Table of Contents
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.
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.
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.
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.
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.
The head teacher acts as the representative of the data controller on a day-to-day basis.
Staff are responsible for:
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.
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.
The GDPR is based on data protection principles that the Trust must comply with.
The principles say that personal data must be:
The Trust will only process personal data where we have one of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:
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.
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).
The Trust will not normally share personal data with anyone else, but may do so where:
We will also share personal data with law enforcement and government bodies where we are legally required to do so, including for:
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.
Individuals have a right to make a ‘subject access request’ to gain access to personal information that HAT holds about them. This includes:
Subject access requests must be submitted in writing, either by letter, email or fax to the DPO. They should include:
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).
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.
When responding to requests, we:
We will not disclose information if it:
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.
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:
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.
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.
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.
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:
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.
The Trust will put measures in place to show that we have integrated data protection into all of our data processing activities, including:
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.
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.
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:
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.
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.
|Personal data||Any information relating to an identified, or identifiable, individual.
This may include the individual’s:
Name (including initials)
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
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.|
|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|
|USB||Universal Serial Bus|
The following records are produced as a result of implementation of this Policy:
|Description||Form Number||Retention Period||Storage Location|
 Data Retention and Disposal Policy; HAT/POL/HS/16
 Subject Access Request Procedure; HAT/PROC/HS/06
This procedure is based on guidance on personal data breaches produced by the ICO.
If it’s likely that there will be a risk to people’s rights and freedoms, the DPO must notify the ICO.
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:
Locked storage area access
Computer files access
Database menu access
Printers / photocopiers
|Mobile Devices||Emails accessed by mobile phone etc
Remote locate & wipe
USB / CD storage
|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
|Sharing Data||Approval system
Communication with parents/carers