Ernest Bevin College
Data Protection Policy
in accordance with the GPDR
Created: 15 May 2018
Written by: JWC
Approved by: Ernest Bevin College
In effect from: 25th May 2018
1. Legislation and guidance
This document meets the requirements of the GDPR and provisions of the DPA 2018. It is based on guidance published by the ICO for the GDPR, the ICO’s code of practice for subject access requests and the ICO’s code of practice for the use of surveillance cameras and personal data.
It is the aim of Ernest Bevin College to ensure that all personal data collected or kept regarding all staff, students, parents, governors, and other individuals is processed, collected and stored in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) as outlined in the Data Protection Bill. This document applies to all data, regardless of the format, be it paper or electronic.
3. Roles and responsibilities
This document applies to all staff employed by Ernest Bevin College, and to all external organisations or individuals working on Ernest Bevin College’s behalf. Any individual/s who fail to comply with this document may face disciplinary action.
3.1 The data controller
Ernest Bevin College processes personal data and information relating to all parents, students, staff, governors, and other individuals. Therefore, Ernest Bevin College 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.
3.2 Data protection officer
The data protection officer (DPO) is responsible for overseeing the implementation of this policy, monitoring Ernest Bevin College’s compliance with data protection law, and developing related guidelines and policies where needed. The DPO will provide an annual report of his/her activities directly to the Board of Governors and, where relevant, report to the board his/her 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 the ICO.
The DPO for our Trust is currently Gary Hipple on behalf of Wandsworth Borough Council.
Contact: [email protected]
The Governing board has overall responsibility for ensuring that Ernest Bevin College complies with all relevant data protection obligations.
3.4 Head teacher
The head teacher acts as the representative of the data controller on a day-to-day basis.
All Staff employed by Ernest Bevin College are responsible for:
• Storing, processing and collecting any personal data in accordance with the policy outlined in this document
• Informing the school of any changes to their personal data/details, such as a change of phone number or change of address
• Contacting the DPO in the following circumstances:
o If they have any questions about the usage and operation of this policy, data protection law, storing personal data
o On how to keep personal data secure
o If they have any concerns about this policy not being followed
o If they are unsure on whether or not they have a lawful basis to use personal data in a particular way
o If they need to rely on or get consent, draft a privacy notice, deal with data protection rights invoked by any individual/s, or transfer personal data outside the European Economic Area
o If there has been or a risk of a data breach
o Whenever there is an process that may affect the privacy rights of individuals
o If they need help with any contracts or sharing of personal data with third parties
4. Data protection principles
The GDPR is based on data protection principles that Ernest Bevin College must comply with.
The data protection principles outlines that all 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 Ernest Bevin College aims to comply with the data protection principles.
5. Collecting of personal data
Ernest Bevin College will only collect personal data for specified and legitimate reasons. These reasons are clearly outlined to the individuals when we first collect their data. If Ernest Bevin College wants to use personal data for reasons other than those given when we first obtained it, we inform all individuals involved before we do so, and seek consent where and when necessary. All staff must only process personal data when and where necessary. When staff no longer need the personal data that is held, staff must ensure it is deleted. All records containing personal information should be made unreadable and properly disposed of. Paper records should be shredded. See the Network Services team on how to properly dispose of physical devices holding any data.
6. Sharing of personal data
Ernest Bevin College will not normally share personal data, but may do so where:
• There is an issue with a student or parent/carer that puts the safety of our student, staff or parents/carers at risk
• We need to liaise with external bodies – we will seek consent where appropriate before doing so
• Any of our suppliers or contractors need data to enable us to provide services to our staff and students – 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 students 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
All 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, is being, 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.
9.3 Subject access request
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 try to respond without delay and within a reasonable time period since the request
• Will try provide the information free of charge
Ernest Bevin College will not disclose information if it:
• May cause serious harm to the physical/mental health of the student or individual
• Will reveal that the student is at risk of abuse, where the disclosure of information will not be in the student’s best interests
• Is contained in adoption or parental order records
• Is given to a court in proceedings concerning the student
If the request is excessive or unnecessary, Ernest Bevin College holds the right to refuse to act on it, or to charge a fee which takes into account administrative costs. A request will be deemed to be excessive or unnecessary if it is repetitive. If Ernest Bevin College refuses a request, we will inform the individual why.
