Privacy Policy

BLACK COUNTRY WHEELS SCHOOL – PRIVACY NOTICES 2020

Introduction

Your privacy is critically important to us. At Black Country Wheels School the following principles underpin our approach to respecting your privacy:

  1. We value the trust that you place in us by giving us your our your child’s personal information. We will always use your personal information in a way that is fair and worthy of that trust.
  2. We will provide clear information about how we use your personal information. We shall always be transparent with you about what information we collect, what we do with it, with whom we share it and who you should contact if you have any concerns.
  3. We will take all reasonable steps to protect your information from misuse and keep it secure.
  4. We will comply with all applicable data protection laws and regulations and we will co-operate with data protection authorities.

Privacy Notice – Trustees & Governors

Updated:  October 2020

Under the data protection law (GDPR), individuals have a right to be informed about how the School uses any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ (sometimes called ‘fair processing notices’) to individuals where we are processing their personal data.

This privacy notice explains how we collect, store and use personal data about our Trustees and Governors.

Black Country Wheels School is the ‘data controller’ for the purposes of data protection law.

You can contact our Data Protection Officer, Clare Dulson for more details.

The personal data we hold

Personal data that we may collect, use, store and share (when appropriate) about students includes, but is not restricted to:

We collect many different categories of information, for example:

  • Personal details
  • Contact details
  • Professional details
  • Relevant business and pecuniary interests details
  • Role application details
  • Selection records
  • References
  • Identity verification records
  • Meeting attendance records
  • Records of communications
  • Records of visits to academies
  • Photographs of you or images on CCTV
  • Records of work you do in conjunction with our staff or students
  • Notes of meetings you may have attended
  • A biography/profile that may be published on our website.

We also are required to collect and use information that is given additional protection under the GDPR, for example;

  • Demographic information required for monitoring equal opportunities

We may also hold data that we have received from other organisations, including other schools or academies, local authorities and the Department for Education.

Why we use this data

We use this data to:

To enable you to work with us:

  • To maintain a safe environment for our pupils.
  • To enable you to take part in appropriate training and professional development.
  • To comply with our legal obligations to share information.
  • To ensure your health and safety.
  • To keep you up to date with news about BCWS.

Our legal basis for using this data

Depending on the purpose, our use of your information will be legal due to one of the following:

  • To meet the terms of a contract.
    For example: Recording your personal and contact details.
  • To meet a legal requirement.
    For example: Providing information to DfE.
  • To protect the vital interests of you or someone else.
    For example: Giving your contact details to emergency services.
  • Delivering a public task.
    For example: Keeping records of your meetings with Staff.

Where we use special category personal data we process this under the following exemptions from Section 9 of GDPR:

  • Information used in the field of employment [Article 9(2)(b)]
    For example: Using information about ethnic origin for equality monitoring purposes.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

We may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Collecting this information

While the majority of information we collect is mandatory, there is some information that can be provided voluntarily.

Whenever we seek to collect information from you, we make it clear whether providing it is mandatory or optional. If it is mandatory, we will explain the possible consequences of not complying.

Data sharing

We do not share information about Trustees or Governors with any third party without consent unless the law and our policies or internal procedures allow us to do so.

We routinely share this information with:

  • Our local authority (where applicable).
  • The Department for Education (DfE).

Rights regarding personal data

Individuals have a right to make a ‘subject access request’ to gain access to personal information that the School holds about them.

If you make a subject access request, and if we do hold information about you, we will:

  • Give you a description of it.
  • Tell you why we are holding and processing it, and how long we will keep it for.
  • Explain where we got it from.
  • Tell you who it has been, or will be, shared with.
  • Give you a copy of the information in an intelligible form.

Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.

 

Other rights

Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe, including the right to:

  • Object to the use of personal data if it would cause, or is causing, damage or distress.
  • Prevent it being used to send direct marketing.
  • Object to decisions being taken by automated means (by a computer or machine, without any human intervention).
  • In certain circumstances, have inaccurate personal data corrected, deleted or destroyed, or restrict processing.

To exercise any of these rights, please contact our Data Protection Officer (Clare Dulson).

Complaints

If you think that our collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about our data processing, please raise this with us in the first instance. To make a complaint please follow our complaints procedure.

Contact us

If you have any questions, concerns or would like more information about anything mentioned in this privacy notice, please contact our Data Protection Officer (Clare Dulson).

 

Privacy Notice – Students, Parents and Carers

Updated October 2020

Under the data protection law (GDPR), individuals have a right to be informed about how the School uses any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ (sometimes called ‘fair processing notices’) to individuals where we are processing their personal data.

This privacy notice explains how we collect, store and use personal data about our Students. Parent/Carer details may be part of this activity.

Black Country Wheels School is the ‘data controller’ for the purposes of data protection law.

You can contact our Data Protection Officer, Clare Dulson for more details.

