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Data Protection Policy

 

Cerne Abbas CE VC First School, Duck Street, Cerne Abbas, Dorset, DT2 7LA

‘The Small School with the Big Heart.’

Tel: 01300 341319         e-mail:office@cerneabbas.dorset.sch.uk         Website: www.cerneabbas.dorset.sch.uk

 

Cerne Abbas CE VC First School

Data Protection Policy

 

Date of policyAutumn Term 2021

Date reviewed by the Governing

Body/Committee

 

Member of staff responsible in

Cerne Abbas CE VC First School

Andrea Schafer
Review dateAutumn Term 2022

 

 

Contents 

1. Aims

2.Legislation and guidance   

3.Definitions

4. The data controller

5. Roles and responsibilities

6. Data protection principles

7. Collecting personal data

8. Sharing personal data

9. Subject access requests and other rights of individuals

10. Parental requests to see the educational record 

11. Photographs and videos

12. Data protection by design and default

13. Data security and storage of records

14. Disposal of records

15. Personal data breaches 

16. Training

17. Monitoring arrangements

18. Links with other policies

Appendix 1

 

 

1. Aims 

 

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. 

 

2. Legislation and guidance 

 

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. 

 

3. Definitions

 

TermDefinition
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 

Genetics 

Biometrics (such as fingerprints, retina

and iris  patterns), where used for identification

purposes  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.

 

4. The data controller

 

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.

 

5. Roles and responsibilities 

 

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 an annual report 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 Mrs Andrea Schafer and is contactable via office@cerneabbas.dorset.school.co.uk or tel:  01300 341 319

 

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: 

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

o If they have any concerns that this policy is not being followed 

o If they are unsure whether or not they have a lawful basis to use personal data in a  particular way

o 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 

o If there has been a data breach 

o Whenever they are engaging in a new activity that may affect the privacy rights of  individuals 

o If they need help with any contracts or sharing personal data with third parties 

 

6. Data protection principles 

 

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

 

The principles say that personal data must be: 

Processed lawfully, fairly and in a transparent manner 

Collected for specified, explicit and legitimate purposes 

Adequate, relevant and limited to what is necessary to fulfil the purposes for which it is processed  Accurate and, where necessary, kept up to date 

Kept for no longer than is necessary for the purposes for which it is processed Processed in a way that ensures it is appropriately secure This policy sets out how the school aims  to comply with these principles.

 

7. Collecting personal data 

 

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.

 

8. Sharing personal data 

 

We will not normally share personal data with anyone else, but may do so 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 

o Only share data that the supplier or 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. 

 

9. Subject access requests and other rights of individuals 

 

9.1 Subject access requests 

 

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

Confirmation that their personal data is being processed 

Access to a copy of the data 

The purposes of the data processing 

The categories of personal data concerned 

Who the data has been, or will be, shared with 

How long the data will be stored for, or if this isn’t possible, the criteria used to determine this  period 

The source of the data, if not the individual 

Whether any automated decision-making is being applied to their data, and what the significance  and consequences of this might be for the individual 

 

Subject access requests must be submitted in writing, either by letter, email or fax to the DPO.  They should include:

Name of individual

Correspondence address

Contact number and email address 

Details of the information requested 

 

If staff receive a subject access request they must immediately forward it to the DPO. 

 

9.2 Children and subject access requests 

 

Personal data about a child belongs to that child, and not the child's parents or carers. For a parent  or carer to make a subject access request with respect to their child, the child must either be unable  to understand their rights and the implications of a subject access request, or have given their  consent. 

 

Children below the age of 13 are generally not regarded to be mature enough to understand their  rights and the implications of a subject access request. Therefore, subject access requests from  parents or carers of pupils at our school may be granted without the express permission of the pupil.  This is not a rule and a pupil’s ability to understand their rights will always be judged on a case-by case basis. 

 

9.3 Responding to subject access requests

 

When responding to requests, we: 

May ask the individual to provide 2 forms of identification

May contact the individual via phone to confirm the request was made 

Will respond without delay and within 1 month of receipt of the request 

Will provide the information free of charge 

May tell the individual we will comply within 3 months of receipt of the request, where a request is  complex or numerous. We will inform the individual of this within 1 month, and explain why the  extension is necessary 

We will not disclose information if it: 

Might cause serious harm to the physical or mental health of the pupil or another individual  Would reveal that the child is at risk of abuse, where the disclosure of that information would not  be in the child’s best interests 

Is contained in adoption or parental order records 

Is given to a court in proceedings concerning the child

 

If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee  which takes into account administrative costs. 

A request will be deemed to be unfounded or excessive if it is repetitive, or asks for further copies of  the same information. 

When we refuse a request, we will tell the individual why, and tell them they have the right to  complain to the ICO. 

 

9.4 Other data protection rights of the individual

 

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. 

 

10. Parental requests to see the educational record

 

There is no automatic parental right of access to the educational record in our setting. 

 

11. Photographs and videos 

 

As part of our school activities, we may take photographs and record images of individuals within  our school. 

