PENNiNE Trust Secondary School Data Protection Policy

Our school aims to ensure that all personal data collected about staff, pupils, parents, governors, 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.

This policy meets the requirements of the GDPR and the expected provisions of the DPA 2018. It is based on guidance published by the Information Commissioner’s Office (ICO) on the GDPR and the ICO’s code of practice for subject access requests.

It also reflects the ICO’s code of practice for the use of surveillance cameras and personal information.

In addition, this policy complies with regulation 5 of the Education (Pupil Information) (England) Regulations 2005, which gives parents the right of access to their child’s educational record.

This policy also complies with our funding agreement and articles of association.

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

• 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.

Our school processes personal data relating to parents, pupils, staff, governors, 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.

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 Governing body

The governing body 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 termly reports of their activities directly to the governing body 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 Miss K Dobney and is contactable via GDPRenquiries@park-high.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:

• With any questions about the operation of this policy, data protection law, retaining personal data or keeping personal data secure

• If they have any concerns that this policy is not being followed If they are unsure whether r not they have a lawful basis to use personal data in a particular way

• If they need to rely on or capture consent, draft a privacy notice, deal with data protection rights invoked by an individual, or transfer personal data outside the European Economic Area
• If there has been a data breach
• Whenever they are engaging in a new activity that may affect the privacy rights of individuals
• If they need help with any contracts or sharing personal data with third parties

The GDPR is based on data protection principles that our school must comply with.

The principles say that personal data must be:

1. Processed lawfully, fairly and in a transparent manner

2. Collected for specified, explicit and legitimate purposes

3. Adequate, relevant and limited to what is necessary to fulfil the purposes for which it is processed

4. Accurate and, where necessary, kept up to date

5. Kept for no longer than is necessary for the purposes for which it is processed 6. Processed in a way that ensures it is appropriately secure

This policy sets out how the school aims to comply with these principles.

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 which are set out in the GDPR and Data Protection Act 2018.

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.

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 record retention schedule/records management policy.

We will not normally share personal data with anyone else, except for those reasons contained within the privacy notice and 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:

o Only appoint suppliers or contractors which can provide sufficient guarantees that they comply with data protection law

o Establish a data sharing agreement with the supplier or contractor, either in the contract or as a standalone agreement, to ensure the fair and lawful processing of any personal data we share

• Only share data that the supplier r contractor needs to carry out their service, and information necessary to keep them safe while working with us

We will also share personal data with law enforcement and government bodies where we are legally required to do so, including for:

• The prevention or detection of crime and/or fraud

• The apprehension or prosecution of offenders

• The assessment or collection of tax owed to HMRC

• In connection with legal proceedings

• Where the disclosure is required to satisfy our safeguarding obligations

• Research and statistical purposes, as long as personal data is sufficiently anonymised or consent has been provided

We may also share personal data with emergency services and local authorities to help them to respond to an emergency situation that affects any of our pupils or staff.

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.

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

• Challenge processing which has been justified on the basis of public interest

• Request a copy of agreements under which their personal data is transferred outside of the European Economic Area

• Object to decisions based solely on automated decision making or profiling (decisions taken with no human involvement, that might negatively affect them)

• Prevent processing that is likely to cause damage or distress

• 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 machine-readable 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.

Parents, or those with parental responsibility, have a legal right to free access to their child’s educational record (which includes most information about a pupil) within 15 school days of receipt of a written request.

We use CCTV 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 CCTV.

We do not need to ask individuals’ permission to use CCTV, but we make it clear where individuals are being recorded. Security cameras are clearly visible and accompanied by prominent signs explaining that CCTV is in use.

Any enquiries about the CCTV system should be directed in the first instance to Karen Dobney (DPO).

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.

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 privacy 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

• Maintaining records of our processing activities, including:

• For the benefit of data subjects, making available the name and contact details of our school and DPO and all information we are required to share about how we use and process their personal data (via our privacy notices)

• • Fr all personal data that we hold, maintaining an internal record of the type of data, data subject, how and why we are using the data, any third-party recipients, how and why we are storing the data, retention periods and how we are keeping the data secure

• •  Staff, pupils or governors who store personal information on their personal devices will be expected to follow the same security procedures as for school-owned equipment

• • If personal data is taken off site, then it will be subject to the same security procedures as when it is at school. Any data breaches whilst off site will be put under the same investigation procedures as if the breach was on site and subject to the same consequences.

• • 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)

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.

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

All staff and governors 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.

The DPO is responsible for monitoring and reviewing this policy.

This policy is in line with GDPR and the Data Protection Bill that received royal assent on 25 May 2018 (Data Protection Act 2018) –This policy will be reviewed annually and shared with the full governing body.

This data protection policy is linked to our:

• • Acceptable use of ICT policy
  • Child protection and safeguarding policy
  • CCTV policy
  • Retention policy

• The DPO will notify any relevant third parties who can help mitigate the loss to individuals – for example, the police, insurers, banks or credit card companies

• The DPO will document each breach, irrespective of whether it is reported to the ICO. For each breach, this record will include the: o Facts and cause o Effects o Action taken to contain it and ensure it does not happen again (such as establishing more robust processes or providing further training for individuals)

Records of all breaches will be stored on the school’s computer system.

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 the actions (an example is set out below) 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.

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

To view the publication scheme - please click here: model-publication-scheme.pdf (ico.org.uk)