Data Protection Policy

Version

1.4 Draft

Review Date

September 2019

 Review Cycle

Biennially

 Review Due

 September 2021

 Author / Owner

Shirley Levy / Steven Coates

 

Table of Contents

  1. Aims and Purpose of Policy............................................................................................................ 3
  2. Legislation and Guidance............................................................................................................... 3
  3. Definitions...................................................................................................................................... 4
  4. Data Controller / Data Processor................................................................................................... 5
  5. Roles and Responsibilities.............................................................................................................. 6
  6. Data Protection Principles.............................................................................................................. 7
  7. Collecting Personal Data................................................................................................................ 7
  8. Sharing Personal Data.................................................................................................................... 8
  9. Subject Access Requests and Other Rights of Individuals.............................................................. 9
  10. Parental Requests to see the Educational Record....................................................................... 11
  11. CCTV............................................................................................................................................. 11
  12. Photographs and Videos.............................................................................................................. 11
  13. Data Protection by Design and Default........................................................................................ 12
  14. Data Security and Storage of Records......................................................................................... 13
  15. Disposal of Records...................................................................................................................... 13
  16. Personal Data Breaches............................................................................................................... 14
  17. Training........................................................................................................................................ 14
  18. Monitoring Arrangements........................................................................................................... 14
  19. Links with Other Policies.............................................................................................................. 14
  20. Enquiries....................................................................................................................................... 14
  21. Harmonisation with the Aropean Union...................................................................................... 14

Appendix 1: Personal Data Breach Procedure................................................................................... 16

1. Aims and Purpose of Policy

This document draws on content contained with the following Bournemouth, Christchurch and Poole Council (BCP) policies and adds additional content as considered appropriate to Winchelsea School or to specify where the approach of the school may differ:

  • Information Governance Policy
  • Information Security Policy

This school 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 the provisions of the Data Protection Act 2018 (DPA) and that the rights of individuals are appropriately protected.

This policy applies to all personal data, regardless of whether it is held in paper or electronic format. 

2. Legislation and Guidance

This policy and the school’s approach to these matters are designed to meet the requirements of the DPA, which is the principal governing statute.  It replaced the provisions of the Data Protection Act 1998 and represents an attempt to modernise Data Protection law and to incorporate the provisions of the General Data Protection Regulation (GDPR).  GDPR is in force across all European Union member states and is directly applicable in the laws of each of the member states by virtue of Article 288 of the Treaty on the Functioning of the European Union, however, GDPR has to be supplemented by national legislation to ensure it functions effectively, hence the enactment of consolidating primary legislation.  

 

Other relevant legislation exists.  The most important amongst these are:

Education (Pupil Information) (England) Regulations 2005

Environmental Information Regulations 2004

Freedom of Information Act 2000

Human Rights Act 1998

Privacy and Electronic Communication Regulations 2003

Additional guidance is available from the Information Commissioner’s Office (ICO).  The ICO is a non-departmental public body which reports directly to Parliament and is sponsored by the Department for Digital, Culture, Media and Sport (DCMS).  It acts as the independent regulatory office in charge of upholding information rights in the interest of the public. 

It is also borne in mind that English common law has traditionally protected an individual's right to expect that personal information about him or her will be kept confidential.  Information will be protected if it has "the necessary quality of confidence about it" and has been imparted in circumstances where a clear obligation of confidence exists.  

The duty of confidentiality is important but is not absolute and information can be disclosed in certain circumstances, for example where consent has been given, where disclosure is required by law or the wider public interest.  Examples of such disclosures include:

  • Pupil data disclosed to authorised recipients related to education and administration necessary for the school to perform its statutory duties and obligations.
  • Pupil data disclosed to authorised recipients in respect of a child’s health, safety and welfare. A possible example might be disclosure to the Police for the prevention, investigation and detection of crime as well as the apprehension and prosecution of offenders.
  • Pupil data disclosed to parents in respect of their child’s progress, achievements, attendance, attitude or general demeanour within or in the vicinity of the school.
  • Staff data disclosed to relevant authorities e.g. in respect of payroll and administrative matters.

Even excepting the existence of any Data Protection legislation, there is a requirement under the normal course of events for the school and its staff to honour the confidentiality of the personal data it holds.

3. Definitions

 

Term

Definition

Personal Data

Any information relating to an identified or identifiable 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.

•      Biometrics (such as fingerprints, retina and iris patterns), where used for identification purposes.

•      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.

 

Parent / Carer

Includes any person having parental responsibility or care of a child as set out by S.576 Education Act 1996.

 

4. Data Controller / Data Processor

This school processes personal data relating to parents, pupils, staff, governors, visitors and others, and therefore is a Data Controller.

The school is registered as a Data Controller with the ICO and renews this registration annually or as otherwise legally required.

The school’s Registration Reference is Z650678X.

The ICO has produced a very useful guide setting out the difference between Data Controllers and Data Processors:  Data Controllers and Data Processors: what the difference is and what the governance implications are

Whilst this has yet to be updated by the ICO following the passing of the DPA, these changes will only be subtle.