We will obtain written consent from parents/carers for photographs and videos to be taken of their  child for communication, marketing and promotional materials. We will clearly explain how the  photograph and/or video will be used to both the parent/carer and pupil. 

Uses may include: 

Within school on notice boards and in school brochures, newsletters, etc. 

Outside of school by external agencies such as the school photographer, newspapers, campaigns Online on our school website or social media pages 

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. 

See our child protection and safeguarding policy for more information on our use of photographs  and videos. 

 

12. Data protection by design and default 

 

We will put measures in place to show that we have integrated data protection into all of our data  processing activities, including: 

Appointing a DPO, and ensuring they have the necessary resources to fulfil their duties 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: 

o 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) 

o For 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

 

13. Data security and storage of records

 

We will protect personal data and keep it safe from unauthorised or unlawful access, alteration,  processing or disclosure, and against accidental or unlawful loss, destruction or damage. In particular: 

Paper-based records and portable electronic devices, such as laptops and hard drives that contain  personal data are kept under lock and key when not in use 

Papers containing confidential personal data must not be left on office and classroom desks, on  staffroom tables, pinned to notice/display boards, or left anywhere else where there is general  access 

Where personal information needs to be taken off site, staff must sign it in and out from the school  office 

Passwords that are at least 8 characters long containing letters and numbers are used to access  school computers, laptops and other electronic devices. Staff and pupils are reminded to change  their passwords at regular intervals 

Encryption software is used to protect all portable devices and removable media, such as laptops and USB devices 

Staff, pupils or governors who store personal information on their personal devices are expected  to follow the same security procedures as for school-owned equipment (see our online safety policy  /acceptable use agreement) 

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)

 

14. Disposal of records 

 

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. 

 

15. Personal data breaches

 

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 

 

16. Training

 

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. 

 

17. Monitoring arrangements 

 

The DPO is responsible for monitoring and reviewing this policy. 

This policy will be reviewed and updated if necessary when the Data Protection Bill receives royal  assent and becomes law (as the Data Protection Act 2018) – if any changes are made to the bill that  affect our school’s practice. Otherwise, or from then on, this policy will be reviewed annually and  shared with the full governing body. 

 

18. Links with other policies 

 

This data protection policy is linked to our: 

Freedom of information publication scheme 

E-Safety Policy/Acceptable use of IT 

Child Protection Policy

 

Appendix 1: Personal data breach procedure 

 

This procedure is based on guidance on personal data breaches produced by the ICO.  On finding or causing a breach, or potential breach, the staff member or data processor must  immediately notify the DPO 

The DPO will investigate the report, and determine whether a breach has occurred. To decide, the  DPO will consider whether personal data has been accidentally or unlawfully:  o Lost 

o Stolen 

o Destroyed 

o Altered 

o Disclosed or made available where it should not have been 

o Made available to unauthorised people

The DPO will alert the Headteacher and the chair of governors 

The DPO will make all reasonable efforts to contain and minimise the impact of the breach,  assisted by relevant staff members or data processors where necessary. (Actions relevant to specific  data types are set out at the end of this procedure) 

The DPO will assess the potential consequences, based on how serious they are, and how likely  they are to happen 

The DPO will work out whether the breach must be reported to the ICO. This must be judged on a  case-by-case basis. To decide, the DPO will consider whether the breach is likely to negatively affect  people’s rights and freedoms, and cause them any physical, material or non-material damage (e.g.  emotional distress), including through: 

o Loss of control over their data 

o Discrimination 

o Identify theft or fraud 

o Financial loss 

o Unauthorised reversal of pseudonymisation (for example, key-coding) 

o Damage to reputation 

o Loss of confidentiality 

o Any other significant economic or social disadvantage to the individual(s) concerned  If it’s likely that there will be a risk to people’s rights and

freedoms, the DPO must notify the ICO. 

The DPO will document the decision (either way), in case it is challenged at a later date by the ICO  or an individual affected by the breach. Documented decisions are stored on the school’s computer  system.

Where the ICO must be notified, the DPO will do this via the ‘report a breach’ page of the ICO  website within 72 hours. As required, the DPO will set out: 

  • A description of the nature of the personal data breach including, where possible: 
  •  The categories and approximate number of individuals concerned 
  • The categories and approximate number of personal data records concerned 
  • The name and contact details of the DPO 
  • A description of the likely consequences of the personal data breach 
  • A description of the measures that have been, or will be taken, to deal with the breach and  mitigate any possible adverse effects on the individual(s) concerned

 

If all the above details are not yet known, the DPO will report as much as they can within 72 hours.  The report will explain that there is a delay, the reasons why, and when the DPO expects to have  further information. The DPO will submit the remaining information as soon as possible  The DPO will also assess the risk to individuals, again based on the severity and likelihood of  potential or actual impact. If the risk is high, the DPO will promptly inform, in writing, all individuals  whose personal data has been breached. This notification will set out: 

o The name and contact details of the DPO 

o A description of the likely consequences of the personal data breach

o A description of the measures that have been, or will be, taken to deal with the data  breach and mitigate any possible adverse effects on the individual(s) concerned  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 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

A positive, purposeful and enthusiastic atmosphere

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