9.2 Student and subject access request
Personal data about a student belongs to that individual student, not the student’s parent/carer. For a parent or carer to make a subject access request on behalf of the student, the student must either be unable to understand their rights and the implications of a subject access request, or have given said parent/carer their consent.
Students below the age of 12 are not regarded to be mature enough to understand their rights and the implications of a subject access request. Therefore, most subject access requests from parent/carer of students at Ernest Bevin College may be granted without the express permission of the student.
9.4 Other data protection rights
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.
11. Photographs and videos
As part of Ernest Bevin College activities, we may take photographs and record images of individuals within Ernest Bevin College.
Examples of how images may be used within school include:
• As part of a learning activity; e.g. a teacher photographing the student at work and then sharing the pictures in the classroom, allowing them to see their work and make improvements.
• For presentation purposes around the school; e.g. in wall displays or slideshows that celebrate student’s work and achievements (we will not use a student’s name beside a photograph of them)
• As part of a recorded lesson observation; e.g. teachers using video to help them review and evaluate their practice, and discuss their lesson with other staff in order to develop their teaching.
We will obtain written consent from parents/carers for photographs and videos to be taken of their student for communication, marketing and promotional materials. We will clearly explain how the photographs and/or videos will be used to both the parent/carer and student.
Uses may include:
• School or Trust magazines, brochures, newsletters, prospectuses etc.
• Online on Ernest Bevin College website or social media pages
• In a presentation about the school or Trust and its work, in order to share its good practice with other schools or educators
• In the media (very rarely); e.g. if a newspaper photographer or television film crew attend an event.
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 student, to ensure they cannot be identified.
See our student protection and safeguarding policy for more information on our use of photographs and videos.
We use CCTV in various locations around Ernest Bevin College sites to ensure they remain safe. We will adhere to the ICO’s code of practice for the use of CCTV.
We do not need to ask individuals’ permission to use CCTV, but we make it clear where individuals are being recorded. Security cameras are clearly visible and accompanied by prominent signs explaining that CCTV is in use.
Any enquiries about a school’s CCTV system should be directed to the head teacher.
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 suitably qualified DPO, and ensuring they have the necessary resources to fulfil their duties and maintain their expert knowledge
• 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 Ernest Bevin College 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.
• 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 students 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, students 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 for more information).
• 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 students eligible for the student premium
• Safeguarding information being made available to an unauthorised person
• The theft of a school laptop containing non-encrypted personal data about students
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 practice. Otherwise, or from then on, this policy will be reviewed every 2 years and shared with the full Board of Governors.
18. Links with other policies
This data protection policy is linked to our:
• Student protection and safeguarding policy
• Online safety policy
• ICT acceptable use policy
• Data retention 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 at [email protected]
• 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 Disclosed or made available where it should not have been
o Made available to unauthorised people
• The DPO will alert the headteacher, the chair of local Governors and the Trust
• 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.
• If the breach has occurred via email, the DPO will ensure the sender attempts to recall the email 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 IT department to recall it. If 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.
• 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 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:
o 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
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 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 inform in writing all individuals whose personal data has been breached, without undue delay. 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 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 prevented from happening again. This meeting will happen as soon as reasonably possible
Actions to minimise the risk of data breaches
We will take the actions set out below to mitigate the risk of different types of data breach. We will review the effectiveness of these actions and amend them as necessary after any data breach.
All staff and Governors will be required to read, understand and sign a copy of the Network Acceptable Use Policy. Within this, users are advised that they should take every precaution to ensure that data is kept secure and is used appropriately, and are reminded that they must not:
• disclose any passwords for school systems or email accounts;
• use school/Trust ICT equipment or systems for non-school/Trust activities
• install any hardware or software on any school owned device without permission
• import personal data into any unauthorised programmes or apps
• use a USB stick to store or transfer personal data
• keep photos or videos of student on a phone or any other personal device
• take hard (paper) copies of any sensitive information or personal data home unless the head has explicitly agreed this
• use student’s full names anywhere on a school website, blog, app or social media page, unless in exceptional circumstances in which specific parental permission has been obtained (e.g. to celebrate an individual achievement in a news item)
• send unencrypted personal data via email, even within the Trust, unless it cannot be avoided (it is best to send a link to data on the system rather than in an attachment).
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
• 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.