Date of first implementation: May 2018
Date of last review: May 2024
Date of next review: May 2025
1. AIMS
Our school aims to ensure that all personal data collected about staff, pupils, parents, trustees, visitors and other individuals is collected, stored and processed in accordance with the General Data Protection Regulation (GDPR) and the expected provisions of the Data Protection Act 2018 (DPA 2018) as set out in the Data Protection Bill. This policy applies to all personal data, regardless of whether it is in paper or electronic format.
2. LEGISLATION AND GUIDANCE
This policy meets the requirements of the:
• UK General Data Protection Regulation (UK GDPR) – the EU GDPR was incorporated into UK legislation, with some amendments, by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020
• Data Protection Act 2018 (DPA 2018) It is based on guidance published by the Information Commissioner’s Office (ICO) on the UK GDPR and guidance from the Department for Education (DfE) on Generative artificial intelligence in education. It meets the requirements of the Protection of Freedoms Act 2012 when referring to our use of biometric data. It also reflects the ICO’s guidance for the use of surveillance cameras and personal information. In addition, this policy complies with our funding agreement and articles of association.
3. DEFINITIONS
Personal data:
Any information relating to an identified, or identifiable, individual. This may include the individual’s:
• Name (including initials)
• Identification number
• Location data
• Online identifier, such as a username.
It may also include factors specific to the individual’s
physical, physiological, genetic, mental, economic,
cultural or social identity.
Special categories of personal data:
Personal data which is more sensitive and so needs more protection, including information about an individual’s:
• Racial or ethnic origin
• Political opinions
• Religious or philosophical beliefs
• Trade union membership
• Genetics
• Biometrics (such as fingerprints, retina and iris patterns), where used for identification purposes
• Health – physical or mental
• Sex life or sexual orientation
Processing:
Anything done to personal data, such as collecting,
recording, organising, structuring, storing, adapting,altering, retrieving, using, disseminating, erasing or
destroying.
Processing can be automated or manual.
Data subject:
The identified or identifiable individual whose personal
data is held or processed.
Data controller:
A person or organisation that determines the purposes
and the means of processing of personal data.
Data processor:
A person or other body, other than an employee of the
data controller, who processes personal data on behalf
of the data controller.
Personal data breach:
A breach of security leading to the accidental or
unlawful destruction, loss, alteration, unauthorised
disclosure of, or access to personal data.
4. THE DATA CONTROLLER
Our school processes personal data relating to parents, pupils, staff, trustees, visitors and others, and therefore is a data controller. The school is registered as a data controller with the ICO and will renew this registration annually or as otherwise legally required.
5. ROLES AND RESPONSIBILITIES
This policy applies to all staff employed by our school, and to external organisations or individuals working on our behalf. Staff who do not comply with this policy may face disciplinary action.
5.1 BOARD OF TRUSTEES
The Board of Trustees has overall responsibility for ensuring that our school complies with all relevant data protection obligations.
5.2 DATA PROTECTION OFFICER
The data protection officer (DPO) is responsible for overseeing the implementation of this policy, monitoring our compliance with data protection law, and developing related policies and guidelines where applicable. They will provide an annual report of their activities directly to the board of trustees and, where relevant, report to the board their advice and recommendations on school data protection issues. The DPO is also the first point of contact for individuals whose data the school processes, and for the ICO. Full details of the DPO’s responsibilities are set out in their job description. Our DPO is Mr Andrew Pilbury and is contactable via apilbury@tytheringtonschool.co.uk
5.3 HEADTEACHER
The Headteacher acts as the representative of the data controller on a day-to-day basis.
5.4 ALL STAFF
Staff are responsible for:
• Collecting, storing and processing any personal data in accordance with this policy
• Informing the school of any changes to their personal data, such as a change of address
• Contacting the DPO in the following circumstances:
6. DATA PROTECTION PRINCIPLES
The GDPR is based on data protection principles that our school must comply with. The principles say that personal data must be:
• Processed lawfully, fairly and in a transparent manner
• Collected for specified, explicit and legitimate purposes • Adequate, relevant and limited to what is necessary to fulfil the purposes for which it is processed
• Accurate and, where necessary, kept up to date
• Kept for no longer than is necessary for the purposes for which it is processed • Processed in a way that ensures it is appropriately secure This policy sets out how the school aims to comply with these principles.
