Westville House School and Westville Woodlands – Privacy Notice (Data Protection Policy)
1. Who we are? Westville House School (“the school”) is in independent school for boys and girls from the ages of 2 to 11. The school is registered with:
• Companies House under company number 04030247;
• the Department for Education under registration number 380/6101; and
• the Charity Commission under registration number 1086711.
The school’s registered address is Carter’s Lane, Middleton, Ilkley, West Yorkshire LS29 0DQ.
2. As part of its ordinary operations, the school will collect, use and hold (“process”) information relating to identified or identifiable individuals, known as “personal data”. This makes the school a “Data Controller” of personal data.
3. In accordance with regulatory requirements, the school has notified the Information Commissioner’s Office (the “ICO”) of its processing activities as a Data Controller for the purposes of the Data Protection Act 1998, which is to be superseded by the UK Data Protection Act 2018, and the General Data Protection Regulations 2016 (collectively referred to in this Privacy Notice as “Data Protection Law”) and related legislation. The school’s ICO registration number is Z8479455.
What this Privacy Notice is for
4. This Privacy Notice is intended to provide information about how the school will process personal data about individuals including:
• its governors, academic and other staff, contractors, itinerant teachers, casual workers, temps and volunteers who may be employed or engaged by the school to work for it in any capacity (collectively referred to in this policy as “staff”) as well as prospective applicants for staff roles;
• its current, past and prospective pupils; and
• their parents, carers or guardians (collectively referred to in this policy as “parents”); each of whom is known as a “data subject”.
5. This Privacy Notice is provided because Data Protection Law gives individuals rights to understand how their personal data is used. Staff, parents and pupils are all encouraged to read this Privacy Notice and understand the school’s obligations to its entire community. The school is committed to ensuring that such data is processed in accordance with the data subject’s rights under Data Protection Law and in particular that it is:
• processed fairly and lawfully;
• processed only for defined and legitimate purposes;
• adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• accurate and where necessary kept up-to-date;
• kept for no longer than necessary;
• processed securely; and
• not transferred to outside agencies, or outside the European Economic Area, without adequate protection.
6. This Privacy Notice applies alongside any other information the school may provide about a particular use of personal data, for example when collecting data via an online or paper form. This Privacy Notice also applies in addition to the school’s other relevant terms and conditions and policies, including:
• any contract between the school and its staff or the parents of pupils;
• the school’s CCTV Policy;
• the school’s retention of records policy;
• the school’s Safeguarding and Child Protection Policy, Pastoral Care Policy, Anti-Bullying Policy, and Health and Safety Policy, including as to how concerns or incidents are recorded; and
• the school’s IT policies, including its ICT Policy, Social Media Policy, E-Safety Policy, and IT and Communications Systems Policy.
7. Staff should also be aware of and comply with the Staff Data Protection Policy and the Staff Privacy Notice, which also provides further information about how personal data of those individuals will be used.
Responsibility for data protection
8. The governing body has overall responsibility for ensuring that the school complies with its obligations under Data Protection Law. Day-to-day responsibility lies with the Headteacher, Mrs Nicola Hammond, who has been allocated as Acting Privacy Officer: Mrs Nicola Hammond (Headteacher) email@example.com
9. The Acting Privacy Officer will deal with any requests and enquiries concerning the school’s uses of your personal data (see section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this Privacy Notice and Data Protection Law.
Why the school needs to process personal data
10. In order to carry out its ordinary duties to staff, pupils and parents, the school needs to process a wide range of personal data about individuals (including current, past and prospective staff, pupils and parents) as part of its daily operation.
11. Some of this activity the school will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its staff, or parents of its pupils.
12. Other uses of personal data will be made in accordance with the school’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals, and provided it does not involve special or sensitive types of data.
13. The school expects that the following uses will fall within that category of its “legitimate interests”:
• For the purposes of pupil selection (and to confirm the identify of prospective pupils and their parents);
• To provide education services, including musical education, physical training and extra-curricular activities to pupils, and monitoring pupils’ progress and educational needs;
• Maintaining relationships with alumni and the school community, including direct marketing or fundraising activity;
• For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as tax, diversity or gender pay gap analysis);
• To enable relevant authorities to monitor the school’s performance and to intervene or assist with incidents as appropriate;
• To give and receive information and references about past, current and prospective pupils, including relating to outstanding fees or payment history, to/from any educational institution that the pupil attended or where it is proposed they attend; and to provide references to potential employers of past pupils;
• To enable pupils to take part in national or other assessments, and to publish the results of public examinations or other achievements of pupils of the school;
• To safeguard pupils’ welfare and provide appropriate pastoral care;
• To monitor (as appropriate) use of the school’s IT and communications systems in accordance with the school’s IT policies;
• For security purposes, including CCTV in accordance with the school’s CCTV Policy;
• To carry out or cooperate with any school or external complaints, disciplinary or investigation process; and
• Where otherwise reasonably necessary for the school’s purposes, including to obtain appropriate professional advice and insurance for the school.
