. Some of these are new rights whilst others build on your child’s existing rights. Your child’s rights are as follows:

  • if information is incorrect you can ask us to correct it;
  • you can also ask what information we hold about your child and be provided with a copy. We will also give you extra information, such as why we use this information about your child, where it came from and what types of people we have sent it to;
  • you can ask us to delete the information that we hold about your child in certain circumstances. For example, where we no longer need the information;
  • you can ask us to send you, or another organisation, certain types of information about your child in a format that can be read by computer;
  • our use of information about your child may be restricted in some cases. For example, if you tell us that the information is inaccurate we can only use it for limited purposes while we check its accuracy.

Further information and guidance

This notice is to explain how we look after your child’s personal information. Members of the School’s Leadership Team can answer any questions which you might have.

Please speak Mrs Ali or Mrs Williamson if:

  • you object to us using your child’s information for marketing purposes e.g. to send your child information about school events. We will stop using your child’s information for marketing purposes if you tell us not to; or
  • you would like us to update the information we hold about your child; or
  • you would prefer that certain information is kept confidential.

If you consider that we have not acted properly when using your child’s personal information you can contact the Information Commissioner’s Office: https://ico.org.uk.