7. COLLECTING PERSONAL DATA
7.1 LAWFULNESS, FAIRNESS AND TRANSPARENCY We will only process personal data where we have one of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:
• The data needs to be processed so that the school can fulfil a contract with the individual, or the individual has asked the school to take specific steps before entering into a contract
• The data needs to be processed so that the school can comply with a legal obligation • The data needs to be processed to ensure the vital interests of the individual e.g. to protect someone’s life
• The data needs to be processed so that the school, as a public authority, can perform a task in the public interest, and carry out its official functions
• The data needs to be processed for the legitimate interests of the school or a third party (provided the individual’s rights and freedoms are not overridden)
• The individual (or their parent/carer when appropriate in the case of a pupil) has freely given clear consent For special categories of personal data, we will also meet one of the special category conditions for processing under data protection law (GDPR and Data Protection Act 2018):
• The individual (or their parent/carer when appropriate in the case of a pupil) has given explicit consent
• The data needs to be processed to perform or exercise obligations or rights in relation to employment, social security or social protection law
• The data needs to be processed to ensure the vital interests of the individual or another person, where the individual is physically or legally incapable of giving consent
• The data has already been made manifestly public by the individual
• The data needs to be processed for the establishment, exercise or defence of legal claims
• The data needs to be processed for reasons of substantial public interest as defined in legislation
• The data needs to be processed for health or social care purposes, and the processing is done by, or under the direction of, a health or social work professional or by any other person obliged to confidentiality under law
• The data needs to be processed for public health reasons, and the processing is done by, or under the direction of, a health professional or by any other person obliged to confidentiality under law
• The data needs to be processed for archiving purposes, scientific or historical research purposes, or statistical purposes, and the processing is in the public interest For criminal offence data, we will meet both a lawful basis and a condition set out under data protection law. Conditions include:
• The individual (or their parent/carer when appropriate in the case of a pupil) has given consent
• The data needs to be processed to ensure the vital interests of the individual or another person, where the individual is physically or legally incapable of giving consent
• The data has already been made manifestly public by the individual
• The data needs to be processed for or in connection with legal proceedings, to obtain legal advice, or for the establishment, exercise or defence of legal rights
• The data needs to be processed for reasons of substantial public interest as defined in legislation If we offer online services to pupils, such as classroom apps, and we intend to rely on consent as a basis for processing, we will get parental consent where the pupil is under 13 (except for online counselling and preventive services). Whenever we first collect personal data directly from individuals, we will provide them with the relevant information required by data protection law.
7.2 LIMITATION, MINIMISATION AND ACCURACY
We will only collect personal data for specified, explicit and legitimate reasons. We will explain these reasons to the individuals when we first collect their data. If we want to use personal data for reasons other than those given when we first obtained it, we will inform the individuals concerned before we do so, and seek consent where necessary. Staff must only process personal data where it is necessary in order to do their jobs. We will keep data accurate and, where necessary, up to date. Inaccurate data will be rectified or erased when appropriate. When staff no longer need the personal data they hold, they must ensure it is deleted or anonymised. This will be done in accordance with the school’s ‘Retention Policy’.
8. SHARING PERSONAL DATA
We will not normally share personal data with anyone else, but may do so where:
• There is an issue with a pupil or parent/carer that puts the safety of our staff at risk
• We need to liaise with other agencies – we will seek consent as necessary before doing this
• Our suppliers or contractors need data to enable us to provide services to our staff and pupils – for example, IT companies. When doing this, we will:
9.1 SUBJECT ACCESS REQUESTS
Individuals have a right to make a ‘subject access request’ to gain access to personal information that the school holds about them. This includes:
• Confirmation that their personal data is being processed
• Access to a copy of the data
• The purposes of the data processing
• The categories of personal data concerned
• Who the data has been, or will be, shared with
• How long the data will be stored for, or if this isn’t possible, the criteria used to determine this period
• Where relevant, the existence of the right to request rectification, erasure or restriction, or to object to such processing
• The source of the data, if not the individual
• Whether any automated decision-making is being applied to their data, and what the significance and consequences of this might be for the individual
• The safeguards provided if the data is being transferred internationally
Subject access requests must be submitted in writing, either by letter, email or fax to the DPO. They should include:
• Name of individual
• Correspondence address
• Contact number and email address
• Details of the information requested If staff receive a subject access request in any form they must immediately forward it to the DPO.
