01799 550300 admin@clavering.essex.sch.uk
Clavering Primary School

DATA PROTECTION POLICY AND PROCEDURES

Data Protection Policy

General rules in complying with Data Protection law

Policy points are numbered. The numbering corresponds to explanations of ‘why?’ and ‘how?’ for each point further down the page.

What must I do?
  1. MUST: All employees must comply with the requirements of Data Protection Law and Article 8 of the Human Rights Act when processing the personal data of living individuals
  2. MUST: Where personal data is used we must make sure that the data subjects have access to a complete and current Privacy Notice.
  3. MUST: We must formally assess the risk to privacy rights introduced by any new (or change to an existing) system or process which processes personal data
  4. MUST: We must process only the minimum amount of personal data necessary to deliver services.
  5. MUST: All employees who record opinions or intentions about service users must do so carefully and professionally
  6. MUST: We must take reasonable steps to ensure the personal data we hold is accurate, up to date and not misleading.
  7. MUST: We must rely on consent as a condition for processing personal data only if there is no relevant legal power or other condition
  8. MUST: Consent must be obtained if personal data is to be used for promoting or marketing goods and services.
  9. MUST: We must ensure that the personal data we process is reviewed and destroyed when it is no longer necessary.
  10. MUST: If we receive a request from a member of the public or colleagues asking to access their personal data, we must handle it as a Subject Access Request
  11. MUST: If we receive a request from anyone asking to access the personal data of someone other than themselves, we must fully consider Data Protection law before disclosing it
  12. MUST: When someone contacts us requesting we change the way we are processing their personal data, we must consider their rights under Data Protection law.
  13. MUST NOT: You must not access personal data which you have no right to view
  14. MUST: You must follow system user guidance or other formal processes which are in place to ensure that only those with a business need to access personal data are able to do so
  15. MUST: You must share personal data with external bodies who request it only if there is a current agreement in place to do so or it is approved by the Data Protection Officer.
  16. MUST: Where the content of telephone calls, emails, internet activity and video images of employees and the public is recorded, monitored and disclosed this must be done in compliance with the law and the regulator’s Code of Practice.
  17. MUST: All employees must be trained to an appropriate level, based on their roles and responsibilities, to be able to handle personal data securely.
  18. MUST: When using ‘data matching’ techniques, this must only be done for specific purposes in line with formal codes of practice, informing service users of the details, their legal rights and getting their consent where appropriate.
  19. MUST: We must maintain an up to date entry in the Public Register of Data Controllers
  20. MUST: Where personal data needs to be anonymised or pseudonymised, for example for research purposes, we must follow the relevant procedure
  21. MUST NOT: You must not share any personal data held by us with an individual or organisation based in any country outside of the European Economic Area
  22. To comply with the right of the Data Subject to have equivalent legal safeguards in place over their data in another country as they would here. The member states of the EEA share common legislation which provides assurance to us that personal data will be securely handled under the same provisions that exist under the Data Protection Act.
  23. To comply with Article 9 of GDPR
  24. To comply with Article 9 of GDPR and comply with a principle of Data Protection law requiring personal data is processed with appropriate security measures
Why must I do it?
  1. To comply with legislation
  2. To comply with Data Protection legislation which requires us to make the data subject aware of how we will handle their personal data
  3. To ensure that the rights of the Data Subject are protected in any proposed new activity or change to an existing one
  4. The law states that we must only process the minimum amount of information needed to carry out our business purpose. It is not acceptable to hold information on the basis that it might possibly be useful in the future without a view of how it will be used.   Changes in circumstances or failure to keep the information up to date may mean that information that was originally adequate becomes inadequate.
  5. To maintain professional standards and to assist in defending the validity of such comments if the data subject exercises their rights to ask us to amend or delete their personal data if they feel it to be inaccurate.
  6. To comply with a principle of Data Protection law
  7. To comply with Data Protection law. Where processing does not rely on a legal condition other than consent
  8. When using personal data for marketing and promoting services it is unlikely that any lawful condition other than consent would apply.
  9. To comply with a principle of Data Protection law.
  10. To comply with the right to access personal data
  11. To comply with a principle of Data Protection law.
  12. To comply with the rights of the Data Subject under Data Protection law
  13. Personal data must be protected by effective security controls to ensure that only those with approved business need to access the data can do so
  14. Personal data must be protected by effective security controls to ensure that only those with approved business need to access the data can do so
