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Data Protection Policy

 

Data Protection Policy

Table of Contents

1         Introduction. 4

2         Responsibilities. 4

2.1       Data Controller 4

2.2       Trustees. 4

2.3       Data Protection Officer 4

2.4       Head Teacher 5

2.5       All Staff 5

3         Policy. 5

3.1       Legislation and Guidance. 6

3.2       Data Protection Principles. 6

3.3       Collecting Personal Data. 6

3.3.1          Lawfulness, fairness and transparency. 6

3.3.2          Limitation, minimisation and accuracy. 7

3.4       Sharing Personal Data. 7

3.5       Subject Access Requests and Other Rights of Individuals. 8

3.5.1          Subject access requests. 8

3.5.2          Children and subject access requests. 9

3.5.3          Responding to subject access requests. 9

3.5.4          Other data protection rights of the individual 10

3.6       Parental Requests to see Educational Record. 10

3.7       CCTV. 10

3.8       Photographs and Videos. 11

3.9       Data Protection by Design and Default 11

3.10           Data Security and Storage of Records. 12

3.11           Disposal of Records. 13

3.12           Personal Data Breaches. 13

3.13           Training. 13

4         Review Period. 13

5         Definitions / Abbreviations. 14

5.1       Definitions. 14

5.2       Abbreviations. 15

6         Records. 15

7         References. 15

Appendix A – Personal Data Breach Procedure. 16

 1               Introduction

Hartlepool Aspire Trust aims to ensure that all personal data collected about staff, pupils, parents, governors, visitors and other individuals is collected, stored and processed in accordance with the General Data Protection Regulation (GDPR) and the expected provisions of the Data Protection Act 2018 (DPA 2018) as set out in the Data Protection Bill.

 

This policy applies to all personal data, regardless of whether it is in paper or electronic format.

 

2               Responsibilities

This policy applies to all staff employed by the Trust, and to external organisations or individuals working on our behalf. Staff who do not comply with this policy may face disciplinary action.

 

2.1        Data Controller

 

Catcote Academy and Catcote Futures process personal data relating to parents, pupils, staff, governors, visitors and others, and therefore are data controllers.

 

Catcote Academy and Catcote Futures are both Data Controllers and registered with the ICO and will renew this registration annually or as otherwise legally required.

 

2.2        Trustees

The Trustees have overall responsibility for ensuring that HAT complies with all relevant data protection obligations. The Board of Trustees is also responsible for approving and overseeing a corporate framework for the management of data protection issues.

 

2.3        Data Protection Officer

The data protection officer (DPO) is responsible for overseeing the implementation of this policy, monitoring our compliance with data protection law, and developing related policies and guidelines where applicable.

 

They will provide an annual report of their activities directly to the Trustees and, where relevant, report to the board their advice and recommendations on school/college data protection issues.

 

The DPO is also the first point of contact for individuals whose data the Trust processes, and for the ICO.

 

Full details of the DPO’s responsibilities are set out in a service level agreement.

 

The Trust’s DPO is Veritau Limited.

 

2.4        Head Teacher

The head teacher acts as the representative of the data controller on a day-to-day basis.

2.5        All Staff

Staff are responsible for:

  • Collecting, storing and processing any personal data in accordance with this policy
  • Informing the school of any changes to their personal data, such as a change of address, etc.
  • Contacting the DPO in the following circumstances:
    • With any questions about the operation of this policy, data protection law, retaining personal data or keeping personal data secure
    • If they have any concerns that this policy is not being followed
    • If they are unsure whether or not they have a lawful basis to use personal data in a particular way
  • If they need to rely on or capture consent, draft a privacy notice, deal with data protection rights invoked by an individual, or transfer personal data outside the European Economic Area
  • If there has been a data breach
  • Whenever they are engaging in a new activity that may affect the privacy rights of individuals
  • If they need help with any contracts or sharing personal data with third parties

 

3               Policy

This policy is intended to ensure that personal information is dealt with correctly and securely and in accordance with the General Data Protection Regulation (GDPR), 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.

3.1        Legislation and Guidance

This policy meets the requirements of the GDPR and the expected provisions of the DPA 2018. It is based on guidance published by the Information Commissioner’s Office (ICO) on the GDPR and the ICO’s code of practice for subject access requests.

 

It also reflects the ICO’s code of practice for the use of surveillance cameras and personal information.

 

3.2        Data Protection Principles

 

The GDPR is based on data protection principles that the Trust must comply with.

The principles say that 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 the Trust aims to comply with these principles.