 

 

The personal data we hold

Personal data that we may collect, use, store and share (when appropriate) about students includes, but is not restricted to:

  • Contact details, contact preferences, date of birth, identification documents.
  • Results of internal assessments and externally set tests.
  • Student and curricular records.
  • Characteristics, such as ethnic background, eligibility for free school meals, or special educational needs.
  • Bio-metric information, such as fingerprints (as appropriate/necessary).
  • Exclusion information.
  • Behavioural information.
  • Details of any medical conditions, including physical and mental health.
  • Attendance information.
  • Safeguarding information.
  • Details of any support received, including care packages, plans and support providers.
  • Photographs.
  • CCTV images captured (as required).

We may also hold data about students that we have received from other organisations, including other schools or academies, local authorities and the Department for Education.

Why we use this data

We use this data to:

  • Support student learning.
  • Monitor and report on student progress.
  • Provide appropriate pastoral care.
  • Provide appropriate systems to enhance learning.
  • Protect student welfare.
  • Assess the quality of our services.
  • Carry out research.
  • Comply with the law regarding data sharing.

Our legal basis for using this data

We only collect and use students’ personal data when the law allows us to. Most commonly, we process it where:

  • We need to comply with a legal obligation.
  • We need it to perform an official task in the public interest.
  • We need it to perform a contract.

Less commonly, we may also process students’ personal data in situations where:

  • We have obtained consent to use it in a certain way.
  • We need to protect the individual’s vital interests (or someone else’s interests).

Where we have obtained consent to use students’ personal data, this consent can be withdrawn at any time. We will make this clear when we ask for consent, and explain how consent can be withdrawn.

Some of the reasons listed above for collecting and using students’ personal data overlap, and there may be several grounds which justify our use of this data.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

We may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Collecting this information

We collect pupil information via:

  • Registration forms at the start of the school year.
  • Common Transfer File (CTF).
  • Secure file transfer from previous school.
  • Admissions form.
  • Our staff via Paper, Survey or other electronic means.

Pupil data is essential for the schools’ operational use. Whilst the majority of pupil information you provide to us is mandatory, some of it requested on a voluntary basis. In order to comply with the data protection legislation, we will inform you at the point of collection, whether you are required to provide certain pupil information to us or if you have a choice in this and we will tell you what you need to do if you do not want to share this information with us.

How we store this data

We hold pupil data securely for the set amount of time shown in our various School Policies. For more information on our data retention and how we keep your data safe, please contact our Data Protection Officer (Clare Dulson).

Data sharing

We routinely share pupil information with:

  • Schools.
  • Local authorities as appropriate.
  • Youth support services.
  • The Department for Education (DfE).

Where it is legally required, or necessary (and it complies with data protection law) we may share personal information about students other entitled parties.

We do not share information about students with any third party without consent unless the law and our policies or internal procedures allow us to do so.

Youth Support Services

Our pupils are over the age of 13 therefore, we also pass pupil information to our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.

This enables them to provide services as follows:

  • Youth Support Services.
  • Careers Advisers.

A parent or carer can object to any information in addition to their child’s name, address and date of birth being passed to their local authority or provider of youth support services by informing us. This right is transferred to the child / pupil once they reach the age 16.

Data is securely transferred to the Youth Support Service.

Department for Education

The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about our pupils with the Department for Education (DfE) either directly or via our local authority for the purpose of those data collections, under regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013.

All data is transferred securely and held by DfE under a combination of software and hardware controls, which meet the current Government legislation.

Local Authorities

We may be required to share information about our pupils with the local authority to ensure that they can conduct their statutory duties under Admissions and Fair Access Panels.

Parents and students’ rights regarding personal data

Under GDPR, 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, please contact the School Data Protection Officer (Clare Dulson).

Depending on the lawful basis above, you may 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
  • a right to seek redress, either through the ICO, or through the courts.

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office.

Withdrawal of consent and the right to lodge a complaint

Where we are processing your personal data with your consent, you have the right to withdraw that consent. If you change your mind, or you are unhappy with our use of your personal data, please let us know using our Complaints Procedures.

Contact us

If you would like to discuss anything in this privacy notice, please contact our Data Protection Officer (Clare Dulson).

Privacy Notice – Employees

The personal data we hold

We process data relating to those we employ, or otherwise engage, to work at our School. Personal data that we may collect, use, store and share (when appropriate) about you includes, but is not restricted to:

  • Personal information (such as name, employee number, national insurance number).
  • Characteristics information (such as gender, age, ethnic group).
  • Contract information (such as start date, hours worked, post, roles and salary information).
  • Work absence information (such as number of absences and reasons).
  • Qualifications (and, where relevant, subjects taught).
  • Photographs.
  • Contact details (such as addresses, email, telephone, contact preferences, date of birth, identification documents, next of kin).
  • Payroll information (such as bank account details).
  • Recruitment information (such as including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
  • Performance information.
  • Disciplinary information (such as outcomes of any disciplinary and/or grievance procedures).
  • CCTV footage.
  • Data about your use of the School’s information and communications systems.