  15. To comply with the legal requirements to keep personal secure but also to ensure that where there are legal grounds to share information in a managed way that this is done correctly.
  16. The law permits organisations to hold such data in order to measure the quality of services being provided, to record consent etc. In certain circumstances recordings may be accessed e.g. to investigate alleged criminal activity or breaches of Organisation policy etc.
  17. To comply with a principle in Data Protection law.
  18. To comply with the Data Subject’s rights
  19. This is a regulatory requirement and allows the public to see what personal information we hold to support transparency
  20. Where personal data is used for research purposes, the processing of the data can be legitimised by provisions within Data Protection law
  21. To comply with the right of the Data Subject to have equivalent legal safeguards in place over their data in another country as they would here. The member states of the EEA share common legislation which provides assurance to us that personal data will be securely handled under the same provisions that exist under the Data Protection Act.
How must I do it?
  1. By following the points in this policy
  2. By approving and reviewing a compliant privacy notice in line with the Privacy Notice Procedure and making it available to the data subjects
  3. By completing and approving a Privacy Impact Assessment, or Data Protection Impact Assessment where the processing is ‘high risk’ to the rights of the data subjects.
  4. By ensuring that the means we use to gather personal data (such as forms etc) only ask for the information that is required in order to deliver the service.
  5. By considering that anything committed to record about an individual may be accessible by that individual in the future or challenged over its accuracy.
  6. For example, there should be at least an annual check of the currency of data held about service users and whenever contact is re-established with a service user, you should check that the information you hold about them is still correct.
  7. By following the points in the Consent Procedure
  8. By following the points in the Consent Procedure
  9. By following the points in the Records Management Policy. We must review personal data regularly and delete information which is no longer required; although we must take account of statutory and recommended minimum retention periods. Subject to certain conditions, the law allows us to keep indefinitely personal data processed only for historical, statistical or research purposes. The Retention Schedule will give guidance in these areas.
  10. By following the points in the Statutory Requests for Information Policy
  11. By following the points in the Statutory Requests for Information Policy. Such requests would typically be managed under the Freedom of Information Act (if from a member of the public) or under Data Protection or Justice law if for a criminal investigation, however the decision whether or not to disclose someone’s personal data to a third party must satisfy the requirements of Data Protection law
  12. By reviewing the impact of any requested change on any statutory duty being fulfilled by the Organisation.
  13. By being aware through training and guidance from your manager on what information is appropriate for you to access to do your job. Systems and other data storage must be designed to protect access to personal data. You must inform your manager if you have access to data which you suspect you are not entitled to view.
  14. By ensuring appropriate security controls are in place and rules to support those controls are followed. The following should be in place:
  • technical methods, such as encryption, password protection of systems, restricting access to network folders;
  • physical measures, such as locking cabinets, keeping equipment like laptops out of sight, ensuring buildings are physically secure; and
  • organisational measures, such as:
    • Providing appropriate induction and training so that staff know what is expected of them
    • Taking reasonable steps to ensure the reliability of staff that access personal data, for example, by the use of Disclosure and Barring Service (DBS) checks.
    • Making sure that passwords are kept secure, forced to be changed after an agreed period and are never shared
  1. Consult your manager, any procedure guidance or any library of sharing agreements managed by the Organisation. Consult the Data Protection Officer in one-off cases of sharing.
  2. By ensuring that employees and members of the public are fully aware of what personal data is being recorded about them and why, and it what circumstances that data may be used. Operation of overt surveillance equipment such as CCTV must always be done in line with relevant codes of practice captured in the Surveillance Management Procedure. Any covert surveillance must be done in line with the provisions in the Investigatory Powers Act (2016)
  3. By completing compulsory training courses relevant to your role
  4. By ensuring an Impact Assessment has been approved for the activity
  5. The entry should be reviewed annually and an update is to be made when any change to the purposes of processing personal data occur
  6. Follow the guidance in the Data Minimisation Procedure
  7. Consult the Data Protection Officer over any proposed sharing outside of the EEA. If you are a manager who is proposing a change to or implementing a new system which may involve the hosting of personal data in a nation outside the EEA, this must be first approved by a Privacy Impact Assessment 
What if I need to do something against the policy?

