The Data Protection Act states that unless a relevant exemption applies, personal data is only processed fairly if certain information is provided to the individual/s concerned. This information takes the form of a Privacy Notice (also known as a Fair Processing Notice).
This section of our site contains links to two of the Council's Privacy Notices, as follows.
- Within The Data Protection Act (1998), schools are known as ‘Data Controllers’ as they collect, receive and hold personal data about their pupils and their school workforce.
- The Data Protection Act imposes obligations on those responsible for processing personal data. It gives individuals rights to access their personal information, with parents exercising this right on behalf of their children if the children are too young to do so themselves.
- Under the Act, the information held by schools about their pupils and their workforce must only be used for specific purposes. Schools are required to write to parents/pupils and their workforce to tell them about the types of data held, why it is held and to whom it may be passed. This is referred to as a 'Privacy Notice'.
- Privacy Notices for pupils and the school workforce can be found in the attached documents to the right.
Personal Data: Pupils
- The personal data held by a school about its pupils is used to support pupils' teaching and learning, to monitor and report on pupils' progress, to provide appropriate pastoral care and to assess how well the school is doing.
- The information held includes pupils' contact details, national curriculum assessment results, attendance information (for pupils aged 5 and over at maintained schools), characteristics such as ethnic group, special educational needs and any relevant medical information.
- The Local Authority uses information about children for whom it provides services, to enable it to carry out specific functions for which it is responsible, such as the assessment of any special educational needs the child may have.
- The Local Authority also uses the information to derive statistics to inform decisions on (for example) the funding of schools, and to assess the performance of schools and set targets for them. The statistics are used in such a way that individual children cannot be identified from them.
- Under Section 11 of the Childcare Act 2006, the Local Authority has a statutory duty to assess, every three years, the demand for childcare places against the supply of places in order to identify and address gaps in the market. This process involves parental consultation and the Local Authority will use address information to randomly stratify a sample of parents.
- The Local Authority (LA) uses information about children for whom it provides services, to enable it to carry out specific functions for which it is responsible, such as the assessment of any special educational needs the child may have. It also uses the information to derive statistics to inform decisions on (for example) the funding of schools, and to assess the performance of schools and set targets for them. The statistics are used in such a way that individual children cannot be identified from them.
- The Local Authority will use information about its school workforce for research and statistical purposes, and to evaluate and develop education policy and strategies. The statistics are used in such a way that individual staff cannot be indentified from them. The LA may also use it to support and monitor schools regarding sickness and recruitment of staff.
Primary Care Trusts (PCT)
- Primary Care Trusts (PCT) use information about pupils for research and statistical purposes, to monitor the performance of local health services and to evaluate and develop them. The statistics are used in such a way that individual pupils cannot be identified from them. Information on the height and weight of individual pupils may however be provided to the child and its parents and this will require the PCTs to maintain details of pupils’ names for this purpose for a period designated by the Department of Health following the weighing and measuring process. PCTs may also provide individual schools and LAs with aggregate information on pupils’ height and weight.
Youth Support Services
Youth Support Services - For pupils aged 13 years and over, the school is legally required to pass on certain information to the provider of youth support services in their area. This is the local authority support service for young people aged 13 to 19 in England. The school must provide the name and address of the pupil and their parents and any further information relevant to the support services' role. In addition, the date of birth of the pupil is supplied.
Youth Support Services pass on some of the information they collect to the Department for Education (DfE) to enable them to access the local authorities' performance and determine the destinations of young people after they have left compulsary education. If you require more information about how the DfE store and use your information then please go to the following web address: www.education.gov.uk/researchandstatistics/datatdatam/b00212337/datause
Until pupils are aged 16 or older, their parent(s) can ask that no information beyond their children’s name, address and date of birth (and their own name and address) be passed to the youth support services provider. This right transfers to the pupil on their 16th birthday. Pupils and/or parents will need to inform the school if this is what they wish.
Use of CIN (Children in Need) Information
We Bath & North East Somerset hold personal data about our children in care or those children to whom we provide services, and use this data to:
Support children and monitor their progress;
Provide appropriate support and pastoral care; and
Assess how well the Local Authority (LA) as a whole is doing.
This information includes personal characteristics and details for the services we provide.
We are required to pass on some of this information (but not the names of individual children) to the Department for Education (DfE) who use it to help with their policy development, LA performance management and funding and to assist with the development of good practice. If you want to see a copy of the information we hold and share about you then please contact the Data and Performance Team (please see contact details below).
If you require more information about how the LA and/or DfE store and use this data please read the above text, or information available on the DfE website or via post or phone (details which can also be found at the bottom of this page): www.education.gov.uk/researchandstatistics/datatdatam/b00212337/datause
Online information, advice and support on a range of issues affecting young people can be found on the Directgov Young People page at www.direct.gov.uk/en/YoungPeople/index.htm with access to trained helpline advisers, via SMS text message, telephone, webchat and email.
For further information relating to Privacy Notices and the Data Protection Act 1998 generally please visit the Information Commissioners website.
Data & Performance Team contact details:
2nd Floor Riverside North, Temple Street, Keynsham, BS31 1LA
Phone: 01225 395346
Department for Education (DfE) contact details:
Public Communications Unit, Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT
Tel: 0870 000 2288
This authority is required by law to protect the public funds it administers. It may share information provided to it with other bodies responsible for auditing or administering public funds, in order to prevent and detect fraud.
The Cabinet Office appoints the auditor to audit the accounts of this authority. It is also responsible for carrying out data matching exercises.
Data matching involves comparing computer records held by one body against other computer records held by the same or another body to see how far they match. This is usually personal information. Computerised data matching allows potentially fraudulent claims and payments to be identified. Where a match is found it may indicate that there is an inconsistency which requires further investigation. No assumption can be made as to whether there is fraud, error or other explanation until an investigation is carried out.
The Cabinet Office currently requires us to participate in a data matching exercise to assist in the prevention and detection of fraud. We are required to provide particular sets of data to the Cabinet Office for matching for each exercise, and these are set out in the Cabinet Office’s guidance.
The use of data by the Cabinet Office in a data matching exercise is carried out with statutory authority under its powers in Part 6 of the Local Audit and Accountability Act 2014. It does not require the consent of the individuals concerned under the Data Protection Act 1998.
Data matching by the Cabinet Office is subject to a Code of Practice.
For further information on the Cabinet Office’s legal powers and the reasons why it matches particular information, see Fair Processing Level 3 full text or contact the Council's Information Governance Team using the details on the left hand side of this screen.
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