Data Protection Privacy Notice
Re: Changes to Data Protection Law
You may be aware that in May data protection rules changed. The 'General Data Protection Regulation' (GDPR) changes how we use your personal data and keep it safe, whilst also strengthening your rights over your own data.
The point of the GDPR is to ensure private information about yourselves and children stays safe. Whilst it is similar to the current Data Protection Act in many ways, there are a few differences, so we have made a few changes at SV Academy to ensure we remain compliant.
One of these changes is our updated Privacy Notice. Please find a copy of this enclosed for your information, along with our updated Taking, Storing and Using Images of Children policy and Medical policy.
To ensure we are fully compliant with the GDPR, we are re-seeking consent for non-essential photographs or videos of your child on our website, internal displays or other school materials and for emergency medical treatment. We have enclosed two forms, one to consent to images of your child being used and one to update their medical information. Please complete and return these to the School Office by Friday12thOctober 2018, along with the slip confirming receipt of the Privacy Notice and policies.
If you have any questions about how the GDPR affects you, please contact the school office.
Head of Learning and Skills, SV Academy
StreetVibes Media Academy is inspected and approved by OFSTED.
DFE registration number 203/6041
Applicable to all members of the school community (past and present)
WHO WE ARE
SV Academy, 6 Eltham High Street, SE9 1DA, is the data controller under Data Protection Law.
WHAT THIS PRIVACY NOTICE IS FOR
This policy is intended to provide information about how the school will use (or "process") personal data about individuals including: its staff; its current, past and prospective all students; and their parents, carers or guardians (referred to in this policy as "parents").
This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, parents and all students are all encouraged to read this Privacy Notice and understand the school's obligations to its entire community.
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:
Anyone who works for, or acts on behalf of, the school (including staff, volunteers and service providers) should also be aware of and comply with this Privacy Notice, which also provides further information about how personal data about those individuals will be used.
RESPONSIBILITY FOR DATA PROTECTION
The school has appointed the Safeguarding Officer as Compliance Officer (Data) who will deal with all your 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 policy and Data Protection Law.The Officer can be contacted at the school address above.
WHY THE SCHOOL NEEDS TO PROCESS PERSONAL DATA
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 or parents) as part of its daily operation.
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.
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.
The school expects that the following uses will fall within that category of its (or its community's) "legitimate interests":
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;
In addition, the school will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexuality) or criminal records information (such as when carrying out 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:
TYPES OF PERSONAL DATA PROCESSED BY THE SCHOOL
This will include by way of example:
HOW THE SCHOOL COLLECTS DATA
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.
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, or simply in the ordinary course of interaction or communication (such as email or written assessments).
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE SCHOOL SHARES IT WITH
Occasionally, the school will need to share personal information relating to its community with third parties, such as:
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:
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.
Staff, students and parents are reminded that the school is under duties imposed by law and statuaory 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 Policy.
Low-level concerns that do not necessarily meet a statutory threshold are recorded on the School Information Management System (SIMS), a secure online system for monitoring of child protection, safeguarding and wider student pastoral welfare in schools
Finally, in accordance with Data Protection Law, some of the school's processing activity may be 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.
HOW LONG WE KEEP PERSONAL DATA
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.
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 Compliance Officer at the school address. However, please bear in mind that the school willoften have lawful and necessary reasons to retain some personal data even following such request.
A limited and reasonable amount of information will be kept for archiving purposes, for example; 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").
KEEPING IN TOUCH AND SUPPORTING THE SCHOOL
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. Unless the relevant individual objects, the school will also:
Should you wish to limit or object to any such use, or would like further information about them, please contact the Compliance Officer in writing. You always have the right to withdraw consentwhere 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).
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 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.
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 compliance officer.
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).
The school will be better able to respond quickly to smaller, targeted requests for information. 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)
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).
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.
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.
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.
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.
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.
Parents will in general receive educational and pastoral updates about their children. Where parents are separated, the school will in most cases aim to provide the same information to each person with parental responsibility, but may need to factor in all the circumstances including the express wishes of the child.
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.
Where the school is relying on consent as a means to process personal data, 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. Please be aware however that the school may have a lawful reason to process the personal data in question even without your consent, for example, to meet statutory duties or for safeguarding.
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 or parent contract, or because a purchase of goods, services or membership of an organisation such as an alumni or parents' association has been requested).
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, under the parent contract, or via a form. 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).
Where consent is required, it may in some cases be necessary or appropriate — given the nature of the data collected, 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 and any other circumstances.
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.
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'sopinion, 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.
Students are required to respect the personal data and privacy of others, and to comply with the school's IT Acceptable Use policy and the school rules. Staff are under professional duties to do the same covered under the relevant staff policy.
DATA ACCURACY AND SECURITY
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 notify the School Office of any significant changes to important information, such as contact details, held about them.
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 the Data Protection Privacy Notice) for details of why the school may need to process your data, or whom you may contact if you disagree.
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 Trustees will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
The school will update 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
Any comments or queries on this policy should be directed to the Compliance officer via the School Office.
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 Compliance 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.
