General Data Protection Regulations (GDPR)
Privacy Notice
How we use student information
Limehurst Academy is the Data Controller for the purposes of the Data Protection Act 1998 and General Data Protection Regulations 2018 (GDPR). Guided by these acts, we offer protection for individuals, but share data when it is required by law or is of vital interest to the individual.
Why do we collect and use student information?
We collect student information and process it lawfully following the requirements below from Articles 6 and 9 of the GDPR:
“The data subject has given consent to the processing of his or her personal data for one or more specific purposes”
“Processing is necessary for compliance with a legal obligation to which the controller is subject”
An example of our legal obligation is the departmental censuses for the Education Act 1996.
We use student data to:
- Support student learning
- Monitor and report on student progress
- Provide appropriate pastoral care
- Assess the quality of our services
- Comply with the law regarding data sharing
The student information that we collect, hold and share includes:
- Personal information (such as name, unique student number and address)
- Characteristics (such as ethnicity, language, nationality, country of birth and free academy meal eligibility)
- Attendance information (such as sessions attended, number of absences and absence reasons)
- Assessment information
- Relevant medical information
- Special educational needs information
- Exclusions/behavioural information
- Child protection information
- Collecting student information
Whilst the majority of student information you provide to us is mandatory, some of it is provided on a voluntary basis. In order to comply with the General Data Protection Regulation, we inform you whether you are required to provide certain student information to us or if you have a choice in this. For software provided by external agencies “Data Processors” (for example, GCSE Pod, Microlibrarian), we process the information as a legitimate interest.
Storing student data
We hold student data in accordance with our Data Retention policy. This can be found on the Limehurst Academy Website.
Who do we share student information with?
We routinely share student information with:
- Other Educational Establishments
- The local authority
- The Department for Education (DfE)
- The NHS
- Software providers*
(For more information regarding how the Government uses academy data, please go to: https://www.gov.uk/guidance/data-protection-how-we-collect-and-share-research-data
Qualifications
The Learning Records Service give us a student’s unique learner number (ULN) and may also give us details about the student’s learning or qualifications
Sharing student information
We do not share information about students with anyone without consent unless the law and our policies allow us to do so.
We share students’ data with the Department for Education (DfE) on a statutory basis. This data sharing underpins academy funding and educational attainment policy and monitoring.
We are required to share information about our students with the (DfE) under regulation 5 of The Education (Information About Individual Students) (England) Regulations 2013.
Data collection requirements:
To find out more about the data collection requirements placed on us by the Department for Education (for example; via the academy census) go to:
https://www.gov.uk/government/publications/school-census-2017-to-2018-guide-for-schools-and-las
Youth support services
Once students reach the age of 13, we pass student information to the 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 services
- Post-16 education and training providers
A parent/carer can request that only their child’s name, address and date of birth is passed to the local authority or provider of youth support services by informing us. This right is transferred to the child at age 13.
The National Student Database (NPD)
The NPD is owned and managed by the Department for Education and contains information about students in schools in England. It provides evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including academies, local authorities and awarding bodies.
We are required by law to provide information about our students to the DfE as part of statutory data collections such as the academy census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Students) (England) Regulations 2013.
To find out more about the NPD, go to the DFE Website:
The department may share information about our students from the NPD with third parties who promote the education or well-being of children in England by:
- Conducting research or analysis
- Producing statistics
- Providing information, advice or guidance
The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and based on a detailed assessment of:
- Who is requesting the data
- The purpose for which it is required
- The level and sensitivity of data requested: and
- The arrangements in place to store and handle the data
To be granted access to student information, organisations must comply with 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
For information about which organisations the department has provided student information, (and for which project), please visit the following website:
https://www.gov.uk/government/publications/national-student-database-requests-received
To contact DfE: https://www.gov.uk/contact-dfe
Television Equipment (CCTV)
We utilise CCTV on our premises to assist in managing security and the safety of students, staff and visitors alike. Images are routinely destroyed after 90 days or 1 term (Whichever is sooner). If serious misconduct or a dangerous activity is observed, we may use such images. Images are only released upon a formal request from the Police or a Subject Access Request, if the request is compliant with data protection regulations.
We believe our use of CCTV equipment is a proportionate means of safeguarding our premises and students. We adhere to the Information Commissioner’s guidance on the use of CCTV equipment in our operation of this policy. https://ico.org.uk/for-organisations/guide-to-data-protection/cctv
Requesting access to your personal data
Under data protection legislation, parents and students 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, contact The Data Protection Officer via this link or email DPO@Limehurst.org.uk
You 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 (for example, an automated credit check)
- In certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
- Claim compensation for damages caused by a breach of the Data Protection regulations
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 at https://ico.org.uk/concerns
What is shared?
This information includes contact details, national curriculum assessment results, attendance information and personal characteristics such as ethnic group, special educational needs and any relevant medical information. When a student is enrolled for post-14 qualifications, we are provided with a unique learner number by the Learning Records Service and may also obtain from them details of any learning or qualifications undertaken. We provide information to schools, colleges and universities if a student moves there from Limehurst Academy. If we are contacted for a reference by a future employer, this is provided unless we receive a specific instruction from the individual not to do so.
We do not give information to any individual or organisation without consent unless the law and our rules permit it. We can release information to official agencies (such as the School Nursing Service and other educational and youth support services). We would request your written consent before releasing information to other organisations (such as solicitors, insurers and housing associations).
If you would like to discuss anything in this privacy notice, please contact the Data Protection Officer on DPO@DataProtection.Education