We may also collect, store and use information about you that falls into “special categories” of more sensitive personal data. This includes information about (where applicable):

  • Race, ethnicity, religious beliefs, sexual orientation and political opinions.
  • Trade union membership.
  • Bio-metric data, such as finger prints (as appropriate).
  • Criminal data, provided as part of our recruitment process application.
  • Health, including any medical conditions, and sickness records.

Why we use this data

The purpose of processing this data is to help us run the School, including to:

  • Enable the development of a comprehensive picture of the workforce and how it is deployed.
  • Inform the development of recruitment policies.
  • Enable individuals to be paid.
  • Facilitate safer recruitment.
  • Support effective performance management.
  • Allow better financial modelling and planning.
  • Carry out research.
  • Assess the quality of our services.

Our lawful basis for using this data

Under the General Data Protection Regulation (GDPR), the legal basis / bases we rely on for processing personal information for general purposes are:

  • Fulfil a contract we have entered into with you.
  • Comply with a legal obligation.
  • Carry out a task in the public interest.

In addition, concerning any special category data:

  • You have given us consent to use it in a certain way.
  • We need to protect your vital interests (or someone else’s interests).

Where you have provided us with consent to use your data, you may withdraw this consent at any time. We will make this clear when requesting your consent, and explain how you go about withdrawing consent if you wish to do so.

Some of the reasons listed above for collecting and using personal information about you overlap, and there may be several grounds which justify the School’s use of your data.

 

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

We may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Collecting this information

We collect personal information via application forms, contracts, data collection forms and internal surveys.

Workforce data is essential for the school’s / local authority’s operational use. Whilst the majority of personal information you provide to us is mandatory, some of it is requested on a voluntary basis. In order to comply with GDPR, we will inform you at the point of collection, whether you are required to provide certain information to us or if you have a choice in this and we will tell you what you need to do if you do not want to share this information with us.

How we store this data

We hold data securely for the set amount of time shown in our data retention schedule. For more information on our data retention schedule and how we keep your data safe, please contact our Data Protection Officer (Clare Dulson).

Data sharing

We do not share information about students with any third party without consent unless the law and our policies or internal procedures allow us to do so.

Where it is legally required, or necessary (and it complies with data protection law) we may share personal information with entitled parties.

Local authority

We are required to share information about our workforce members with our local authority (LA) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.

Department for Education (DfE)

We share personal data with the Department for Education (DfE) on a statutory basis. This data sharing underpins workforce policy monitoring, evaluation, and links to school funding / expenditure and the assessment educational attainment.

The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about our school employees with the (DfE) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.

To find out more about the data collection requirements placed on us by the Department for Education including the data that we share with them, go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

The department may share information about school employees with third parties who promote the education or wellbeing of children or the effective deployment of school staff in England by:

  • conducting research or analysis
  • producing statistics
  • providing information, advice or guidance

The department has robust processes in place to ensure that the confidentiality of personal data is maintained and there are stringent controls in place regarding access to it and its use. Decisions on whether DfE releases personal data to third parties are subject to a strict approval process and based on a detailed assessment of:

  • Who is requesting the data and the purpose for which it is required.
  • The level and sensitivity of data requested; and
  • The arrangements in place to securely store and handle the data.

To be granted access to school workforce information, organisations must comply with its 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

NHS Track & Trace

The law allows Public Health England to use the personal information collected by NHS Test and Trace. The section of the GDPR that applies is:

Article 6(1)(e) ‘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’

As information about health is a special category of personal information, a further section of the GDPR applies:

Article 9(2)(i) ‘processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare’

Public Health England also has special permission from the Secretary of State for Health and Social Care to use personally identifiable information without people’s consent where this is in the public interest. This is known as ‘Section 251’ approval and includes the use of the information collected by NHS Test and Trace to help protect the public from coronavirus. The part of the law that applies here is Section 251 of the National Health Service Act 2006 and the associated Health Service (Control of Patient Information) Regulations 2002.

For more information regarding the NHS Track and Trace scheme review the scheme’s privacy notice:
https://contact-tracing.phe.gov.uk/help/privacy-notice

Transferring data internationally

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.

Your rights

Individuals have a right to make a ‘subject access request’ to gain access to personal information that the School holds about them.

If you make a subject access request, and if we do hold information about you, we will:

  • Give you a description of it.
  • Tell you why we are holding and processing it, and how long we will keep it for.
  • Explain where we got it from, if not from you.
  • Tell you who it has been, or will be, shared with.
  • Let you know whether any automated decision-making is being applied to the data, and any consequences of this.
  • Give you a copy of the information in an intelligible form.

You may also have the right for your personal information to be transmitted electronically to another organisation in certain circumstances.

Your other rights regarding your data

Depending on the lawful basis above, you may 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
  • A right to seek redress, either through the ICO, or through the courts.

If you have a concern about the way we are collecting or using your personal data, we ask 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/

Withdrawal of consent and the right to lodge a complaint

Where we are processing your personal data with your consent, you have the right to withdraw that consent. If you change your mind, or you are unhappy with our use of your personal data, please follow our Complaints Procedures.

Contact us

If you would like to discuss anything in this privacy notice, please contact our Data Protection Officer (Clare Dulson).