Taking, Storing and Using Images of Student policy
- This Policy
- General points to be aware of
- Use of Student Images in School Publications
- Use of Student Images for Identification and Security
- Use of Student Images in the Media
- Security of Student Images
- Use of Cameras and Filming Equipment (including mobile phones) by Parents
- Use of Cameras and Filming Equipment by Students
Although pupils normally receive their medical care from their family GP practice, the school holds medical information provided by parents on their children in order to ensure that it can provide appropriately for their needs, or look after them if they are injured or have an accident.
The school always has a qualified First Alder on site when students are present which will be an Emergency First Aid at Work qualification.
MEDICAL EXAMINATION AND IMMUNISATIONS
Parents' consent will be sought from time to time for their child receiving, at School, routine immunisations recommended by the Department of Health for all children of their age. The confidentiality and rights of students as patients are appropriately respected by the school.
A confidential medical record on each student is kept securely in the in the School Office. The medical record contains the information provided by parents, together with the medical questionnaire that the parents completed when their child joined the school. Details are also kept of any treatment and immunisations that a pupil receives during their time at the school, including records of all accidents and injuries.
All confidential medical/health data is also computerised and records are kept securely with access strictly restricted to certain staff only. A list is provided of the names of current students with medical conditions that may be of relevance to designated staff in their dealings with students in the classroom or, for example, when arranging trips and visits.
IF A CHILD BECOMES ILL
The school will always contact parents if their child suffers anything more than a minor injury, or if they become unwell during school day, or if the school has any worries or concerns about their health. The school may ask parents to collect their child if they become ill during the school day.
EMERGENCY MEDICAL TREATMENT
In accepting a place at the school, parents authorise the Headteacher, or an authorised Deputy acting on their behalf, to consent to the advice of an appropriately qualified medical specialist to their child receiving emergency medical treatment, including general anaesthetic and surgical procedure under the NHS if the school is unable to contact the parents in time.
All parents will be required to countersign the record of medicines given during the school day.
All parents are requested to complete and return the enclosed questionnaire to the School Office.
RECORD OF IMMUNISATIONS:
Diptheria,tetanus,whooping cough, polio
Haemophilius influenza type B (Hib)
Measles, Mumps, rubella
MEDICAL QUESTIONNAIRE FOR PARENTS OF STUDENTS
PUPIL SURNAME FIRST NAMES:
DATE OF BIRTH:
PLEASE GIVE DETAILS OF THE FOLLOWING
Any allergies or sensitivities to food, medication, pets or to insect stings:
Any special dietary requirements, e.g. no pork, no beef, vegetarian, halal
Any chronic or recurring medical conditions needing regular or occasional medication or treatment:
History of any serious illness or injuries requiring admission to hospital:
Any other conditions that might affect your child in his or her school life:
Have you ever consulted any of the following about your child
Have you ever had any concerns about the following, if yes please give further details below:
If you have ever had any concerns about your child’s eyesight please give details of these and any actions taken.
Does your child have regular eye tests?
Does your child require glasses?
If yes, please describe when they should be worn
The name, address and telephone number of your child’s GP:
CONSENT TO EMERGENCY TREATMENT, GENERAL TREATMENT AND FIRST AID
I/We authorise the Headteacher, or an authorised deputy acting on their behalf to consent on the advice of an appropriately qualified medical specialist to my/our child receiving emergency medical treatment, including general anaesthetic and surgical procedure under the NHS if the school is unable to contact me/us in time.
I/We give consent for my/our child receiving all the general health care and first aid services provided at the School under the supervision of the First Aiders and/or the qualified School Nurse.
He/she may/may not be given first aid treatment by any qualified member of staff.
Signature of parent/carer: __________________________________________
All medical records are stored securely in line with the School's Data Retention policy.
Parental Consent Form for Use of Images of Students by the School
We really value using photos of students, to be able to showcase what pupils do in school and to show what life at our school is like to others.
Some of these photos are necessary for administration and the safety of students, such as CCTV and for your child's record on our management information system.
We would like your consent to use non-essential photos in the ways described below. Please note that when photographs of your child are used we will never include their full name. If you are not happy for us to do this please indicate this below and we will accommodate your preferences.
Please circle the relevant statement/(s) below and return this form to the School Office.
I am happy for photos of my child to be used on the school website.
I am happy for photos of my child to be used in displays around the school.
I am happy for photos of my child to be used in the weekly newsletter.
I am happy for photos of my child to be used in school information booklets.
I am happy for photos of my child to be used in school adverts and press releases.
I am happy for photos of my child to be used in school magazines or the prospectus. I am happy for photos of my child to be used on the school's social media posts.
No, I am not happy for non essential photos of my child to be use
You may withdraw consent at any time for non-essential photos of your child to be used by e-mailing firstname.lastname@example.org calling the school on 0203 031 8240.
Please be aware that if consent is withdrawn it may not be immediately possible to change printed publications, such as the school magazine or prospectus, or third party publications
NAME OF STUDENT:
Taking, Storing and Using Images of Children policy
Data Protection Privacy Notice
I can confirm that I have received and read the above documents.
NAME OF STUDENT:
* This policy was last revised September 2018.