General Data Protection Regulations Policy

Bucks UTC / General Data Protection Regulations Policy

Last Updated: April 2018

Privacy Notice for Parents/Carers

Under data protection law, individuals have a right to be informed about how the UTC uses anypersonal data that we hold about them. We comply with this right by providing ‘privacy notices’ (sometimes called ‘fair processing notices’) to individuals where we are processing their personal data. This privacy notice explains how we collect, store and use personal data about pupils. The UTC is the ‘data controller’ for the purposes of data protection law. Our data protection officer is for the time being the Business Services Director (see ‘Contact us’ below).

The personal data we hold

Personal data that we may collect, use, store and share (when appropriate) about pupils includes, but is not restricted to:

  • Contact details, contact preferences, date of birth, identification documents
  • Results of internal assessments and externally set tests
  • Pupil and curricular records
  • Characteristics, such as ethnic background, eligibility for free UTC meals, or special educational needs
  • Exclusion information
  • Details of any medical conditions, including physical and mental health
  • Attendance information
  • Safeguarding information
  • Details of any support received, including care packages, plans and support providers
  • Photographs
  • CCTV images captured in UTC

We may also hold data about pupils that we have received from other organisations, including other UTCs, schools, local authorities and the Department for Education.

We use this data to:

  • Support pupil learning
  • Monitor and report on pupil progress
  • Provide appropriate pastoral care
  • Protect pupil welfare
  • Assess the quality of our services
  • Administer admissions waiting lists
  • Carry out research
  • Comply with the law regarding data sharing

Our legal basis for using this data

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
  • We need it to perform an official task in the public interest or task

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.

Collecting this information

While the majority of information we collect about pupils is mandatory, there is some information that can be provided voluntarily.

Whenever we seek to collect information from you or your child, we make it clear whether providing it is mandatory or optional. If it is mandatory, we will explain the possible consequences of not complying.

How we store this data

We keep personal information about pupils while they are attending our UTC. We may also keep it beyond their attendance at our UTC if this is necessary in order to comply with our legal obligations. Our record retention management policy sets out how long we keep information about pupils – we follow the IRMS School Toolkit process a copy of which can be seen on-line and is available from ourselves.

Data sharing

We do not share information about pupils with any third party without consent unless the law and our policies allow us to do so. Where it is legally required, or as necessary (see “Our legal basis for using this data”) and it complies with data protection law we may share personal information about pupils with third parties as listed below (not an exclusive list) to meet our legal obligations to share certain information with it, such as safeguarding concerns and exclusion, attendance:

  • Buckinghamshire County Council
  • The Department for Education
  • The pupil’s family and representatives
  • Educators and examining bodies
  • Our regulator [specify as appropriate, e.g. Ofsted, Independent UTCs Inspectorate]
  • Suppliers and service providers – to enable them to provide the service we have contracted them for
  • 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

National Pupil Database

We are required to provide information about pupils to the Department for Education as part of statutory data collections such as the UTC census.

Some of this information is then stored in the National Pupil Database (NPD), which is owned and managed by the Department and provides evidence on UTC performance to inform research.

The database is held electronically so it can easily be turned into statistics. The information is securely collected from a range of sources including UTCs, local authorities and exam boards.

The Department for Education may share information from the NPD with other organisations which promote children’s education or wellbeing in England. Such organisations must agree to strict terms and conditions about how they will use the data.

For more information, see the Department’s webpage on how it collects and shares research data.

You can also contact the Department for Education with any further questions about the NPD.

Youth support services

Once our pupils reach the age of 13, we are legally required to pass on certain information about them to Buckinghamshire County Council or youth support services provider in our area, as it has legal responsibilities regarding the education or training of 13-19 year-olds.

This information enables it to provide youth support services, post-16 education and training services, and careers advisers.

Parents/carers, or pupils once aged 16 or over, can contact our data protection officer to request that we only pass the individual’s name, address and date of birth to the above.

Transferring data internationally

Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.

Parents and pupils’ rights regarding personal data

Individuals have a right to make a ‘subject access request’ to gain access to personal information that the UTC holds about them.

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 UTC holds about them.

If you make a subject access request, and if we do hold information about you or your child, we will:

  • Give you a description of it
  • Tell you why we are holding and processing it, and how long we will keep it for
  • Explain where we got it from, if not from you or your child
  • Tell you who it has been, or will be, shared with
  • Let you know whether any automated decision-making is being applied to the data, and any consequences of this
  • Give you a copy of the information in an intelligible form

Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.

If you would like to make a request please contact our Data Protection Officer.

Although as a UTC there is no automatic parental right of access to the educational record, we are agreeable to grant parents/carers to also have a legal right to access to their child’s educational record. To request access, please contact our Data Protection Officer.

Other rights

Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe, including the right to:

  • Object to the use of personal data if it would cause, or is causing, damage or distress
  • Prevent it being used to send direct marketing
  • Object to decisions being taken by automated means (by a computer or machine, rather than by a person)
  • In certain circumstances, have inaccurate personal data corrected, deleted or destroyed, or restrict processing
  • Claim compensation for damages caused by a breach of the data protection regulations

To exercise any of these rights, please contact our data protection officer.

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 us in the first instance.

To make a complaint, please contact our data protection officer.

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

  • Report a concern online at https://ico.org.uk/concerns/
  • Call 0303 123 1113
  • Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Contact us

If you have any questions, concerns or would like more information about anything mentioned in this privacy notice, please contact our Data Protection Officer via reception@buckinghamshireutc.co.uk.

This notice is based on the Department for Education’s model privacy notice for pupils, amended for parents and to reflect the way we use data in this UTC.

For a PDF copy of this GDPR Policy, please click here.