9.2 CHILDREN AND SUBJECT ACCESS REQUESTS
Personal data about a child belongs to that child, and not the child's parents or carers. For a parent or carer to make a subject access request with respect to their child, the child must either be unable to understand their rights and the implications of a subject access request, or have given their consent. Children aged 12 and above are generally regarded to be mature enough to understand their rights and the implications of a subject access request. Therefore, most subject access requests from parents or carers of pupils at our school may not be granted without the express permission of the pupil. This is not a rule and a pupil’s ability to understand their rights will always be judged on a case-by-case basis.
9.3 RESPONDING TO SUBJECT ACCESS REQUESTS
When responding to requests, we:
• May ask the individual to provide 2 forms of identification
• May contact the individual via phone to confirm the request was made • Will respond without delay and within 1 month of receipt of the request
• Will provide the information free of charge
• May tell the individual we will comply within 3 months of receipt of the request, where a request is complex or numerous. We will inform the individual of this within 1 month, and explain why the extension is necessary
We may not disclose information for a variety of reasons, such as if it:
• Might cause serious harm to the physical or mental health of the pupil or another individual
• Would reveal that the child is being or has been abused, or is at risk of abuse, where the disclosure of that information would not be in the child’s best interests
• Would include another person’s personal data that we can’t reasonably anonymise, and we don’t have the other person’s consent and it would be unreasonable to proceed without it
• Is part of certain sensitive documents, such as those related to crime, immigration, legal proceedings or legal professional privilege, management forecasts, negotiations, confidential references, or exam scripts If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee which takes into account administrative costs. A request will be deemed to be unfounded or excessive if it is repetitive or asks for further copies of the same information. When we refuse a request, we will tell the individual why, and tell them they have the right to complain to the ICO.
9.4 OTHER DATA PROTECTION RIGHTS OF THE INDIVIDUAL
In addition to the right to make a subject access request (see above), and to receive information when we are collecting their data about how we use and process it (see section 7), individuals also have the right to:
• Withdraw their consent to processing at any time
• Ask us to rectify, erase or restrict processing of their personal data, or object to the processing of it (in certain circumstances)
• Prevent use of their personal data for direct marketing
• Object to processing that has been justified on the basis of public interest, official authority or legitimate interests
• Challenge decisions based solely on automated decision making or profiling (decisions taken with no human involvement, that might negatively affect them)
• Be notified of a data breach in certain circumstances
• Make a complaint to the ICO
• Ask for their personal data to be transferred to a third party in a structured, commonly used and machinereadable format (in certain circumstances) Individuals should submit any request to exercise these rights to the DPO. If staff receive such a request, they must immediately forward it to the DPO.
10. PARENTAL REQUESTS TO SEE THE EDUCATIONAL RECORD
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. If you would like to make a request please contact our Data Protection Officer – apilbury@tytheringtonschool.co.uk
11. BIOMETRIC RECOGNITION SYSTEMS
Where we use pupils’ biometric data as part of an automated biometric recognition system (for example, pupils use
finger prints to receive school dinners instead of paying with cash), we will comply with the requirements of the
Protection of Freedoms Act 2012.
Parents/carers will be notified before any biometric recognition system is put in place or before their child first takes
part in it. The school will get written consent from at least one parent or carer before we take any biometric data from
their child and first process it.
Parents/carers and pupils have the right to choose not to use the school’s biometric system(s). We will provide
alternative means of accessing the relevant services for those pupils. For example, pupils can pay for school dinners by
using a PIN number that is linked to their account
Parents/carers and pupils can object to participation in the school’s biometric recognition system(s), or withdraw consent, at any time, and we will make sure that any relevant data already captured is deleted. As required by law, if a pupil refuses to participate in, or continue to participate in, the processing of their biometric data, we will not process that data irrespective of any consent given by the pupil’s parent(s)/carer(s). Where staff members or other adults use the school’s biometric system(s), we will also obtain their consent before they first take part in it, and provide alternative means of accessing the relevant service if they object. Staff and other adults can also withdraw consent at any time, and the school will delete any relevant data already captured.
12. SECURITY CAMERAS
We use security cameras in various locations around the school site to ensure it remains safe. We will adhere to the ICO’s code of practice for the use of security cameras. We do not need to ask individuals’ permission to use security cameras, but we make it clear where individuals are being recorded. Security cameras are clearly visible and accompanied by prominent signs explaining that security cameras are in use. Any enquiries about the Security System should be directed to Mr Matt King (Strategic ICT Manager) (mking@tytheringtonschool.co.uk).
