How we use child and young person information

This Privacy Notice sets out what you need to know about how Doncaster Council will use your information for the sharing of school and pupil level data. The Council is committed to meeting its data protection obligations and and handling your information securely. You should make sure you read and understand this notice before submitting your information to us.

The purpose of this data sharing is to enable the local authority, schools and academies to fulfil statutory duties and to enhance the ability of organisations to work in partnership in order to support achievement, learning and welfare of all children for which they are responsible.

 

What information about you do we collect?

For the processing to which this notice relates to be carried out we use the following information:
  • personal information – such as: your UPN, your name, address, telephone number, DOB and gender
  • special category personal information – such as: your ethnicity, information about your physical and mental health, SEN/SEND and Health care needs.
  • Information that the Local Authority needs in order to support young people to participate in education and training and to track their progress e.g. offers of employment, education and training, post 16 destination information (intended and actual destinations)
  • Attendance, persistent absence, behaviour and exclusion data.

How do we collect information about you?

We collect your information from you directly/other agencies/government departments (e.g. the police, Department of Work and Pensions, etc.) or from information that is reported into your school’s databases; ie through questionnaires, written agreements, official meetings.

We also collect data from secure protected external sources such as from the DfE, Perspective school resource and other securely encrypted national school databases which comply with data security under the General Data Protection Regulation and Data Protection Act 2018, such as an encrypted file via the internet, or the DfE national S2S site where appropriate.

How will your information be used?

Your information might be used:
  • to report officially to the DfE,
  • to external statutory bodies such as HMi, Ofsted, EFSA or the regional skills commissioner, or
  • between schools and Trusts within the Doncaster education remit.
This provides comparative results and analysis by pupil characteristics and allows for admissions and appeals information to be applied. Outcome related data is only shared at school level, however some pupil level data is shared in relation to attendance returns and exclusions.

Your information may also be used to cross-match to other databases held by Doncaster Council such as Public Health and Early Years provider information enabling intelligence to be generated to inform strategic decisions.

The Legal Basis for using your information

Information required by law

The statutory law governing the exchange of school data means that we have to process this data. If you don’t give us this information then we will be unable to fulfil our statutory duty which is to support young people to engage in education and training; to identify those who are not participating and to plan services that meet young people’s needs, also, statistically released and/or anonymised data may be incorrect.

The table below sets out the legal basis for each of the activities that this Privacy Notice covers:



Personal Data Activity

Legal basis - GDPR Article 6

S8 DPA (delete as appropriate)

UK Legislation

 

(1)(c) to do so is necessary because of a legal obligation that applies to the Council

 

 

Process involving in assessing and providing individual support for children who have need of special education support

 

Census information

 

Process involving individual case management of services or support to unaccompanied minors (eg Asylum Seekers) if not “looked after”

 

Process involving individual case management of services or support to youth.

(1)(e) to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority

(a) the administration of justice,

(b) the exercise of a function of either House of Parliament,

(c) the exercise of a function conferred on a person by an enactment or rule of law,

(d) the  exercise  of  a  function  of  the  Crown,  a  Minister  of  the  Crown  or  a

government department, or

(e) an activity that supports or promotes democratic engagement.

Education Act 1996 (2002 & 2011)

 

Education and Skills Act 2008

 

Children Act 1989 & 2004

 

Learning and Skill Act 2000



Special Category Data Activity

Legal basis - GDPR Article 9

DPA 2018 condition

Other considerations

Process involving in assessing and providing individual support for children who have need of special education support

 

Census information

 

Process involving individual case management of services or support to unaccompanied minors (eg Asylum Seekers) if not “looked after”

 

Process involving individual case management of services or support to youth.

(2)(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law.

Part 1 of schedule 1

Education Act 1996 (2002 & 2011)

 

Education and Skills Act 2008

 

Children Act 1989 & 2004

 

Learning and Skill Act 2000

Process involving in assessing and providing individual support for children who have need of special education support

 

Census information

 

Process involving individual case management of services or support to unaccompanied minors (eg Asylum Seekers) if not “looked after”

 

Process involving individual case management of services or support to youth.

(2)(g) processing is necessary for reasons of substantial public interest.

Part 2 of schedule 1

Education Act 1996 (2002 & 2011)

 

Education and Skills Act 2008

 

Children Act 1989 & 2004

 

Learning and Skill Act 2000

Census information

(2)(j) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.

Part 1 of schedule 1

Education Act 1996 (2002 & 2011)

Education and Skills Act 2008

Children Act 1989 & 2004

Learning and Skill Act 2000

Who will your information be shared with?

We need to share your information within the Council and with other Schools, academies and Trusts within our statutory functions. We will only share your information when necessary and when the law allows us to, and we will only share the minimum information we need to. For Statutory reporting matters we may need to share your information with:
  • Project partners – such as schools, trusts and business employer or training providers
  • Your care provider or joint services workers
  • Statutory bodies such as the DfE, EFSA, Ofsted and HMi.
In certain cases we may also share your information with other individuals and organisations. For example, if you make a complaint to your Councillor, or if the sharing would help with a safeguarding issue, or help prevent a crime. Sometimes, we might share your information without your knowledge.

The Council will never sell your information to anyone else.

How long will we keep your information?

We will keep your information for only so long as is necessary – the table below sets out typical timescales for each activity:

Activity

Time information kept for

Process involving in assessing and providing individual support for children who have need of special education support

35 years from Date of Birth

Census information

6 years plus current year

Process involving individual case management of services or support to unaccompanied minors (eg Asylum Seekers) if not “looked after”

10 years from file closure

Process involving individual case management of services or support to youth.

25 years from Date of Birth or 10 years from last contact

Your rights

The law gives you specific rights over your information. These rights are:
  • to be informed of our use of information about you;
  • of access to information about you;
  • rectify information about you that is inaccurate;
  • to have your information erased (the ‘right to be forgotten’);
  • to restrict how we use information about you;
  • to move your information to a new service provider;
  • to object to how we use information about you;
  • not to have decisions made about you on the basis of automated decision making;
  • to object to direct marketing; and,
  • to complain about anything the Council does with your information (please see the ‘Complaints’ section below).
Some of the rights listed above apply only in certain situations, and some have a limited effect. Your rights are explained further in the Individuals’ Rights Procedure on our website, as is how to make a request under one or more of them. You can request information about yourself by making a subject access request on this page of the Council’s website.

Changes to this privacy notice

This notice is kept under regular review to make sure it is up to date and accurate.

Data Protection Officer (DPO)

The Council is required by law to have a DPO. The DPO has a number of duties, including:
  • monitoring the Council’s compliance with data protection law;
  • providing expert advice and guidance on data protection;
  • acting as the point of contact for data subjects; and,
  • co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).
The Council’s Data Protection Officer can be contacted by email at information.governance@doncaster.gov.uk 

Complaints

If you are unhappy with the way in which your information has been handled you should contact the Council’s Data Protection Officer so that we can try and put things right. Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO). The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them. They can be contacted via the methods below:
  • Website: www.ico.org.uk
  • Telephone: 0303 123 1113
  • Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

 

 

Last updated: 12 April 2019 15:53:21