If you believe you have a valid business reason for an exception to these policy points, having read and understood the reasons why they are in place, please raise a formal request by contacting the SIRO.

Document Control

Version:                     1

Date approved:        22.5.18

Approved by:             FGB

Next review:              22.5.19

References
  • Data Protection Act 1998 (to May 25th 2018)
  • General Data Protection Regulations 2016 (from 25th May 2018)
  • Article 8, The Human Rights Act 1998
  • Investigatory Powers Act 2016
Breach Statement

Breaches of Information Policies will be investigated and may result in disciplinary action. Serious breaches of Policy may be considered gross misconduct and result in dismissal without notice, or legal action being taken against you.

Author R Allsop

Written May 2018

 

PRIVACY NOTICES

Clavering Primary School respects you and your child’s privacy when you use the Organisation’s services and is committed to complying with privacy legislation.

The information below is what is referred to as a ‘Privacy Notice’ which explain how the Organisation uses and protects your personal information.

Clavering Primary School has a Data Protection Officer whose role it is to ensure that any personal information processed by the Organisation is processed fairly and lawfully (respecting your rights and ensuring we follow the law). If you have any concerns or questions regarding how we look after your personal information, please contact the Data Protection Officer at DPO@essex.gov.uk  or by calling 03330 322970.

Why we use your personal information

Why we use personal information

We may need to use some information about you to:

  • deliver services and support to you;
  • manage those services;
  • train and manage the employment of our workers who deliver those services;
  • help investigate any worries or complaints you have about your services;
  • keep track of spending on services;
  • check the quality of services; and
  • to help with research and planning of new services.

What are our legal reasons for processing personal information?

There are a number of legal reasons why we need to collect and use personal data. Each privacy notice from the menu on the left explains for each service which legal reason is being used. Generally we collect and use personal information in the following circumstances:

  • Where you, or your legal representative, have given consent;
  • Where you have entered into a contract with us;
  • Where it is necessary to perform our statutory duties;
  • Where it is necessary to protect someone in an emergency;
  • Where it is required by law
  • Where it is necessary for employment purposes;
  • Where you have made your data publicly available;
  • Where it is necessary to establish, exercise or defend a legal claim;
  • Where it is in the substantial public interest;
  • Where it is necessary to protect public health; and
  • Where it is necessary for archiving public interest material, research, or statistical purposes.

Where we are using your consent to process your personal data, you have the right to withdraw that consent at any time. If you wish to withdraw your consent, please contact DPO@essex.gov.uk so that your request can be dealt with.

What is Personal Information?

Personal information is often records that can identify and relate to a living person. This can also include information that when put together with other information can then identify a person.

What are Special Categories of Information?

This is personal information that needs more protection due to its sensitivity. This information is likely to include:

  • sexuality and sexual health;
  • religious or philosophical beliefs;
  • ethnicity;
  • physical or mental health;
  • trade union membership;
  • political opinion; and
  • genetic/biometric data.

How we limit the use of personal information

Where necessary Clavering Primary School processes personal data to deliver our services effectively; but wherever possible, the data that we process will be anonymised, pseudonymised or de-personalised. This means the information can no longer identify a person.
When using personal data for research purposes, the data will be anonymised/pseudonymised to avoid the identification of a person, unless you have agreed that your personal information can be used for the research project.

We do not sell personal data to any other organisation for the purposes of selling products.

Your privacy rights

The law provides you with a number of rights to control the processing of your personal information:

Accessing the information we hold about you

You have the right to ask for all the information we have about you. When we receive a request from you in writing, we must normally give you access to everything we have recorded about you. However, we will not let you see any parts of your record which contain:

  • Confidential information about other people; or
  • Data an information professional thinks will cause serious harm to your or someone else’s physical or mental wellbeing; or
  • If we think that the prevention or detection of crime may be adversely affected by disclosing data to you.