Quoting briefly from S.10 of this guide:  The definition of ‘processing’ suggests that a data processor’s activities must be limited to the more ‘technical’ aspects of an operation, such as data storage, retrieval or erasure. Activities such as interpretation, the exercise of professional judgement or significant decision-making in relation to personal data must be carried out by a data controller. This is not a hard and fast distinction and some aspects of ‘processing’, for example ‘holding’ personal data, could be common to the controller and the processor.

It is acknowledged that certain data is ‘processed’ on behalf of the school by nature of the multiple databases required to run a school.

5. Roles and Responsibilities

This policy applies to all staff employed by our school, and to external organisations or individuals working on our behalf. Staff who do not comply with this policy may face disciplinary action. 

5.1 Governing Body

The Governing Body has overall responsibility for ensuring that the school complies with all relevant Data Protection obligations.

5.2 Data Protection Officer

The Data Protection officer (DPO) is responsible for overseeing the implementation of this policy, monitoring our compliance with Data Protection law, and with developing related policies, procedures and guidelines where applicable.  The DPO will also appropriately document the school’s approach and undertake periodic data audits as applicable.

The DPO will provide an annual report of data protection related activities directly to the Governing Body and, where relevant, will provide advice and recommendations on school Data Protection issues. 

The DPO is also the first point of contact for individuals whose data the school processes, and for the ICO.

Our DPO is Mr S Coates and is contactable via dpo@winchelsea.poole.sch.uk.

5.3 Headteacher

The Headteacher is the named Data Controller on a day-to-day basis for the purposes of the ICO.

5.4 All Staff

All staff are responsible for:

  • Collecting, storing and processing any personal data in accordance with this policy and as relevant to their job roles.
  • Informing the school of any changes to their personal data, such as a change of address.
  • Contacting the DPO in the following circumstances:
    • With any questions about the operation of this policy, Data Protection law, retaining personal data or keeping personal data secure.
    • If they have any concerns that this policy is not being followed. o If they are unsure whether or not they have a lawful basis to use personal data in a particular way.
    • If they need to rely on or capture consent, draft a privacy notice, deal with Data Protection rights invoked by an individual, or transfer personal data outside the European Economic Area (EEA).
    • If there has been a data breach. o Whenever they are engaging in a new activity that may affect the privacy rights of individuals.
    • If they need help with any contracts or sharing personal data with third parties.

6. Data Protection Principles

The GDPR is based on Data Protection principles with which the school must comply.   The principles state that personal data must be:

  • Processed lawfully, fairly and in a transparent manner.
  • Collected for specified, explicit and legitimate purposes.
  • Adequate, relevant and limited to what is necessary to fulfil the purposes for which it is processed.
  • Accurate and, where necessary, kept up to date.
  • Kept for no longer than is necessary for the purposes for which it is processed.
  • Processed in a way that ensures it is appropriately secure, including protection against unlawful or unauthorized processing.

Additionally, the school is required to take responsibility for compliance with the principles, and to have appropriate processes and records in place to demonstrate appropriate compliance.

This policy sets out how the school aims to comply with these principles.

7. Collecting Personal Data

7.1 Lawfulness, Fairness and Transparency 

The school will only process personal data where one of 6 ‘lawful bases’ (legal reasons) to do so under Data Protection law exists:

  • The data needs to be processed so that the school can fulfil a contract with the individual, or the individual has asked the school to take specific steps before entering into a contract.
  • The data needs to be processed so that the school can comply with a legal obligation.
  • The data needs to be processed to ensure the vital interests of the individual e.g. to protect someone’s life.
  • The data needs to be processed so that the school, as a public authority, can perform a task in the public interest, and carry out its official functions.
  • The data needs to be processed for the legitimate interests of the school or a third party (provided the individual’s rights and freedoms are not overridden).
  • The individual (or their parent/carer when appropriate in the case of a pupil) has freely given clear consent.

For special categories of personal data, the school will also meet one of the special category conditions for processing which are set out in the DPA.

Should the school offer online services to pupils, such as classroom apps, and intend to rely on consent as a basis for processing, parental consent will be obtained (except for online counselling and preventive services). 

Whenever personal data is collected directly from individuals, they will be provided with the relevant information required by Data Protection law.

7.2 Limitation, Minimisation and Accuracy

The school will only collect personal data for specified, explicit and legitimate reasons and will explain these reasons to the individuals when their data is first collected.

If personal data is to be used for reasons other than those given when it was first obtained, the school will inform the individuals concerned prior to doing so, and seek consent where necessary.

Personal data will only be processed where it is necessary for school staff to properly undertake the responsibilities of their roles.  Data held will be as accurate and up to date as is reasonably possible.  If a data subject informs the school of a change of circumstances their computer record will be updated as soon as is practicable.

Data held about people will be adequate, relevant and not excessive in relation to the purpose for which the data is being held.  

