Toucanto collects and uses personal information about staff, students, parents or carers and other individuals who come into contact with the provider. This information is gathered in order to enable it to provide education and other associated functions. In addition, there may be a legal requirement to collect and use information to ensure that Toucanto complies with its statutory obligations. Schools have a duty to be registered, as Data Controllers, with the Information Commissioner’s Office (ICO) detailing the information held and its use. These details are then available on the ICO’s website. Schools also have a duty to issue a Fair Processing Notice to all students/parents or carers, this summarises the information held on students, why it is held and the other parties to whom it may be passed on. Purpose This policy is intended to ensure that personal information is dealt with correctly and securely and in accordance with the Data Protection Act 1998, and other related legislation. It will apply to information regardless of the way it is collected, used, recorded, stored and destroyed, and irrespective of whether it is held in paper files or electronically. All staff involved with the collection, processing and disclosure of personal data will be aware of their duties and responsibilities by adhering to these guidelines.
Personal information or data is defined as data which relates to a living individual who can be identified from that data, or other information held. Data Protection Principles The Data Protection Act 1998 establishes eight enforceable principles that must be adhered to at all times:
1) Personal data shall be processed fairly and lawfully;
2) Personal data shall be obtained only for one or more specified and lawful purposes;
3) Personal data shall be adequate, relevant and not excessive;
4) Personal data shall be accurate and where necessary, kept up to date;
5) Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose or those purposes;
6) Personal data shall be processed in accordance with the rights of data
7) subjects under the Data Protection Act 1998;
8) Personal data shall be kept secure i.e. protected by an appropriate degree of security;
9) Personal data shall not be transferred to a country or territory outside the
10) European Economic Area, unless that country or territory ensures an adequate level of data protection.
Toucanto is committed to maintaining the above principles at all times. Therefore it will:
- Inform individuals why the information is being collected when it is collected
- Inform individuals when their information is shared, and why and with whom it was shared
- Check the quality and the accuracy of the information it holds
- Ensure that information is not retained for longer than is necessary
- Ensure that when obsolete information is destroyed that it is done so appropriately and securely
- Ensure that clear and robust safeguards are in place to protect personal information from loss, theft and unauthorised disclosure, irrespective of the format in which it is recorded
- Share information with others only when it is legally appropriate to do so
- Set out procedures to ensure compliance with the duty to respond to requests for access to personal information, known as Subject Access Requests
- Ensure our staff are aware of and understand our policies and procedures Complaints Complaints will be dealt with in accordance with the school’s complaints policy. Complaints relating to information handling may be referred to the Information Commissioner (the statutory regulator).
This policy will be reviewed as it is deemed appropriate, but no less frequently than every 2 years. The policy review will be undertaken by the training Coordinator, or nominated representative. If you have any enquires in relation to this policy, please contactSuzanne Batten Training Coordinator firstname.lastname@example.org who will also act as the contact point for any subject access requests.
Further advice and information is available from the Information Commissioner’s Office, http://www.ico.gov.uk
GDPR COMPLIANCE POLICY
The new accountability principle in Article 5(2) of the GDPR requires data controllers to demonstrate that they comply with the good practice principles set out in the Regulation, and states explicitly that this is their responsibility. Toucanto is the data controller of the personal information you provide to us. This Notice sets out most of your rights under the new laws.
Further information about the new law can be found on the Information Commissioners website: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
The categories of pupil information that we collect, hold and share include:
Personal information (such as name, unique pupil number and address)
Characteristics (such as ethnicity, language, nationality, country of birth)
Attendance information (such as sessions attended, number of absences and absence reasons)
Relevant medical information
Special Educational Needs information
Exclusions / behavioural information
Why we collect and use this information
We use the pupil data:
To support pupil learning
To monitor and report on pupil progress
To provide appropriate pastoral care
To assess the quality of our services
To comply with the law regarding data sharing
To assist with our administration and communication systems – for example, text messaging in school.
The lawful basis on which we use this information
We collect and use pupil information in accordance with the lawful basis for collecting and using pupil information specified in the GDPR (Articles 6 and 8).
Processing is necessary for compliance with a legal obligation – an example is Education Act 1996 census – this information can be found in the census guide documents on the following website https://www.gov.uk/education/data-collection-and-censuses-for-schools
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
Explicit consent of the data subject
Collecting pupil information
Whilst the majority of pupil information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain pupil information to us or if you have a choice in this.
Storing pupil data
We hold pupil data in line with the Information Records Management Society Toolkit for Schools https://irms.org.uk/page/SchoolsToolkit
Personal data is retained whilst the child remains atour educational facility.
Pupil administration data held for up to a further 6 years.
Toucanto follows the recommendations for records storage and retention issued by the Information and Records Management Society (IRMS)
Who we share pupil information with
We routinely share pupil information with:
Schools that pupils attend after leaving us
Our local authority
The Department for Education (DfE)
Educational support system providers
Why we 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.
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)
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. We are required by law, to provide information about our pupils to the DfE as part of statutory data collections such as the school census and early years’ census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Pupils) (England) Regulations 2013. To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-and-supporting-information. The department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:
Conducting research or analysis
Providing information, advice or guidance
The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and based on a detailed assessment of:
Who is requesting the data
The purpose for which it is required
The level and sensitivity of data requested: and
The arrangements in place to store and handle the data
To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data. For more information about the department’s data sharing process, please visit: https://www.gov.uk/data-protection-how-we-collect-and-share-research-data For information about which organisations the department has provided pupil information, (and for which project), please visit the following website: https://www.gov.uk/government/publications/national-pupil-database-requests-received To contact DfE: https://www.gov.uk/contact-dfe
Requesting access to your personal data
Under data protection legislation, parents and pupils have the right to request access to information about them that we hold. To make a request for your personal information, or be given access to your child’s educational record, contact the Learning coordinator / Data Protection Officer. 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
Claim compensation for damages caused by a breach of the Data Protection regulations
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/
Data Protection Officer: Suzanne Batten