Data privacy notice
This notice covers the following data controllers:
Trevor-Roberts School Ltd
55-57 Eton Avenue
London NW3 3ET
Registered Company No. 1534204
Trevor-Roberts Educational Trust (TRET)
55-57 Eton Avenue
London NW3 3ET
Registered Charity No. 1056284
This policy is intended to provide information about how Trevor-Roberts School and TRET (referred to as the ‘school’) will use (or “process”) personal data about individuals including: its staff; its current, past and prospective pupils; and their parents, carers or guardians (referred to as “parents”).
This information is provided in accordance with the rights of individuals under Data Protection Law to understand how their data is used. Staff, parents and pupils are all encouraged to read this Privacy Notice and understand the school’s obligations.
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 other policies.
Anyone who works for, or acts on behalf of, the school should also be aware of and comply with this Privacy Notice.
Privacy and Compliance Officer
The School has appointed James Grey (firstname.lastname@example.org) as The Privacy and Compliance Officer (PCO). He will deal with all your requests and enquiries concerning the school’s use of your data and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law.
Reasons for processing personal data
In order to carry out its ordinary duties to staff, pupils and parents, the school may process a wide range of personal data about individuals (including current, past and prospective staff, pupils or parents) as part of its daily operation.
The school will need to carry out some of this activity 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 legitimateinterests, 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.
In addition, the school may need to process special category personal data or criminal records information, 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 may 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 where it is in the individual’s interests to do so: for example for medical advice, social services, insurance purposes or to organisers of school trips;
- To provide educational services in the context of any special educational needs of a pupil;
- In connection with employment of its staff, for example DBS checks, welfare or pension plans;
- For legal and regulatory purposes (for example child protection and health and safety) and to comply with its legal obligations and duties of care.
Types of data processed
The types of data will include:
- names, addresses, telephone numbers, e-mail addresses and other contact details;
- financial information, e.g. fee payers and salaried staff;
- past, present and prospective pupils’ academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
- where appropriate, information about individuals’ health;
- references given or received by the school about pupils, and information provided by previous educational establishments and/or other professionals or organisations working with pupils; and
- images of pupils (and occasionally other individuals) engaging in school activities.
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).
However in some cases personal data may be supplied by third parties (for example another school, or other professionals or authorities working with that individual).
Access and sharing
Occasionally, the school will need to share personal information relating to its community with third parties, such as professional advisers or relevant authorities.
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 withaccess protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of:
- medical records
- 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.
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 may 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.
Finally, in accordance with Data Protection Law, some of the school’s processingactivity is carried out on its behalf by third parties. This is always subject to contractual assurances that personal data will be kept securely and only inaccordance with the school’s specific directions.
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 this 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 PCO. However, please bear in mind that the school may have lawful and necessary reasons to hold on to some data.
Keeping in touch and supporting the school
The school may 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.
Your rights under GDPR
Individuals have various rights under the General Data Protection Regulations (GDPR) 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 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, should put their request in writing to the PCO.
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 is manifestly excessive or similar to previous requests, the school may ask you to reconsider or charge a proportionate fee, but only where Data Protection Law allows it.
You should be aware that certain data is exempt from the right of access. This may include information which identifies other individuals, or information which is subject to legal professional privilege. The school is also not required to disclose any pupil examination scripts, nor any confidential reference given by the school for the purposes of the education, training or employment of any individual.
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 below). Indeed, while a person with parental responsibility will generally be expected to make a subject access request on behalf of younger pupils, the information in question is always considered to be the child’sat law. A pupil of any age may ask a parent or other representative to make a subject access request on his/her behalf, and moreover (if of sufficient age) their consent or authority may need to be sought by the parent.Pupils aged 13 are generally assumed to have this level of maturity, although this will depend on both the child and the personal data requested, including any relevant circumstances at home. Children younger than 13 may be sufficiently mature to have a say in this decision. All subject access requests from pupils 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). Please be aware however that the school may have another lawful reason to process the personal data in question even without your consent.
Pupils’ and/or parents’ rights
The rights under Data Protection Law belong to the individual to whom the data relates. However, the school will often rely on parental consent to process personal data relating to pupils (if consent is required) unless, given the nature of the processing in question, and the pupil’s age and understanding, it is more appropriate to rely on 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 theircontract, and all the 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, 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’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.
Pupils are required to respect the personal data and privacy of others.
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 please notify the PCO of any changes to information held about them.
An individual has the right to request that any inaccurate or out-of-date information about them is erased or corrected (subject to certain exemptions and limitations under the Act).
The school will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including maintaining policies around use of technology and devices, and access to school systems. Staff will be made aware of this policy and their duties under Data Protection Law and receive relevant training as appropriate.
Complaints and queries
Any comments or queries on this policy should be directed to the PCO. 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 procedure and should also notify the PCO. The individual 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.