This policy provides information about how the School uses (or "processes") personal data about individuals including:
This policy applies in addition to any contract between you and the School and any other information the School may provide about a particular use of personal data. The School will update this policy from time to time. We will highlight any changes that substantially affect your rights on our website or to you directly as far as practicable.
If you have any questions about your personal data or its use, please contact: firstname.lastname@example.org
2. What data the School processes
As part of its operations, the School may process a wide range of personal data about individuals, including by way of example:
3. How the School collects personal data
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 will be supplied by third parties (for example another school, or other professionals or authorities working with that individual, the Disclosure and Barring Service); or collected from publicly available resources.
4. Why the School uses personal data
The School will use (and where appropriate share with third parties) personal data about individuals for a number of purposes as part of its operations. 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”:
In addition, the School will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexual life) 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:
5. Who has access to personal data and third parties
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:
In the case of pastoral and safeguarding files, the School uses CPOMS, which is monitored, maintained and processed by appropriate individuals only in accordance with strict access protocols (i.e. on a ‘need to know’ basis).
However, a certain amount of any Special Educational Needs or Disability (SEND) 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 is likely to include file notes on personnel or safeguarding files, low level concern records kept about adults (which may include references to pupils or family members), and in some cases referrals to relevant authorities such as the LADO, Children’s Services, CAHMS or the police.
KCSIE also requires that, whenever a child leaves the school to join another school or college, his or her child protection file is promptly provided to the new organisation. The School will retain a copy, along with any other information which the school’s Designated Safeguarding Lead considers material to the ongoing care needs of any pupil. Where appropriate, the School will consult with parents as to how these needs are best served, but ultimately the decision as to what information is necessary to share with the new school or college is a safeguarding question that must be reserved to the School. The School will retain a copy of the child protection file in accordance with its retention policy for material related to safeguarding matters.
For further information about this, please view the School’s Child Protection and Safeguarding Policy.
Occasionally, the School will need to share personal information relating to its community with third parties, such as:
Finally, in accordance with Data Protection Law, some of the School’s processing activity is 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. The School also employs a number of third-party applications to process and store personal information on employees and others who have contracted agreements with the School.
6. 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, safeguarding files and related records will need to be kept much longer, in accordance with specific legal requirements and official guidance.
A limited and reasonable amount of information will be kept for archiving purposes, for example data of historic value and interest, such as photographs, lists of pupils and records of events. 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").
Please contact email@example.com if you have any questions about record retention or archiving.
7. Where we store your personal data
We store all personal data within the UK or European Union. This includes data collected via our website. By providing your personal data to us, you agree to this. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is treated and stored securely.
8. When we may disclose your information
9. Keeping in touch and supporting the School
The School will use the contact details it has been given by parents, alumni and other members of the School community to keep them updated about the activities of the School, including by sending updates and newsletters by email and by post, and by making contact by telephone and on social media.
Unless the relevant individual objects and informs the School of this in writing, the School may also:
Share personal data about parents and/or alumni, as appropriate, with organisations set up to help establish and maintain relationships with the School community;
You can update your contact preferences via the link in emails from the School, or on our website, or by emailing firstname.lastname@example.org.
10. Your rights under data protection law
Data protection law gives you various rights. These are:
Please note that the above rights are not absolute, and we may be entitled to refuse requests where exemptions or exceptions apply.
The School will try to respond to any request as soon as is reasonably practicable and in any event within the legal time-limit. This is generally one month, but this may be extended if your request is complex. We will be more able to reply quickly if your request is smaller and targeted. If your request is obviously excessive or similar to previous requests, we may ask you to reconsider or charge a proportionate administration fee, but only where data protection law allows this.
11. Pupil personal data and parental consent
The rights under Data Protection Law belong to the individual to whom the data relates. However, the School will in most cases 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.
In general, the School will assume a pupil’s consent to 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 will 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 and staff are required to respect the personal data and privacy of others and to comply with the School's IT: Acceptable Use Policy. Pupils must obey the School Rules.
12. Data accuracy and security
The School tries to keep all personal data as up to date and accurate as possible. Please tell the School of any changes to important information about you, such as contact details, as soon as possible.
The School will take appropriate technical and organisational steps to endeavour to ensure the security of personal data it holds about individuals. All staff will be made aware of this Policy and their duties under Data Protection Law.
13. Queries and complaints
If you have any queries or comments, or you believe that the School has not complied with this policy or data protection law, please contact the Bursar and his team by emailing: email@example.com or by writing to: Data Protection, The Bursary, Winchester College, College Street, Winchester, SO23 9NA.
If your comments or queries are not resolved, you can also contact the ICO, although the ICO recommends that steps are taken to resolve the matter with the School first (including, where appropriate, through the School’s complaints process): Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or by telephone: 0303 123 1113 Website: https://www.ico.org.uk.