 

3.3        Collecting Personal Data

3.3.1                  Lawfulness, fairness and transparency

The Trust will only process personal data where we have one of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:

  • so that the school/college can fulfil a contract with the individual, or the individual has asked the school to take specific steps before entering into a contract
  • so that the school/college can comply with a legal obligation
  • to ensure the vital interests of the individual e.g. to protect someone’s life
  • so that the school/college, as a public authority, can perform a task in the public interest, and carry out its official functions
  • for the legitimate interests of the school/college or a third party (provided the individual’s rights and freedoms are not overridden)
  • The individual (or their parent/carer when appropriate in the case of a pupil) has freely given clear consent

 

For special categories of personal data, we will also meet one of the special category conditions for processing data which are set out in the GDPR 2018.

 

If we offer online services to pupils, such as classroom apps, and we intend to rely on consent as a basis for processing, we will obtain parental consent where the pupil is under 13 (except for online counselling and preventive services), or where it is deemed that the student does not have the capacity to understand their rights and the implications of giving such consent.

 

Whenever we first collect personal data directly from individuals, we will provide them with the relevant information required by data protection law.

 

3.3.2                  Limitation, minimisation and accuracy

The Trust will only collect personal data for specified, explicit and legitimate reasons. We will explain these reasons to the individuals when we first collect their data.

 

If we want to use personal data for reasons other than those given when we first obtained it, we will inform the individuals concerned before we do so, and seek consent where necessary.

 

Staff must only process personal data where it is necessary in order to carry out their duties.

 

When staff no longer need the personal data they hold, they must ensure it is deleted or anonymised. This will be done in accordance with the school/college’s data retention and disposal policy (HAT/POL/HS/16).

 

3.4        Sharing Personal Data

The Trust will not normally share personal data with anyone else, but may do so where:

  • There is an issue with a pupil or parent/carer that puts the safety of the student, our staff or other students at risk
  • We need to liaise with other agencies – we will seek consent if necessary before doing this
  • Our suppliers or contractors need data to enable us to provide services to our staff and pupils – for example, IT companies, HR support, therapy services. When doing this, we will:
    • Only appoint suppliers or contractors which can provide sufficient guarantees that they comply with data protection law
    • 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
    • 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 pupils 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.

3.5        Subject Access Requests and Other Rights of Individuals

3.5.1                  Subject access requests

Individuals have a right to make a ‘subject access request’ to gain access to personal information that HAT 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, 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. The SAR procedure is detailed separately (HAT/PROC/HS/06).

3.5.2                  Children and subject access requests

Personal data about a child belongs to that child, and not the child’s parents or carers. For a parent or carer to make a subject access request with respect to their child, the child must either be unable to understand their rights and the implications of a subject access request, or have given their consent.

 

Children aged 12 and above are generally regarded to be mature enough to understand their rights and the implications of a subject access request. This is not a rule and a pupil’s ability to understand their rights will always be judged on a case-by-case basis.

 

3.5.3                  Responding to subject access requests

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 respond without delay and within 1 month of receipt of the request
  • Will provide the information free of charge
  • May tell the individual we will comply within 3 months of receipt of the request, where a request is complex or numerous. We will inform the individual of this within 1 month, and explain why the extension is necessary

 

We will not disclose information if it:

  • Might cause serious harm to the physical or mental health of the pupil or another individual
  • Would reveal that the pupil is at risk of abuse, where the disclosure of that information would not be in the pupil’s best interests
  • Is contained in adoption or parental order records
  • Is given to a court in proceedings concerning the pupil

If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee which takes into account administrative costs.

 

A request will be deemed to be unfounded or excessive if it is repetitive, or asks for further copies of the same information.

 

When we refuse a request, we will tell the individual why, and tell them they have the right to complain to the ICO.

 

3.5.4                  Other data protection rights of the individual

In addition to the right to make a subject access request (see above), and to receive information about how we use and process their data (see section 3.3), 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.

3.6        Parental Requests to see Educational Record

Parents, or those with parental responsibility, have no automatic right of access to their child’s educational record (which includes most information about a pupil).

 

However, requests will be considered on a case by case basis and a charge to cover administrative costs may be made.

 

3.7        CCTV

The Trust use CCTV in various locations around its sites to ensure it remains 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 the CCTV system should be directed to the Premises Manager.

3.8        Photographs and Videos

As part of the Trust’s activities, we may take photographs and record images of individuals within our organisation.

 

We will obtain written consent from parents/carers, or pupils aged 18 and over (unless it is deemed that the pupil does not have the capacity to understand their rights and the implications of giving consent), for photographs and videos to be taken of pupils for communication, marketing and promotional materials.

 

Where we need parental consent, we will clearly explain how the photograph and/or video will be used to both the parent/carer and pupil. Where we don’t need parental or student consent, we will clearly explain to the pupil how the photograph and/or video will be used.

 

Uses may include:

  • Within school/college on notice boards and photo displays, in school/college magazines, brochures, newsletters, etc.
  • Outside of school/college by external agencies such as the school photographer, newspapers, campaigns
  • Online on our school website or social media pages
  • Marketing leaflets, posters and displays, including those used for the Trusts’ retail and catering facilities.

