Our academy aims to ensure that all personal data collected about staff, pupils, parents, governors, visitors and other individuals is collected, stored and processed in accordance with UK data protection law.
This policy applies to all personal data, regardless of whether it is in paper or electronic format.
This policy meets the requirements of the:
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)
It is based on guidance published by the Information Commissioner’s Office (ICO) on the GDPR.
It meets the requirements of the Protection of Freedoms Act 2012 when referring to our use of biometric data.
In addition, this policy complies with regulation 5 of the Education (Pupil Information) (England) Regulations 2005, which gives parents the right of access to their child’s educational record.
term | definition |
Personal data | Any information relating to an identified, or identifiable, living individual. This may include the individual’s: Name (including initials) Identification number Location data Online identifier, such as a username It may also include factors specific to the individual’s physical, physiological, genetic, mental, economic, cultural or social identity. |
Special categories of personal data | Personal data which is more sensitive and so needs more protection, including information about an individual’s: Racial or ethnic origin Political opinions Religious or philosophical beliefs Trade union membership Genetics Health – physical or mental Sex life or sexual orientation |
Processing | Anything done to personal data, such as collecting, recording, organising, structuring, storing, adapting, altering, retrieving, using, disseminating, erasing or destroying. Processing can be automated or manual. |
Data subject | The identified or identifiable individual whose personal data is held or processed. |
Data controller | A person or organisation that determines the purposes and the means of processing of personal data. |
Data processor | A person or other body, other than an employee of the data controller, who processes personal data on behalf of the data controller. |
Personal data breach | A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. |
Our academy processes personal data relating to parents, pupils, staff, governors, visitors and others, and therefore is a data controller.
The academy is registered with the ICO hand as paid its data protection fee to the ICO, as legally required.
This policy applies to all staff employed by our academy, and to external organisations or individuals working on our behalf. Staff who do not comply with this policy may face disciplinary action.
The governing board has overall responsibility for ensuring that our academy complies with all relevant data protection obligations.
The data protection officer (DPO) is responsible for overseeing the implementation of this policy, monitoring our compliance with data protection law, and developing related policies and guidelines where applicable.
They will provide an annual report of their activities directly to the governing board and, where relevant, report to the board their advice and recommendations on academy data protection issues.
The DPO is also the first point of contact for individuals whose data the academy processes, and for the ICO.
Full details of the DPO’s responsibilities are set out in their job description.
Our DPO is Mehmet Karaman and is contactable via director@iwacademy.co.uk
The Managing Director acts as the representative of the data controller on a day-to-day basis.
Staff are responsible for:
The UK GDPR is based on data protection principles that our academy must comply with.
The principles say that personal data must be:
This policy sets out how the academy aims to comply with these principles.
7.1 Lawfulness, fairness and transparency
We will only process personal data where we have one of 6 ‘lawful bases’ (legal reasons) to do so under data protection law:
For special categories of personal data, we will also meet one of the special category conditions for processing under data protection law:
For criminal offence data, we will meet both a lawful basis and a condition set out under data protection law. Conditions include:
Whenever we first collect personal data directly from individuals, we will provide them with the relevant information required by data protection law.
We will always consider the fairness of our data processing. We will ensure we do not handle personal data in ways that individuals would not reasonably expect, or use personal data in ways which have unjustified adverse effects on them.
7.2 Limitation, minimisation and accuracy
We will only collect personal data for specified, explicit and legitimate reasons. We will explain these reasons to the individuals when we first collect their data.
If we want to use personal data for reasons other than those given when we first obtained it, we will inform the individuals concerned before we do so, and seek consent where necessary.
Staff must only process personal data where it is necessary in order to do their jobs.
We will keep data accurate and, where necessary, up-to-date. Inaccurate data will be rectified or erased when appropriate.
In addition, when staff no longer need the personal data they hold, they must ensure it is deleted or anonymised. This will be done in accordance with the academy’s record retention schedule.
We will not normally share personal data with anyone else without consent, but there are certain circumstances where we may be required to do so. These include, but are not limited to, situations where:
We will also share personal data with law enforcement and government bodies where we are legally required to do so.
