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Data Protection and Use of Data

 

 

The Local Authority (LA) uses information about children for whom it provides services, to enable it to carry out specific functions for which it is responsible, such as the assessment of any special educational needs the child may have. It also uses the information to derive statistics to inform decisions on (for example) the funding of schools, and to assess the performance of schools and set targets for them. The statistics are used in such a way that individual children cannot be identified from them.

The Local Authority will use information about its school workforce for research and statistical purposes, and to evaluate and develop education policy and strategies. The statistics are used in such a way that individual staff cannot be identified from them. The LA may also use it to support and monitor schools regarding sickness and recruitment of staff.

The NHS use information about pupils for research and statistical purposes, to monitor the performance of local health services and to evaluate and develop them. The statistics are used in such a way that individual pupils cannot be identified from them. Information on the height and weight of individual pupils may however be provided to the child and its parents and this will require the NHS to maintain details of pupils’ names for this purpose for a period designated by the Department of Health following the weighing and measuring process. the NHS may also provide individual schools and LAs with aggregate information on pupils’ height and weight.

Youth Support Services - For pupils aged 13 years and over, the school is legally required to pass on certain information to the provider of Youth Support services in their area. This is the local authority support service for young people aged 13 to 19 in England. The school must provide the name and address of the pupil and their parents and any further information relevant to the support services' role. In addition, the date of birth of the pupil is supplied.

Youth Support services pass on some of the information they collect to the Department for Education (DfE) to enable them to assess the local authorities’ performance and determine the destinations of young people after they have left compulsory education. If you require more information about how the DfE store and use your information then please go to the following website:

https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

Data may also be shared with post 16 providers to secure appropriate support on entry to post 16 provision.

Until pupils are aged 16 or older, their parent(s) can ask that no information beyond their children’s name, address and date of birth (and their own name and address) be passed to the youth support services provider. This right transfers to the pupil on their 16th birthday. Pupils and/or parents will need to inform the school if this is what they wish.

Online information, advice and support on a range of issues affecting young people can be found on the Gov.UK website at:

www.direct.gov.uk with access to trained helpline advisers, via SMS text message, telephone, web chat and email. 

Privacy Notices

Gateshead LA have to provide individuals with notification explaining the purposes for which they process the personal data, and any other information that is necessary to make the processing of the personal data fair, including any third parties to whom the data may be passed on. This is done by what is referred to as a ‘privacy notice'.

Children have certain rights under the Data Protection Act, including a general right to be given access to personal data held about them. There is a presumption (endorsed by legal guidance issued by the Information Commissioner) that a child of twelve years of age and over has sufficient maturity to exercise their rights themselves, though in practice there will be exceptions to this.

The privacy notice is in the form of a single letter which is sent to parents/pupils who are new to a setting.

For instance;

A pupil might receive the Privacy Notice as part of a school brochure or induction pack, or in a school diary, and it could be posted on the school notice board.

or

For staff, the Privacy Notice might be included as part of a contract, induction pack, and posted on the staff notice board, etc.

Or

A child receiving Social Care Services or a looked after child might receive their Privacy Notice as part of other information about the services that they are being offered. Click on the following link for DFE guidance and templates on privacy notices.

Freedom of Information

Find out more about making a Freedom of Information request to Gateshead Council.