Wyvern Academy: Privacy Notice (How we use pupil information)

Under General Data Protection Regulations (GDPR) we are obliged to inform you of the information we hold on your child(ren), what we use it for, who we share it with, and for how long we keep it.  This privacy notice (also known as a fair processing notice) aims to provide you with this information.

We, Wyvern Academy, Dorchester Road, Weymouth, DT3 5AL, are the Data Controller for the purposes of data protection law.

The categories of pupil information that we process include:

  • personal identifiers and contacts (such as name, unique pupil number, unique learner number, contact details and address)
  • characteristics (such as ethnicity, language, and free school meal eligibility, adopted from care, service child, country of birth)
  • safeguarding information (such as court orders and professional involvement)
  • special educational needs (including EHCPs)
  • medical and administration (such as manual handling care plans, Move Mobility passport, epilepsy protocols, doctors information, child health, dental health, allergies, medication and dietary requirements, accident forms)
  • attendance (such as sessions attended, number of absences, absence reasons and any previous schools attended)
  • assessment and attainment (such as data scores/tracking, KS4 and Post-16 accreditation results)
  • Photographs (for example school newsletters, media and promotional purposes)
  • behavioural information (such as daily logs, incident and reports, exclusions and any relevant alternative provision put in place)
  • Risk assessments (for activities in and out of school, e.g. trips and residentials)

This list is not exhaustive. We may also hold data about pupils that we have received from other organisations, including other schools, local authorities and the DfE.

Why we collect and use pupil information

We collect and use pupil information, for the following purposes:

  • to support pupil learning
  • to monitor and report on pupil attainment progress
  • to provide appropriate pastoral care
  • to assess the quality of our services
  • to keep children safe (food allergies, or emergency contact details)
  • to meet the statutory duties placed upon us for DfE data collections
  • to inform you about events and other things happening in the school
  • to comply with the law regarding data sharing

The lawful bases we rely on for processing pupil information are:

Our lawful basis for collecting and processing pupil information is defined under Article 6 of GDPR, and the following sub-paragraphs apply:

  • Data subject gives consent for one or more specific purposes.
  • Processing is necessary to comply with the legal obligations of the controller
  • Processing is necessary to protect the vital interests of the data subject.
  • Processing is necessary for tasks in the public interest or exercise of authority vested in the controller (the provision of education).

Our lawful basis for collecting and processing pupil information is also further defined under Article 9, in that some of the information we process is deemed to be sensitive, or special, information and the following sub-paragraphs in the GDPR apply:

  • The data subject has given explicit consent.
  • It is necessary to fulfil the obligations of controller or of data subject.
  • It is necessary to protect the vital interests of the data subject.
  • Processing is carried out by a foundation or not-for-profit organisation (includes religious, political or philosophical organisations and trade unions)
  • Reasons of public interest in the area of public health
  • It is in the public interest

Collecting pupil information

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 whilst the child remains Wyvern Academy. The file will follow the pupil if he/she leaves Wyvern Academy before the end of Year 11. However where there is a legal obligation to retain the information beyond that period, it will be retained in line with our retention policy.

We have data protection policies and procedures in place, including strong organisational and technical measures which are regularly reviewed.

Who we share pupil information with

We routinely share pupil information with:

  • Our local authority – to meet our legal obligations to share certain information with it, such as safeguarding concerns and exclusions
  • The Department for Education
  • The pupil’s family and representatives
  • Examining bodies
  • Ofsted
  • Further education providers
  • Suppliers and service providers – to enable them to provide the service we have contracted them for
  • Our auditors
  • Health authorities and social welfare organisations
  • Professional advisers and consultants, e.g. speech therapists, dramatherapists
  • Police forces, courts, tribunals
  • Schools and settings that the pupils attend before coming to us or after leaving us

Why we regularly share pupil information

We do not share information about our pupils with anyone without consent unless the law and our policies allow us to do so.

We share pupils’ data with the Department for Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.

We are required to share information about our pupils with our local authority (LA) and the Department for Education (DfE) under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.

Youth support services

Pupils aged 13+

Once our pupils reach the age of 13, we also pass pupil information to our local authority and/or provider of youth support services (Ansbury Guidance) as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.

This enables them to provide services such as advice regarding transition into other settings once they leave Wyvern.

The information shared is limited to the child’s name, address and date of birth. However where a parent or guardian provides their consent, other information relevant to the provision of youth support services will be shared. This right is transferred to the child/pupil once they reach the age 16 unless a mental capacity assessment prohibits this.

Data is securely transferred to the youth support service electronically.

How Government uses your data

The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. As an academy 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:

Regulation 5 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.

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)

Data collection requirements

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

The National Pupil Database (NPD)

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:

  • schools
  • local authorities
  • researchers
  • 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:

https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

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

Requesting access to personal data

Under data protection legislation, parents and pupils have the right to request access to information about them that we hold, known as a Subject Access Request (SAR). To make a request for your personal information, or be given access to your child’s educational record, please contact Zena Cameron-Campbell at the school.

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

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 Information Commissioner’s Office (ICO), or through the courts

We take any complaints about our collection and use of personal information very seriously. 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 if not satisfied directly to the ICO at https://ico.org.uk/concerns/.

Contact

If you would like to discuss anything in this privacy notice, please contact  the Headteacher Mr Bruce Douglas via the school’s office email address, office@wyvern.dorset.sch.uk.