This applies to paper and electronic records. If you ask us, we will also let others see your record (except if one of the points above applies).  If you cannot ask for your records in writing, we will make sure there are other ways you can apply. If you have any queries regarding access to your information please contact or telephone 01799 550300.

Changing information you believe to be inaccurate

You should let us know if you disagree with something written on your file. We may not always be able to change or remove the information; however, we will correct factual inaccuracies and may include your comments in the records.  Please use the contact details above to report inaccurate information.

Asking for your information to be deleted (right to be forgotten)

In some circumstances you can request the erasure of the personal information used by the Organisation, for example:

  • Where the personal information is no longer needed for the purpose for which it was collected.
  • Where you have withdrawn your consent to the use of your information (where there is no other legal basis for the processing).
  • Where there is no legal basis for the use of your information.
  • Where erasure is a legal obligation.

Where personal information has been shared with others, the Organisation shall make every reasonable effort to ensure those using your personal information comply with your request for erasure.

Please note that the right to erasure does not extend to using your personal information where:

  • It s required by law;
  • It is used for exercising the right of freedom of expression;
  • It is in the public interest in the area of public health;
  • It is for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes where it would seriously affect the achievement of the objectives of the processing;
  • It is necessary for the establishment, defense or exercise of legal claims.

Restricting what your information is used for

You have the right to ask us to restrict what we use your personal data for where one of the following applies:

  • You have identified inaccurate information, and have notified us of this.
  • Where using your information is unlawful, and you wish us to restrict rather than erase the information.
  • Where you have objected to us using the information, and the legal reason for us using your information has not yet been provided to you.

When information is restricted it cannot be used other than to securely store the data, and with your consent, to handle legal claims, protect others, or where it is for important public interests of the UK.

Where restriction of use has been granted, we will inform you before the use of your personal information is resumed.

You have the right to request that the Organisation stop using your personal information for some services. However, if this request is approved this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request, but we may need to hold or use information in connection with one or more of the Organisation’s legal functions.

Computer based decisions about you and if you are ‘profiled’

You have the right to object about decisions being made about you by automated means (by a computer and not a human being), unless it is required for any contract you have entered into, required by law, or you have consented to it. You also have the right to object if you are being ‘profiled’. Profiling is where decisions are made about you based on certain things in your personal information. If and when the Organisation uses your personal information to profile you, you will be informed.

If you have concerns regarding automated decision making, or profiling, please contact the Data Protection Officer who will be able to advise you about how your information is being used.

Who will we share your personal information with?

We use a range of companies and partners to either store personal information or to manage it for us. Where we have these arrangements there is always a contract, memorandum of understanding or information sharing protocol in place to ensure that the organisation complies with data protection law. We complete privacy impact assessments before we share personal information to ensure their compliance with the law.
Sometimes we have a legal duty to provide information about people to other organisations, e.g. Child Protection concerns or Court Orders.

We may also share your personal information when we feel there is a good reason that is more important than protecting your confidentiality. This does not happen often, but we may share your information:

  • to find and stop crime or fraud; or
  • if there are serious risks to the public, our staff or to other professionals; or
  • to protect a child.

The law does not allow us to share your information without your permission, unless there is proof that someone is at risk or it is required by law.

This risk must be serious before we can go against your right to confidentiality.  When we are worried about physical safety or we feel that we need to take action to protect someone from being harmed in other ways, we will discuss this with you and, if possible, get your permission to tell others about your situation.

We may still share your information if we believe the risk to others is serious enough to do so.

There may also be rare occasions when the risk to others is so great that we need to share information straight away. If this is the case, we will make sure that we record what information we share and our reasons for doing so. We will let you know what we have done and why as soon as or if we think it is safe to do so.

How do we protect your information?

We will do what we can to make sure we hold personal records (on paper and electronically) in a secure way, and we will only make them available to those who have a right to see them.  Our security includes:

  • Encryption allows information to be hidden so that it cannot be read without special knowledge (such as a password). This is done with a secret code or cypher. The hidden information is said to be encrypted.
  • Pseudonymisation allows us to hide parts of your personal information from view so only we can see it. This means that someone outside of ECC could work on your information for us without ever knowing it was yours.
  • Controlling access to systems and networks allows us to stop people who are not allowed to view your personal information from getting access to it.
  • Training for our staff allows us to make them aware of how to handle information and how and when to report when something goes wrong.
  • Ways for us to access your information should something go wrong and our systems not work, including how we manage your information in event of an emergency or disaster.
  • Regular testing of our technology and processes including keeping up to date on the latest security updates (commonly called patches).