We may also share personal data with emergency services and local authorities to help them to respond to an emergency situation that affects any of our pupils or staff.
Where we transfer personal data internationally, we will do so in accordance with UK data protection law.
Individuals have a right to make a ‘subject access request’ to gain access to personal information that the academy holds about them. This includes:
Subject access requests can be submitted in any form, but we may be able to respond to requests more quickly if they are made in writing and include:
If staff receive a subject access request in any form they must immediately forward it to the DPO.
9.2 Children and subject access requests
Personal data about a child belongs to that child, and not the child’s parents or carers. For a parent or carer to make a subject access request with respect to their child, the child must either be unable to understand their rights and the implications of a subject access request, or have given their consent.
Children below the age of 12 are generally not regarded to be mature enough to understand their rights and the implications of a subject access request. Therefore, most subject access requests from parents or carers of pupils at our academy may be granted without the express permission of the pupil. This is not a rule and a pupil’s ability to understand their rights will always be judged on a case-by-case basis.
Children aged 12 and above are generally regarded to be mature enough to understand their rights and the implications of a subject access request. Therefore, most subject access requests from parents or carers of pupils at our academy may not be granted without the express permission of the pupil. This is not a rule and a pupil’s ability to understand their rights will always be judged on a case-by-case basis.
9.3 Responding to subject access requests
When responding to requests, we:
We may not disclose information for a variety of reasons, such as if it:
If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee to cover administrative costs. We will take into account whether the request is repetitive in nature when making this decision.
When we refuse a request, we will tell the individual why, and tell them they have the right to complain to the ICO.
9.4 Other data protection rights of the individual
In addition to the right to make a subject access request (see above), and to receive information when we are collecting their data about how we use and process it (see section 7), individuals also have the right to:
Individuals should submit any request to exercise these rights to the DPO. If staff receive such a request, they must immediately forward it to the DPO.
Parents, or those with parental responsibility, have a legal right to free access to their child’s educational record (which includes most information about a pupil) within 15 academy days of receipt of a written request.
If the request is for a copy of the educational record, the academy may charge a fee to cover the cost of supplying it.
This right applies as long as the pupil concerned 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.
As part of our academy activities, we may take photographs and record images of individuals within our academy.
We will obtain written consent from parents/carers, or pupils aged 18 and over, for photographs and videos to be taken of pupils for communication, marketing and promotional materials.
Where we need parental consent, we will clearly explain how the photograph and/or video will be used to both the parent/carer and pupil. Where we don’t need parental consent, we will clearly explain to the pupil how the photograph and/or video will be used.
Any photographs and videos taken by parents/carers at academy events for their own personal use are not covered by data protection legislation. However, we will ask that photos or videos with other pupils are not shared publicly on social media for safeguarding reasons, unless all the relevant parents/carers (or pupils where appropriate) have agreed to this.
Where the academy takes photographs and videos, uses may include:
Consent can be refused or withdrawn at any time. If consent is withdrawn, we will delete the photograph or video and not distribute it further.
When using photographs and videos in this way we will not accompany them with any other personal information about the child, to ensure they cannot be identified.
See our privacy policy for more information on our use of photographs and videos.
We will put measures in place to show that we have integrated data protection into all of our data processing activities, including:
Maintaining records of our processing activities, including:
We will protect personal data and keep it safe from unauthorised or unlawful access, alteration, processing or disclosure, and against accidental or unlawful loss, destruction or damage.
In particular:
Personal data that is no longer needed will be disposed of securely. Personal data that has become inaccurate or out of date will also be disposed of securely, where we cannot or do not need to rectify or update it.
The academy will make all reasonable endeavours to ensure that there are no personal data breaches.
In the unlikely event of a suspected data breach, we will follow the procedure set out in appendix 1.
When appropriate, we will report the data breach to the ICO within 72 hours after becoming aware of it. Such breaches in a academy context may include, but are not limited to:
All staff and governors are provided with data protection training as part of their induction process.
