The General Data Protection Regulation comes into force on 25th May 2018. It regulates the way Data Controllers, such as Holy Cross Catholic Primary School, process personal data about people, (pupils, parents, employees etc) and the legal rights those individuals have in relation to that data.
Data protection is monitored at Holy Cross Catholic Primary School by it's Informance Governance Board, which reports to it's Data Protection Officer. The board consists of the following members:
Data Protection Officer Lauri Almond, firstname.lastname@example.org , 0303 1231113
Senior Information Risk Owner Mrs Ciara Manning (Head of School)
Information Champions Deana Gould Heather Westrop Pauline Morris
Holy Cross Catholic Primary School fully complies with information legislation. You can read our Privacy Notice below or follow the links at the bottom of this page to view our policies and other information relating to the new regulations.
Holy Cross Catholic Primary School respects you and your child’s privacy when you use the Organisation’s services and is committed complying with privacy legislation.
The information below is what is referred to as a ‘Privacy Notice’ which explain how the Organisation uses and protects your personal information.
Before we start, if you scroll to the bottom of this page, you will find it contains a list of services that the Organisation provides. Under each service is more detailed information about how we use and protect your personal information, simply click on the link to find out more.
Holy Cross Catholic Primary School has a Data Protection Officer whose role it is to ensure that any personal information processed by the Organisation is processed fairly and lawfully (respecting your rights and ensuring we follow the law). If you have any concerns or questions regarding how we look after your personal information, please contact the Data Protection Officer Lauri Almond, at email@example.com or by calling 0333 032 2970.
Why we use personal information
We may need to use some information about you to:
deliver services and support to you;
manage those services;
train and manage the employment of our workers who deliver those services;
help investigate any worries or complaints you have about your services;
keep track of spending on services;
check the quality of services; and
to help with research and planning of new services.
What are our legal reasons for processing personal information?
There are a number of legal reasons why we need to collect and use personal data. Each privacy notice from the menu on the left explains for each service which legal reason is being used. Generally we collect and use personal information in the following circumstances:
Where you, or your legal representative, have given consent
Where you have entered into a contract with us
Where it is necessary to perform our statutory duties
Where it is necessary to protect someone in an emergency
Where it is required by law
Where it is necessary for employment purposes
Where you have made your data publicly available
Where it is necessary to establish, exercise or defend a legal claim
Where it is in the substantial public interest
Where it is necessary to protect public health
Where it is necessary for archiving public interest material, research, or statistical purposes
Where we are using your consent to process your personal data, you have the right to withdraw that consent at any time. If you wish to withdraw your consent, please contact firstname.lastname@example.org so that your request can be dealt with.
What is Personal Information?
Personal information is often records that can identify and relate to a living person. This can also include information that when put together with other information can then identify a person.
What are Special Categories of Information?
This is personal information that needs more protection due to its sensitivity. This information is likely to include:
sexuality and sexual health
religious or philosophical beliefs
physical or mental health
trade union membership
How we limit the use of personal information
Where necessary Holy Cross Catholic Primary School processes personal data to deliver our services effectively; but wherever possible, the data that we process will be anonymised, pseudonymised or de-personalised. This means the information can no longer identify a person.
When using personal data for research purposes, the data will be anonymised/pseudonymised to avoid the identification of a person, unless you have agreed that your personal information can be used for the research project.
We do not sell personal data to any other organisation for the purposes of selling products.
Your privacy rights
The law provides you with a number of rights to control the processing of your personal information:
Accessing the information we hold about you
You have the right to ask for all the information we have about you. When we receive a request from you in writing, we must normally give you access to everything we have recorded about you. However, we will not let you see any parts of your record which contain:
Confidential information about other people; or
Data an information professional thinks will cause serious harm to your or someone else’s physical or mental wellbeing; or
If we think that the prevention or detection of crime may be adversely affected by disclosing data to you.
This applies to paper and electronic records. If you ask us, we will also let others see your record (except if one of the points above applies). If you cannot ask for your records in writing, we will make sure there are other ways you can apply. If you have any queries regarding access to your information please contact email@example.com or 0333 032 2970
Changing information you believe to be inaccurate
You should let us know if you disagree with something written on your file. We may not always be able to change or remove the information; however, we will correct factual inaccuracies and may include your comments in the records.
Asking for your information to be deleted (right to be forgotten)
In some circumstances you can request the erasure of the personal information used by the Organisation, for example:
Where the personal information is no longer needed for the purpose for which it was collected
Where you have withdrawn your consent to the use of your information (where there is no other legal basis for the processing)
Where there is no legal basis for the use of your information
Where erasure is a legal obligation
Where personal information has been shared with others, the Organisation shall make every reasonable effort to ensure those using your personal information comply with your request for erasure.
