Privacy notices

Details of Privacy Notices for pupils and Staff with effect from January 2010 : School Census and School Workforce Census.

The Information Commissioner has recommended that the term 'Fair Processing Notice' be replaced by 'Privacy Notice'. The Department for Education (DfE) is therefore adopting this approach in its data collections from now on and has reviewed the whole process of issuing Privacy Notices.

The Privacy Notice sets out, in general terms, what the school, DfE and other bodies do with the data collected about pupils and staff and saves these organisations sending separate notices.

The new process will mean much simpler Privacy Notices, where details of any organisations with which the Local Authority and DfE share data are contained on the Local Authority and DfE websites, with links from the Privacy Notices. This means that Privacy Notices do not need reissuing on an annual basis. The aim is to make the Privacy Notices issued to children and staff general and constant. Any changes to the details of organisations with which school or Local Authority data is shared will be updated on the Local Authority and DfE websites.

All schools, Local Authorities, DfE and other educational bodies that process personal data about pupils are required by the Data Protection Act to issue a Privacy Notice to parents, to inform them and their child/children of the purposes for which that personal data may be held and used. This includes Non-Maintained Special Schools (NMSSs), City Technology Colleges (CTCs) and Academies.  They must also issue a Privacy Notice to all members of staff to inform them how their personal data is also processed for the purposes of the Workforce Census.

This Privacy covers the legal responsibilities of the school and Local Authority (as data controllers under the Data Protection Act (DPA) 1998) and of the Local Authority (under the Children Act 2004) to provide information to ContactPoint, which is a directory that will help people who work with children and young people to quickly find out who else is working with the same child, making it easier to deliver more coordinated support.

The school will issue the Privacy Notice (attachment 1), including the text necessary to meet local requirements. This shows what information is held about the pupil and the parents/carers & is shown to all parents/pupils prior to the collection of the data in January 2010 (or as soon as practical after a pupil joins the school, if they are not on roll at the start of the term.  

A similar arrangement is recommended for the issue of a privacy notice to all currently employed Staff (attachment 2).  It will be for the Local Authority's Human Resources to ensure that all newly employed staff are issued the Privacy Notice as part of their contract of employment (attachment 3). 

Please refer to our downloads for accompanying notices which will be updated by the Local Authority when required.