Consent can be refused or withdrawn at any time. The parent/student must submit their request in writing to the DPO (Catcote Academy, Catcote Road, Hartlepool, TS25 4EZ). They will then be sent a new form to complete and sign.

 

If consent is withdrawn we will not use the student’s photograph in future publications, posts, productions of literature and will remove displays which include the student. Withdrawing consent will not affect any images or videos that have been shared prior to withdrawal.

 

3.9        Data Protection by Design and Default

The Trust 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 3.2)
  • 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:
    • For the benefit of data subjects, making available the name and contact details of our school and DPO and all information we are required to share about how we use and process their personal data (via our privacy notices)
    • 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

3.10    Data Security and Storage of Records

The Trust 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.

 

In particular:

  • 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 follow signing in and out procedures and use the appropriate zip lock files, bags, locks and       identification tags to prevent loss of information.
  • Passwords must not be shared and should be changed regularly using the required type and number of characters in line with procedures.
  • Encryption software is used to protect all portable devices and removable media, such as laptops and USB devices
  • Staff, pupils or governors who store personal information on their personal devices are expected to follow the same security procedures as for school-owned equipment
  • 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 3.4)

3.11    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 Trust’s behalf. If we do so, we will require the third party to provide sufficient guarantees that it complies with data protection law.

3.12    Personal Data Breaches

The Trust 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 A.

 

When appropriate, we will report the data breach to the ICO within 72 hours. Such breaches in a school/college context may include, but are not limited to:

  • A non-anonymised dataset being published on the school website which shows the exam results of pupils eligible for the pupil premium
  • Safeguarding information being made available to an unauthorised person
  • The theft of a school laptop containing non-encrypted personal data about pupils

3.13    Training

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 Trust’s processes make it necessary.

 

4               Review Period

This policy shall be reviewed every two years and revised if necessary by the DPO. The document will be approved by the Finance and Audit Committee.

 

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 Trust’s practice. Otherwise, or from then on, this policy will be reviewed every 2 years and shared with the Board of Trustees.

 

5               Definitions / Abbreviations

5.1        Definitions

Term Definition
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

Genetics

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.

 

 

 

5.2        Abbreviations

Term Meaning
CCTV Closed Circuit Television
DPO Data Protection Officer
GDPR General Data Protection Regulations
HAT Hartlepool Aspire Trust
HMRC HM Revenue & Customs
ICO Information Commissioner’s Office
IT Information Technology
USB Universal Serial Bus

6               Records

The following records are produced as a result of implementation of this Policy:

Description Form Number Retention Period Storage Location

7               References

[1]        Data Retention and Disposal Policy; HAT/POL/HS/16

[2]        Subject Access Request Procedure; HAT/PROC/HS/06

 

 

 

Appendix A – 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
  • 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:
    • Lost
    • Stolen
    • Destroyed
    • Altered
    • Disclosed or made available where it should not have been
    • Made available to unauthorised people
  • The DPO will alert the head teacher and the chair of Trustees
  • 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. (Actions relevant to specific data types are set out at the end of this procedure)
  • 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:
    • Loss of control over their data
    • Discrimination
    • Identify theft or fraud
    • Financial loss
    • Unauthorised reversal of pseudonymisation (for example, key-coding)
    • Damage to reputation
    • Loss of confidentiality
    • 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.
  • 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:
    • 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
    • The name and contact details of the DPO
    • A description of the likely consequences of the personal data breach
    • 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 promptly inform, in writing, all individuals whose personal data has been breached. This notification will set out:
    • The name and contact details of the DPO
    • A description of the likely consequences of the personal data breach
    • 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:
    • Facts and cause
    • Effects
    • Action taken to contain it and ensure it does not happen again (such as establishing more robust processes or providing further training for individuals)

 

  • The DPO and headteacher will meet to review what happened and how it can be stopped from happening again. This meeting will happen as soon as reasonably possible

 

Actions to minimise the impact of data breaches

 

Operational and technical measures will be considered, reviewed and communicated to all staff in order to mitigate the possibility and impact of a data breach, with particular regard for sensitive data, in the following areas. This list is not exhaustive and all practical measures must be put in place to protect data whilst at work, sharing data and working away from work:

 

At Work Displays

Work surfaces

Room access

Locked storage area access

Computer files access

Database menu access

Printers / photocopiers

Computers Public Computers

Encryption

Password procedures

Lock Screens

Mobile Devices Emails accessed by mobile phone etc

Password protection

Remote locate & wipe

USB / CD storage

BYOD Access rights

Visitors devices

Data off site Approval to remove data from site

Manual files and note books

Sign in and out procedures

Storage off site

Preventing physical loss

Homeworking Accessing emails form home computer

Accessing files

Sharing Data Approval system

Environment

Via email

School Bags

Communication with parents/carers