Under UK data protection law, individuals have a right to be informed about how our 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 pupils at our school and their parent/carers.

This privacy notice applies while we believe your child is not capable of understanding and exercising their own data protection rights.

We, Torpoint Nursery and Infant School are the ‘data controller’ for the purposes of UK data protection law.

Our data protection officer is Stephanie Lock (see ‘Contact us’ below).

 

The personal data we hold

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

• Contact details, contact preferences, date of birth, identification documents
• Results of internal assessments and externally set tests
• Pupil and curricular records
• Exclusion information
• Attendance information
• Safeguarding information
• Details of any support received, including care packages, plans and support providers
• Photographs

 

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

• Contact details and contact preferences
• Family Links
• Parental/Carer details

 

We may also collect, use, store and share (when appropriate) information about your child that falls into "special categories" of more sensitive personal data. This includes, but is not restricted to, information about:

• Any medical conditions we need to be aware of, including physical and mental health
• Photographs captured in school
• Characteristics, such as ethnic background or special educational needs

We may also hold data about your child that we have received from other organisations, including other schools and social services.

 

Why we use this data

We only collect and use pupils’ and parent/carer 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

Less commonly, we may also process pupils’ 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)

We use the pupil data:

•  to support pupil learning
•  to monitor and report on pupil progress
• to provide appropriate pastoral care
• to keep pupils safe and healthy
• to assess the quality of our services
• to comply with the law regarding data sharing

 

Use of your child’s personal data for marketing purposes

Where you have given us consent to do so, we may send your child marketing information by email or text promoting school events, campaigns, charitable causes or services that may be of interest to them.

You can withdraw consent or ‘opt out’ of receiving these emails and/or texts at any time by clicking on the ‘Unsubscribe’ link at the bottom of any such communication, or by contacting us (see ‘Contact us’ below).

 

Use of your child’s personal data in automated decision making and profiling

We do not currently process any personal data through automated decision making or profiling. If this changes in the future, we will amend any relevant privacy notices in order to explain the processing to you,

 

Our lawful basis for using this data

We collect and use pupil information under section 537A of the Education Act 1996, section 83 of the Children Act 1989 and The Education (Pupil Registration) (England) Regulations 2006 and subsequent amendments.

We also comply with

• UK General Data Protection Regulation (UK GDPR) – the EU GDPR was incorporated into UK legislation, with some amendments, by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020
• Data Protection Act 2018 (DPA 2018)

 

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

 

Our basis for using special category data

For ‘special category’ data, we only collect and use it when we have both a lawful basis, as set out above, and one of the following conditions for processing as set out in UK data protection law:

• We have obtained your explicit consent to use your child’s personal data in a certain way
• We need to protect an individual’s vital interests (i.e. protect your child’s life or someone else’s life), in situations where you’re physically or legally incapable of giving consent
• The data concerned has already been made manifestly public by you
• We need to process it for the establishment, exercise or defence of legal claims
• We need to process it for reasons of substantial public interest as defined in legislation
• We need to process it for health or social care purposes, and the processing is done by, or under the direction of, a health or social work professional or by any other person obliged to confidentiality under law
• We need to process it for public health reasons, and the processing is done by, or under the direction of, a health professional or by any other person obliged to confidentiality under law
• We need to process it for archiving purposes, scientific or historical research purposes, or for statistical purposes, and the processing is in the public interest

For criminal offence data, we will only collect and use it when we have both a lawful basis, as set out above, and a condition for processing as set out in UK data protection law. Conditions include:

• We have obtained your consent to use it in a specific way
• We need to protect an individual’s vital interests (i.e. protect your child’s life or someone else’s life), in situations where you’re physically or legally incapable of giving consent
• The data concerned has already been made manifestly public by you
• We need to process it for, or in connection with, legal proceedings, to obtain legal advice, or for the establishment, exercise or defence of legal rights
• We need to process it for reasons of substantial public interest as defined in legislation

 

Collecting this data

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

Whenever we seek to collect information from you, we make it clear whether you must provide this information (and if so, what the possible consequences are of not complying), or whether you have a choice.

Most of the data we hold about your child will come from you, but we may also hold data about your child from:

• Local authorities
• Government departments or agencies
• Police forces, courts, tribunals

 

How we store this data

We hold pupil data on local computer systems, as well as on paper. There are strict controls on who can see your information.