13. PHOTOGRAPHS AND VIDEOS
As part of our school activities, we may take photographs and record images of individuals within our school. We will obtain written consent from parents/carers, or pupils aged 18 and over, for photographs and videos to be taken of pupils for communication, marketing and promotional materials. Where we need parental consent, we will clearly explain how the photograph and/or video will be used to both the parent/carer and pupil. Where we don’t need parental consent, we will clearly explain to the pupil how the photograph and/or video will be used. Any photographs and videos taken by parents/carers at school events for their own personal use are not covered by data protection legislation. However, we will ask that photos or videos with other pupils are not shared publicly on social media for safeguarding reasons, unless all the relevant parents/carers (or pupils where appropriate) have agreed to this. Where the school takes photographs and videos, uses may include:
• Within school on notice boards and in school magazines, brochures, newsletters, etc.
• Outside of school by external agencies such as the school photographer, newspapers, campaigns
• Online on our school website or social media pages Consent can be refused or withdrawn at any time. If consent is withdrawn, we will delete the photograph or video and not distribute it further. When using photographs and videos in this way we will not accompany them with any other personal information about the child, to ensure they cannot be identified. See our Social Media Policy for more information on our use of photographs and videos.
14. ARTIFICIAL INTELLIGENCE (AI)
Artificial intelligence (AI) tools are now widespread and easy to access. Staff, pupils and parents/carers may be familiar with generative chatbots such as ChatGPT and Google Bard. Tytherington School recognises that AI has many uses to help pupils learn, but also poses risks to sensitive and personal data. To ensure that personal and sensitive data remains secure, no one will be permitted to enter such data into unauthorised generative AI tools or chatbots. We will use education and training opportunities to raise awareness of this and to act as a preventative measure for data breaches. If personal and/or sensitive data is entered into an unauthorised generative AI tool, Tytherington School will treat this as a data breach, and will follow the personal data breach procedure outlined in Appendix 1.
15. DATA PROTECTION BY DESIGN AND DEFAULT
We will put measures in place to show that we have integrated data protection into all of our data processing activities, including:
• Appointing a suitably qualified DPO, and ensuring they have the necessary resources to fulfil their duties and maintain their expert knowledge
• Only processing personal data that is necessary for each specific purpose of processing, and always in line with the data protection principles set out in relevant data protection law (see section 6)
• Completing data protection impact assessments where the school’s processing of personal data presents a high risk to rights and freedoms of individuals, and when introducing new technologies (the DPO will advise on this process)
• Integrating data protection into internal documents including this policy, any related policies and privacy notices
• Regularly training members of staff on data protection law, this policy, any related policies and any other data protection matters; we will also keep a record of attendance
• Regularly conducting reviews and audits to test our privacy measures and make sure we are compliant
• Appropriate safeguards being put in place if we transfer any personal data outside of the UK, where different data protection laws may apply
• Maintaining records of our processing activities, including:
15. DATA SECURITY AND STORAGE OF RECORDS
We will protect personal data and keep it safe from unauthorised or unlawful access, alteration, processing or disclosure, and against accidental or unlawful loss, destruction or damage. In particular:
• Paper-based records and portable electronic devices, such as laptops and hard drives that contain personal data are kept under lock and key when not in use
• Papers containing confidential personal data must not be left on office and classroom desks, on staffroom tables, pinned to notice/display boards, or left anywhere else where there is general access
• Where personal information needs to be taken off site, staff must sign it in and out from the school office
• Passwords that are at least 12 characters long containing Upper and lowercase letters, numbers and special characters are used to access school computers, laptops and other electronic devices.
• Where appropriate, two-factor authentication is in place.
• Encryption software is used to protect all portable devices and removable media, such as laptops and USB devices
• Staff, pupils or trustees who store personal information on their personal devices are expected to follow the same security procedures as for school-owned equipment (see our Acceptable Use Policy).
• Where we need to share personal data with a third party, we carry out due diligence and take reasonable steps to ensure it is stored securely and adequately protected (see section 8)
16. DISPOSAL OF RECORDS
Personal data that is no longer needed will be disposed of securely. Personal data that has become inaccurate or out of date will also be disposed of securely, where we cannot or do not need to rectify or update it. For example, we will shred or incinerate paper-based records, and overwrite or delete electronic files. We may also use a third party to safely dispose of records on the school’s behalf. If we do so, we will require the third party to provide sufficient guarantees that it complies with data protection law.