14. In addition, the school will on occasion need to process “special category personal data” (such as data concerning health, religious beliefs, racial or ethnic origin, sexual orientation or trade union membership) or criminal records information (such as when carrying out Disclosure and Barring Service (“DBS”) checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:
• To safeguard pupils’ welfare and provide appropriate pastoral (and where necessary, medical) care, and to take appropriate action in the event of an emergency, incident or accident, including by disclosing details of an individual’s medical condition or other relevant information where it is in the individual’s interests to do so: for example for medical advice, for social protection, safeguarding, and cooperation with police or social services, for insurance purposes or to caterers or organisers of school trips who need to be made aware of dietary or medical needs;
• To provide educational services in the context of any special educational needs of a pupil;
• To provide spiritual education in the context of any religious beliefs;
• In connection with employment of its staff, for example DBS checks, welfare, union membership or pension plans;
• As part of any school or external complaints, disciplinary or investigation process that involves such data, for example if there are SEN, health or safeguarding elements; or
• For legal and regulatory purposes (for example child protection, diversity monitoring and health and safety) and to comply with its legal obligations and duties of care.
Types of personal data processed by the school
15. This will include by way of example:
• names, addresses, telephone numbers, e-mail addresses and other contact details;
• car details (about those who use our car parking facilities, including health information where relevant in connection with providing reserved parking for mobility purposes);
• bank details and other financial information, e.g. about parents who pay fees to the school;
• past, present and prospective pupils’ academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
• personnel files, including in connection with academics, employment or safeguarding;
• where appropriate, information about individuals’ health and welfare, and contact details for their next of kin;
• references given or received by the school about pupils, and relevant information provided by previous educational establishments and/or other professionals or organisations working with pupils;
• correspondence with and concerning staff, pupils and parents past and present; and
• images of pupils (and occasionally other individuals) engaging in school activities, and images captured by the school’s CCTV system (in accordance with the school’s Privacy and Photography Policy on taking, storing and using images of children and CCTV policy);
How the school collects data
16. Generally, the school receives personal data from the individual directly (including, in the case of pupils, from their parents). This may be via a form, website enquiry or simply in the ordinary course of interaction or communication (such as email or written assessments).
17. However in some cases personal data will be supplied by third parties (for example another school, or other professionals or authorities working with that individual) or collected from publicly available resources.
Who has access to personal data and who the school shares it with
18. Occasionally, the school will need to share personal information relating to its community with third parties, such as:
• professional advisers (e.g. lawyers, insurers, PR advisers and accountants);
• government authorities (e.g. HMRC, Department for Education, the police, the local authority, and NHS medical/healthcare professionals); and
• appropriate regulatory bodies e.g. NCTL, the Independent Schools Inspectorate, the Charity Commissioner or the Information Commissioner.
19. For the most part, personal data collected by the school will remain within the school and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of medical records and pastoral or safeguarding files. However, a certain amount of any SEN pupil’s relevant information will need to be provided to staff more widely in the context of providing the necessary care and education that the pupil requires. This information will be protected but will need to be accessible, for example to support a pupil in the classroom.
20. Staff, pupils and parents are reminded that the school is under duties imposed by law and statutory guidance (including Keeping Children Safe in Education) to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities such as the LADO or police. For further information about this, please view the school’s Safeguarding and Child Protection Policy.
21. Finally, in accordance with Data Protection Law, some of the school’s processing activity is carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the school’s specific directions, and the school retains overall responsibility for the personal data.
How long we keep personal data
22. In accordance with its retention of records policy, the school will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff and pupil personnel files is up to 7 years following departure from the school. However, incident reports and safeguarding files will need to be kept much longer, in accordance with specific legal requirements.
23. If you have any specific queries about how our retention policy is applied, or wish to request that personal data that you no longer believe to be relevant is considered for erasure, please contact the Acting Privacy Officer in writing. However, please bear in mind that the school will often have lawful and necessary reasons to hold on to some personal data even following such request. For example, a limited and reasonable amount of information will be kept for archiving purposes; and even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact in order to fulfil your wishes (called a “suppression record”). Where possible, the school will fully or partly anonymise information which is required to be retained.
Keeping in touch and supporting the school
24. The school will use the contact details of parents, alumni and other members of the school community to keep them updated about the activities of the school, or alumni and parent events of interest, including by sending updates and newsletters, by email and by post.
25. Unless the relevant individual objects, the school will also contact parents and/or alumni by post and email in order to promote and raise funds for the school and, where appropriate, other worthy causes. Should you wish to limit or object to any such use, or would like further information about them, please contact the Acting Privacy Officer in writing. You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, the school is nonetheless likely to retain some of your details (not least to ensure that no more communications are sent to that particular address, email or telephone number).
25. Rights of access, etc. Individuals have various rights under Data Protection Law to access and understand personal data about them held by the school, and in some cases to ask for it to be erased or amended or have it transferred to others, or for the school to stop processing it – but subject to certain exemptions and limitations.