View our policy on Data Protection – outlined above

If your information leaves the country

Sometimes, for example where we receive a request to transfer Organisation records to a new Organisation, it is necessary to send that information outside of the UK. In such circumstances additional protection will be applied to that data during its transfer, and where the receiving country does not have an adequacy decision from the European Commission, advice will be sought from the Information Commissioners Office prior to the data being sent.

How long do we keep your personal information?

For each reason why we use your personal information there is often a legal reason for why we need to keep it for a period of time. We try to capture all of these and detail them in what’s called a ‘retention schedule’. This schedule lists for each service how long your information may be kept for.

Please click here

Retention Schedule

Where can I get advice?

You can contact our Data Protection Officer at or by calling 03330 322970.

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner’s Office (ICO) at:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email .

Cookies (not the edible ones) & how you use this website

To make this website easier to use, we sometimes place small text files on your device (for example your iPad or laptop). These are known as ‘cookies’. Most big websites do this too.

They improve things by:

  • remembering the things you’ve chosen, so you don’t have to keep re-entering them whenever you visit a new page;
  • remembering data you’ve given (for example, your address) so you don’t need to keep entering it; and
  • measuring how you use the website so we can make sure it meets your needs.

By using our website, you agree that we can place these types of cookies on your device.

We do not use cookies on this website that collect information about what other websites you visit (often referred to as privacy intrusive cookies).

Our cookies aren’t used to identify you personally. They’re just here to make the site work better for you. Indeed, you can manage and/or delete these files as you wish.

To learn more about cookies and how to manage them, visit AboutCookies.org or watch a video about cookies.

How you use this website (something called ‘Google Analytics’)

We use Google Analytics to collect information about how people use this site. We do this to make sure it’s meeting peoples’ needs and to understand how we can make the website work better.

Google Analytics stores information about what pages on this site you visit, how long you are on the site, how you got here and what you click on while you are here. We do not collect or store any other personal information (e.g. your name or address) so this data cannot be used to identify who you are.

Name Typical Content Expires
_utma randomly generated number 2 years
_utmb randomly generated number 30 minutes
_utmc randomly generated number when you close your browser
_utmx randomly generated number 2 years
_utmxx randomly generated number 2 years
_utmz randomly generated number and data on how the site was reached (e.g. direct or via a link, organic search or paid search)

We also collect data on the number of times a word is searched for on the site and the number of failed searches. We use this information to improve access to the site and to identify gaps in the content and see if it is something we should add to the site.

Unless the law allows us to, we do not:

  • share any of the data we collect about you with others; or
  • use this data to identify individuals.

Other people’s cookies

We use videos from YouTube and feeds from other websites such as Facebook and Twitter. These websites place cookies on your device when watching or viewing these pages.

Below are links to their cookie policies:

  • Google and YouTube – https://policies.google.com/technologies/cookies
  • Facebook – https://en-gb.facebook.com/about/privacy/cookies
  • Twitter – https://twitter.com/en/privacy

Turning off cookies

You can stop cookies being downloaded on to your computer or other device by selecting the appropriate settings on your browser. If you do this, however, you may not be able to use the full functionality of this website.

There is more information about how to delete or stop using cookies on AboutCookies.org. If you wish, you can also opt out of being tracked by Google Analytics.

Further guidance on the use of personal information can be found at ico.org.uk  https://ico.org.uk

Further Privacy Notices

Privacy notice – processing under consent (excluding use of photo and video)

Privacy notice – processing of photo and video

Privacy Notice – statutory processing of pupil and parent data

Privacy Notice – Volunteers

Privacy Notice – Governors Services

Privacy Notice – Employment Records for school staff

Privacy notice – processing of online payments

 

STATUTORY REQUESTS

Statutory Requests

ADVICE TO PARENTS/GUARDIANS

11B. GDPR Rights – Advice to Parents-Guardians