Please note that the right to erasure does not extend to using your personal information where:
Is required by law
It is used for exercising the right of freedom of expression
It is in the public interest in the area of public health
It is for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes where it would seriously affect the achievement of the objectives of the processing
It is necessary for the establishment, defense or exercise of legal claims.
Restricting what your information is used for
You have the right to ask us to restrict what we use your personal data for where one of the following applies:
You have identified inaccurate information, and have notified us of this
Where using your information is unlawful, and you wish us to restrict rather than erase the information
Where you have objected to us using the information, and the legal reason for us using your information has not yet been provided to you
When information is restricted it cannot be used other than to securely store the data, and with your consent, to handle legal claims, protect others, or where it is for important public interests of the UK.
Where restriction of use has been granted, we will inform you before the use of your personal information is resumed.
You have the right to request that the Organisation stop using your personal information for some services. However, if this request is approved this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request, but we may need to hold or use information in connection with one or more of the Organisation’s legal functions.
Computer based decisions about you and if you are ‘profiled’
You have the right to object about decisions being made about you by automated means (by a computer and not a human being), unless it is required for any contract you have entered into, required by law, or you have consented to it. You also have the right to object if you are being ‘profiled’. Profiling is where decisions are made about you based on certain things in your personal information. If and when the Organisation uses your personal information to profile you, you will be informed.
If you have concerns regarding automated decision making, or profiling, please contact the Data Protection Officer who will be able to advise you about how your information is being used.
Who will we share your personal information with?
We use a range of companies and partners to either store personal information or to manage it for us. Where we have these arrangements there is always a contract, memorandum of understanding or information sharing protocol in place to ensure that the organisation complies with data protection law. We complete privacy impact assessments before we share personal information to ensure their compliance with the law.
Sometimes we have a legal duty to provide information about people to other organisations, e.g. Child Protection concerns or Court Orders.
We may also share your personal information when we feel there is a good reason that is more important than protecting your confidentiality. This does not happen often, but we may share your information:
For the find and stop crime or fraud; or
if there are serious risks to the public, our staff or to other professionals; or
to protect a child.
The law does not allow us to share your information without your permission, unless there is proof that someone is at risk or it is required by law.
This risk must be serious before we can go against your right to confidentiality. When we are worried about physical safety or we feel that we need to take action to protect someone from being harmed in other ways, we will discuss this with you and, if possible, get your permission to tell others about your situation.
We may still share your information if we believe the risk to others is serious enough to do so.
There may also be rare occasions when the risk to others is so great that we need to share information straight away. If this is the case, we will make sure that we record what information we share and our reasons for doing so. We will let you know what we have done and why as soon as or if we think it is safe to do so.
How do we protect your information?
We will do what we can to make sure we hold personal records (on paper and electronically) in a secure way, and we will only make them available to those who have a right to see them. Our security includes:
Encryption allows information to be hidden so that it cannot be read without special knowledge (such as a password). This is done with a secret code or cypher. The hidden information is said to be encrypted.
Pseudonymisation allows us to hide parts of your personal information from view so only we can see it. This means that someone outside of ECC could work on your information for us without ever knowing it was yours.
Controlling access to systems and networks allows us to stop people who are not allowed to view your personal information from getting access to it.
Training for our staff allows us to make them aware of how to handle information and how and when to report when something goes wrong.
Ways for us to access your information should something go wrong and our systems not work, including how we manage your information in event of an emergency or disaster.
Regular testing of our technology and processes including keeping up to date on the latest security updates (commonly called patches).
If your information leaves the country
Sometimes, for example where we receive a request to transfer Organisation records to a new Organisation, it is necessary to send that information outside of the UK. In such circumstances additional protection will be applied to that data during its transfer, and where the receiving country does not have an adequacy decision from the European Commission, advice will be sought from the Information Commissioners Office prior to the data being sent.
How long do we keep your personal information?
For each reason why we use your personal information there is often a legal reason for why we need to keep it for a period of time. We try to capture all of these and detail them in what’s called a ‘retention schedule’. This schedule lists for each service how long your information may be kept for.
Where can I get advice?
You can contact our Data Protection Officer at firstname.lastname@example.org or by calling 0333 032 2970.
For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner’s Office (ICO) at:
Information Commissioner's Office
Cheshire SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
How we collect pupil information
We collect pupil information via registration forms at the start of the school year or Common Transfer File (CTF) or secure file transfer from previous school.
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, please visit our website.
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)
Multi Academy Trusts (MATs),
school nurse, NHS
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
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.
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 our Data Protection Officer at email@example.com or by calling 0333 032 2970.
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/
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)
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
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:
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:
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