26. Any individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the Acting Privacy Officer.
27. The school will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits (which is one month in the case of requests for access to information and any objections).
28. The school will be better able to respond quickly to smaller, targeted requests for information. Ordinarily fees are not chargeable for access to information, but if the request for information is manifestly excessive or similar to previous requests, the school may ask you to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).
29. Requests that cannot be fulfilled. You should be aware that the right of access is limited to your own personal data, and certain data is exempt from the right of access. This will include information which identifies other individuals (and parents need to be aware this may include their own children, in certain limited situations – please see further below), or information which is subject to legal privilege (for example legal advice given to or sought by the school, or documents prepared in connection with a legal action).
30. The school is also not required to disclose any pupil examination scripts (or other information consisting solely of pupil test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by the school itself for the purposes of the education, training or employment of any individual.
31. You may have heard of the “right to be forgotten”. However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your (or your child’s) personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this Privacy Notice. All such requests will be considered on their own merits.
32. Pupil requests. Pupils can make subject access requests for their own personal data, provided that, in the reasonable opinion of the school, they have sufficient maturity to understand the request they are making (see section Whose rights? below). A pupil of any age may ask a parent or other representative to make a subject access request on his/her behalf.
33. Indeed, while a person with parental responsibility will generally be entitled to make a subject access request on behalf of younger pupils, the law still considers the information in question to be the child’s. For older pupils, the parent making the request may need to evidence their child’s authority for the specific request. However, generally children are not assumed to have this level of maturity at least until they reach senior school; this will depend upon the child and the circumstances.
34. Parental requests, etc. It should be clearly understood that the rules on subject access are not the sole basis on which information requests are handled. Parents may not have a statutory right to information, but they and others will often have a legitimate interest or expectation in receiving certain information about pupils without their consent. The school may consider there are lawful grounds for sharing with or without reference to that pupil.
35. Parents will in general receive educational and pastoral updates about their children. Where parents are separated, the school will aim to provide the same information to each person with parental responsibility.
36. All information requests from, on behalf of, or concerning pupils – whether made under subject access or simply as an incidental request – will therefore be considered on a case by case basis.
37. Consent. Where the school is relying on consent as a means to process personal data, for example via a form signed by parents, any person may withdraw this consent at any time (subject to similar age considerations as above). Examples where we do rely on consent are: certain types of uses of images/video and certain types of fundraising activity.
38. Please be aware however that the school may not be relying on consent but have another lawful reason to process the personal data in question even without your consent. That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under some form of contract or agreement with the individual (e.g. an employment contract, or because a purchase of goods or services or membership of an organisation such as an alumni or parents’ association has been requested).
39. Whose rights? The rights under data protection law belong to the individual to whom the data relates. However, the school will often rely on parental authority or notice for the necessary ways it processes personal data relating to pupils – for example, via a form signed by parents. Parents and pupils should be aware that this is not necessarily the same as the school relying on strict consent (see section on Consent above).
40. Where consent is required, it may in some cases be necessary or appropriate – given the nature of the processing in question, and the pupil’s age and understanding – to seek the pupil’s consent. Parents should be aware that in such situations they may not be consulted, depending on the interests of the child, the parents’ rights at law or under their contract, and all the circumstances.
41. In general, the school will assume that pupils’ consent is not required for ordinary disclosure of their personal data to their parents, e.g. for the purposes of keeping parents informed about the pupil’s activities, progress and behaviour, and in the interests of the pupil’s welfare. That is unless, in the school’s opinion, there is a good reason to do otherwise.
42. However, where a pupil seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, the school may be under an obligation to maintain confidentiality unless, in the school’s opinion, there is a good reason to do otherwise; for example where the school believes disclosure will be in the best interests of the pupil or other pupils, or if required by law.
43. Pupils are required to respect the personal data and privacy of others, and to comply with the school’s Pupil ICT Code of Conduct and the school rules. Staff are under professional duties to do the same covered under the relevant staff policy.
Data accuracy and security
44. The school will endeavour to ensure that all personal data held in relation to an individual is as up-to-date and accurate as possible. Individuals must please notify the Acting Privacy Officer of any significant changes to important information, such as contact details, held about them.
45. An individual has the right to request that any out-of-date, irrelevant or inaccurate information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why the school may need to process your data and of who you may contact if you disagree.
46. The school will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to school systems. All staff and governors will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
This Privacy Notice
47. The school will review this Privacy Notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.
Queries and complaints
48. Any comments or queries on this policy should be directed to the Acting Privacy Officer. If an individual believes that the school has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should utilise the school complaints / grievance procedure and should also notify the Acting Privacy Officer. You can also make a referral to or lodge a complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve the matter with the school before involving the regulator.
|Date of Review:||Action:||Initials:|
|May 2018||New policy (replacing Westville House School Pupil Data Protection Policy) authorised by resolution of Governing Body May 2018||NH, AS|