We keep personal information about your child while they are attending our school. We may also keep it beyond their attendance at our school if this is necessary. We will dispose of your child’s personal data securely when we no longer need it.

We hold your education records securely until your child changes school. The records will then be transferred to the new school, where they will be retained until your child reaches the age of 25, after which they are securely destroyed.

We have put in place appropriate security measures to prevent your child’s personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

 

Who we share data with

We only share information about pupils with others where the law and our policies allow us to, or where we have obtained any necessary consent. We will not share you or your child’s data if you have advised us that you do not want it shared, unless it is the only way we can make sure you stay safe, or we are legally required to do so.

We do not share information about your child with any third party without consent unless the law and our policies allow us to do so.

Where it is legally required or necessary (and it complies with UK data protection law), we may share personal information about your child with:

• Our Local Authority (Cornwall Council) – to meet our legal obligations to share certain information with them, such as safeguarding concerns and information about exclusions
• schools that pupils attend after leaving us
•  our Local Authority
• the Department for Education (DfE)
• services that support teaching, learning, assessment, safeguarding and school management (capita SIMs, WONDE, CPOMS) 
•  catering services
• providers of extra-curricular services such as music services, before/after school clubs (where the pupil accesses these services)
• Financial organisations
• Health and social welfare organisations
• Professional advisers and consultants
• Charities and voluntary organisations
• Police forces, courts, tribunals

 

National Pupil Database

We are required to provide information about pupils to the Department for Education as part of statutory data collections such as the school census and early years’ census.

Some of this information is then stored in the National Pupil Database (NPD), which is owned and managed by the Department for Education and provides evidence on school performance to inform research.

The database is held electronically so it can easily be turned into statistics. The information is securely collected from a range of sources including schools, local authorities and exam boards.

The Department for Education may share information from the NPD with third parties, such as other organisations which promote children’s education or wellbeing in England. These third parties must agree to strict terms and conditions about how they will use the data.

For more information, see the Department for Education’s webpage on how it collects and shares research data.

You can also contact the Department for Education with any further questions about the NPD.

 

Your rights

How to access personal information that we hold about you and your child

You have a right to make a ‘subject access request’ to gain access to personal information that we hold about you or your child.

If you make a subject access request, and if we do hold information about your child, we will (subject to any exemptions that apply):

• 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 child’s personal information to be transmitted electronically to another organisation in certain circumstances.

If you would like to make a request, please contact us (see ‘Contact us’ below).

 

Your right to access your child’s educational record

Parents, or those with parental responsibility, also have the right to access their child’s educational record (which includes most information about a pupil). This right applies as long as the pupil is aged under 18.

There are certain circumstances in which this right can be denied, such as if releasing the information might cause serious harm to the physical or mental health of the pupil or another individual, or if it would mean releasing exam marks before they are officially announced.

To make a request, please contact the Headteacher

Your other rights regarding your child’s data

Under UK data protection law, you have certain rights regarding how your child’s personal data is used and kept safe. For example, you have the right to:

• Object to our use of your child’s personal data
• Prevent your child’s data being used to send direct marketing
• Object to and challenge the use of your child’s personal data for decisions being taken by automated means (by a computer or machine, rather than by a person)
• In certain circumstances, have inaccurate personal data corrected
• In certain circumstances, have the personal data we hold about your child deleted or destroyed, or restrict its processing
• Withdraw your consent, where you previously provided it for the collection, processing and transfer of your child’s personal data for a specific purpose
• In certain circumstances, be notified of a data breach
• Make a complaint to the Information Commissioner’s Office
• Claim compensation for damages caused by a breach of the data protection regulations

To exercise any of these rights, please contact us (see ‘Contact us’ below).

 

Complaints

We take any complaints about our collection and use of personal information very seriously.

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.

Alternatively, you can make a complaint to the Information Commissioner’s Office:

• Report a concern online at https://ico.org.uk/make-a-complaint/
• Call 0303 123 1113
• Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

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:

• Stephanie Lock via secretary@torpoint-inf.cornwall.sch.uk

[788728]TNIS Privacy Notice for Parent about their and their child s data

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