Data protection will also form part of continuing professional development, where changes to legislation, guidance or the academy’s processes make it necessary.
The DPO is responsible for monitoring and reviewing this policy.
This policy will be reviewed annually and approved by the full governing board.
This data protection policy is linked to our:
Appendix 1: Personal data breach procedure
This procedure is based on guidance on personal data breaches produced by the Information Commissioner’s Office (ICO).
On finding or causing a breach, or potential breach, the staff member, governor or data processor must immediately notify the data protection officer (DPO) by an email.
The DPO will investigate the report, and determine whether a breach has occurred. To decide, the DPO will consider whether personal data has been accidentally or unlawfully:
Staff and governors will cooperate with the investigation (including allowing access to information and responding to questions). The investigation will not be treated as a disciplinary investigation
If a breach has occurred or it is considered to be likely that is the case, the DPO will alert the Managing Director.
The DPO will make all reasonable efforts to contain and minimise the impact of the breach. Relevant staff members or data processors should help the DPO with this where necessary, and the DPO should take external advice when required (e.g. from IT providers). (See the actions relevant to specific data types at the end of this procedure)
The DPO will assess the potential consequences (based on how serious they are and how likely they are to happen) before and after the implementation of steps to mitigate the consequences
The DPO will work out whether the breach must be reported to the ICO and the individuals affected using the ICO’s self-assessment tool
The DPO will document the decisions (either way), in case the decisions are challenged at a later date by the ICO or an individual affected by the breach. Documented decisions are stored on a designated platform in academy management system.
Where the ICO must be notified, the DPO will do this via the ‘report a breach’ page of the ICO website, or through its breach report line (0303 123 1113), within 72 hours of the academy’s awareness of the breach. As required, the DPO will set out:
If all the above details are not yet known, the DPO will report as much as they can within 72 hours of the academy’s awareness of the breach. The report will explain that there is a delay, the reasons why, and when the DPO expects to have further information. The DPO will submit the remaining information as soon as possible
Where the academy is required to communicate with individuals whose personal data has been breached, the DPO will tell them in writing. This notification will set out:
The DPO will consider, in light of the investigation and any engagement with affected individuals, whether to notify any relevant third parties who can help mitigate the loss to individuals – for example, the police, insurers, banks or credit card companies
The DPO will document each breach, irrespective of whether it is reported to the ICO. For each breach, this record will include the:
Records of all breaches will be stored stored on a designated platform in academy management system.
The DPO and Managing Director will meet to review what happened and how it can be stopped from happening again. This meeting will happen as soon as reasonably possible
The DPO and Managing Director will meet regularly to assess recorded data breaches and identify any trends or patterns requiring action by the academy to reduce risks of future breaches
Actions to minimise the impact of data breaches
We set out below the steps we might take to try and mitigate the impact of different types of data breach if they were to occur, focusing especially on breaches involving particularly risky or sensitive information. We will review the effectiveness of these actions and amend them as necessary after any data breach.
Sensitive information being disclosed via email (including safeguarding records)
If special category data (sensitive information) is accidentally made available via email to unauthorised individuals, the sender must attempt to recall the email as soon as they become aware of the error
Members of staff who receive personal data sent in error must alert the sender and the DPO as soon as they become aware of the error
If the sender is unavailable or cannot recall the email for any reason, the DPO will ask the [ICT department/external IT support provider] to attempt to recall it from external recipients and remove it from the academy’s email system (retaining a copy if required as evidence)
In any cases where the recall is unsuccessful or cannot be confirmed as successful, the DPO will consider whether it’s appropriate to contact the relevant unauthorised individuals who received the email, explain that the information was sent in error, and request that those individuals delete the information and do not share, publish, save or replicate it in any way
The DPO will endeavor to obtain a written response from all the individuals who received the data, confirming that they have complied with this request
The DPO will carry out an internet search to check that the information has not been made public; if it has, we will contact the publisher/website owner or administrator to request that the information is removed from their website and deleted
If safeguarding information is compromised, the DPO will inform the designated safeguarding lead and discuss whether the academy should inform any, or all, of its 3 local safeguarding partners
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