17. PERSONAL DATA BREACHES
The school will make all reasonable endeavours to ensure that there are no personal data breaches. In the unlikely event of a suspected data breach, we will follow the procedure set out in appendix 1. When appropriate, we will report the data breach to the ICO within 72 hours. Such breaches in a school context may include, but are not limited to:
• A non-anonymised dataset being published on the school website which shows the exam results of pupils eligible for the pupil premium • Safeguarding information being made available to an unauthorised person
• The theft of a school laptop containing non-encrypted personal data about pupils
18. TRAINING
All staff and trustees are provided with data protection training as part of their induction process. Data protection will also form part of continuing professional development, where changes to legislation, guidance or the school’s processes make it necessary.
19. MONITORING ARRANGEMENTS
The DPO is responsible for monitoring and reviewing this policy. This policy will be reviewed and updated if necessary, when the Data Protection Bill receives royal assent and becomes law (as the Data Protection Act 2018) – if any changes are made to the bill that affect our school’s practice. Otherwise, or from then on, this policy will be reviewed every 3 years and shared with the full board of trustees.
20. LINKS WITH OTHER POLICIES This data protection policy is linked to our:
• Retention Policy
• Privacy Notices
• Acceptable Use of ICT Policy
• Conduct and Safety Policy & Procedure (Behaviour Policy)
• Safeguarding Policy
• Security Camera Policy
APPENDIX 1: PERSONAL DATA BREACH PROCEDURE •
This procedure is based on guidance on personal data breaches produced by the ICO.
• On finding or causing a breach, or potential breach, the staff member or data processor must immediately notify the DPO
• The DPO will investigate the report, and determine whether a breach has occurred. To decide, the DPO will consider whether personal data has been accidentally or unlawfully:
• The DPO will make all reasonable efforts to contain and minimise the impact of the breach, assisted by relevant staff members or data processors, where necessary. (Actions relevant to specific data types are set out at the end of this procedure). Relevant staff will be required to cooperate with any steps needed to manage the breach.
• The DPO will assess the potential consequences, based on how serious they are, and how likely they are to happen
• The DPO will work out whether the breach must be reported to the ICO. This must be judged on a case-by-case basis. To decide, the DPO will consider whether the breach is likely to negatively affect people’s rights and freedoms, and cause them any physical, material or non-material damage (e.g. emotional distress), including through:
• If it’s likely that there will be a risk to people’s rights and freedoms, the DPO must notify the ICO.
• The DPO will document the decision (either way), in case it is challenged at a later date by the ICO or an individual affected by the breach. Documented decisions are stored within the school’s Office 365 GDPR section.
• Where the ICO must be notified, the DPO will do this via the ‘report a breach’ page of the ICO website within 72 hours. As required, the DPO will set out: o A description of the nature of the personal data breach including, where possible:
▪ The categories and approximate number of individuals concerned
▪ The categories and approximate number of personal data records concerned o The name and contact details of the DPO
• The DPO will document each breach, irrespective of whether it is reported to the ICO. For each breach, this record will include the:
• Records of all breaches will be stored within the school’s Office 365 GDPR section.
• The DPO and Headteacher will meet to review what happened and how it can be stopped from happening again. This meeting will happen as soon as reasonably possible ACTIONS TO MINIMISE THE IMPACT OF DATA BREACHES We will take actions to mitigate the impact of different types of data breach, focusing especially on breaches involving particularly risky or sensitive information. We will review the effectiveness of these actions and amend them as necessary after any data breach. The following is an example of relevant actions that will be taken in a data breach scenario: SENSITIVE INFORMATION BEING DISCLOSED VIA EMAIL (INCLUDING SAFEGUARDING RECORDS)
• If special category data (sensitive information) is accidentally made available via email to unauthorised individuals, the sender must attempt to recall the email as soon as they become aware of the error.
• Members of staff who receive personal data sent in error must alert the sender and the DPO as soon as they become aware of the error.
• If the sender is unavailable or cannot recall the email for any reason, the DPO will ask the ICT department to recall it.
• In any cases where the recall is unsuccessful, the DPO will contact the relevant unauthorised individuals who received the email, explain that the information was sent in error, and request that those individuals delete the information and do not share, publish, save or replicate it in any way.
• The DPO will ensure we receive a written response from all the individuals who received the data, confirming that they have complied with this request.
• The DPO will carry out an internet search to check that the information has not been made public; if it has, we will contact the publisher/website owner or administrator to request that the information is removed from their website and deleted.
APPENDIX 2: RECORDS MANAGEMENT SCHEDULE
Please see our ‘Retention Policy’ for our records management schedule