Data Protection & the General Data Protection Regulation (GDPR)
The General Data Protection Regulation (GDPR) is a piece of EU-wide legislation which will determine how people’s personal data is processed and kept safe, and the legal rights individuals have in relation to their own data.
‘Personal data’ means information that can identify a living individual.
The regulation was applied to all schools as of 25 May 2018, and will apply even after the UK leaves the EU.
The GDPR sets out the key principles that all personal data must be processed in line with.
Data must be: processed lawfully, fairly and transparently; collected for specific, explicit and legitimate purposes; limited to what is necessary for the purposes for which it is processed; accurate and kept up to date; held securely; only retained for as long as is necessary for the reasons it was collected.
There are also stronger rights for individuals regarding their own data.
The individual’s rights include: to be informed about how their data is used, to have access to their data, to rectify incorrect information, to have their data erased, to restrict how their data is used, to move their data from one organisation to another, and to object to their data being used at all
The GDPR is similar to the Data Protection Act (DPA) 1998 (which schools already comply with), but strengthens many of the DPA’s principles. The main changes are:
- Schools must appoint a data protection officer, who will advise on compliance with the GDPR and other relevant data protection law
- Privacy notices must be in clear and plain language and include some extra information – the school’s ‘legal basis’ for processing, the individual’s rights in relation to their own data
- Schools will have a month to comply with subject access requests – where individuals can request information what personal data is held by the school
- Where the school needs an individual’s consent to process data, this consent must be freely given, specific, informed and unambiguous
- There are new, special protections for children’s data
- The Information Commissioner’s Office must be notified within 72 hours of a data breach
- Organisations will have to demonstrate how they comply with the new law
- Schools will need to carry out a data protection impact assessment when considering using data in new ways, or implementing new technology to monitor pupils
At Wykebeck Primary School we want to ensure that we protect the personal data of our school workforce, governors, volunteers and our pupils and families. We have been working recently to ensure that school complies with changes to legislation in the way personal data is collected, stored, processed and destroyed.
In line with recent legislation, we have updated our school Data Protection Policy. We have also created and shared Privacy Notices with our Staff Workforce, Governors & Volunteers and the families our school serves (please see below).
If you have any questions about how Wykebeck Primary handles personal data, please contact our school office and we will be more than happy to discuss this with you.