Data will not be kept for longer than necessary.  Where personal data is no longer needed it will be either deleted or anonymized, having due regard for appropriate retention periods.

The school will follow the retention guidelines set out in the Information and Records Management Society’s toolkit for schools.  Where no retention period for certain classes of documents has been set out, the school will follow a process of common sense and document its decision.

8. Sharing Personal Data

The school will not normally share personal data with anyone else, but may do so where:

  • There is an issue with a pupil or parent/carer that puts the safety of our staff at risk.
  • The school needs to liaise with other agencies – seeking consent as necessary.
  • Suppliers or contractors need data to enable the school to provide services to its staff and pupils – for example, IT companies. When doing this, the school will:
    • Only appoint suppliers or contractors which can provide sufficient guarantees that they comply with Data Protection legislation.
    • Establish a data sharing agreement with the supplier or contractor, either in the contract or as a standalone agreement, to ensure the fair and lawful processing of any personal data which is shared. The data sharing agreements are maintained by the DPO.
    • Only share data that the supplier or contractor needs to carry out their service, and information necessary to keep them safe while working with the school.
    • The school will also request the supplier to complete an appropriate questionnaire detailing their approach to data security and where relevant provided copies of their data protection policies. As such, the school is adopting a pro-active approach to data management.  The completed questionnaires are held by the DPO.

The school will also share personal data with law enforcement and government bodies where legally required to do so, including for:

  • The prevention or detection of crime and/or fraud.
  • The apprehension or prosecution of offenders.
  • The assessment or collection of tax owed to Her Majesty’s Revenue and Customs (HMRC).
  • In connection with legal proceedings.
  • Where the disclosure is required to satisfy our safeguarding obligations.
  • Research and statistical purposes, as long as personal data is sufficiently anonymised or where consent has been provided.

The school may also share personal data with emergency services and Local Authorities (LAs) to help them to respond to an emergency situation affecting any of our pupils or staff.

Where we transfer personal data to a country or territory outside the EEA, we will do so in accordance with Data Protection law.

9. Subject Access Requests and Other Rights of Individuals

9.1 Subject Access Requests

The DPA extends to all data subjects a right of access to their personal data.  Individuals are required to make a Subject Access Request (SAR) to gain access to personal information that the school holds about them. This includes:

  • Confirmation that their personal data is being processed.
  • Access to a copy of the data.
  • The purposes of the data processing.
  • The categories of personal data concerned.
  • With whom the data has been, or will be, shared.
  • How long the data will be stored for, or if this isn’t possible, the criteria used to determine this period.
  • The source of the data, if not the individual.
  • Whether any automated decision-making is being applied to their data, and what the significance and consequences of this might be for the individual.

SARs must be submitted on a formal basis in writing, either by letter, email or fax to the DPO. They should include:

  • Name of individual.
  • Correspondence address.
  • Contact number and email address.
  • Details of the information requested.

If staff receive a subject access request 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 an SAR, 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, particularly in an educational setting catering to pupils with Special Educational Needs. As such, in the case of Subject Access Requests from parents or carers for pupils at this school, a presumption will be made in favour of those with parental / carer responsibility and these will be granted without the express permission of the pupil. 

Children aged 12 and above are generally regarded to be mature enough to understand their rights and the implications of an SAR but again appropriate consideration must be given to the ability of the particular child to fully understand their rights. SARs for such children will always be judged on a case-by-case basis.

9.3 Responding to Subject Access Requests

When responding to requests, we: 

  • May ask the individual to provide appropriate identification.
  • Will acknowledge receipt of the request without delay, and will respond within 1 month of receipt, unless the request is complex.
  • Will seek to provide the information free of charge.
  • Where the request is complex we may tell the individual we will comply within 3 months of the request. We will inform the individual of this within 1 month, and explain why the extension is necessary.

We will not disclose information if it:

  • Might cause serious harm to the physical or mental health of the pupil or another individual.
  • Would reveal that the child is at risk of abuse, where the disclosure of that information would not be in the child’s best interests.
  • Is contained in adoption or parental order records.
  • Is given to a court in proceedings concerning the child.

If the request is unfounded or excessive, we may refuse to act on it, or charge a reasonable fee which takes into account administrative costs.

A request will be deemed to be unfounded or excessive if it is repetitive, or asks for further copies of the same information. 

When we refuse a request, we will tell the individual why, and advise 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 an SAR (see above), and to receive information when collecting their data about how the school uses and processes it (see section 7), individuals also have the right to:

  • Withdraw their consent to processing at any time.
  • Ask the school to rectify, erase or restrict processing of their personal data, or object to the processing of it (in certain circumstances).
  • Prevent use of their personal data for direct marketing.
  • Challenge processing which has been justified on the basis of public interest.
  • Request a copy of agreements under which their personal data is transferred outside of the EEA.
  • Object to decisions based solely on automated decision making or profiling (decisions taken with no human involvement, that might negatively affect them).
  • Prevent processing that is likely to cause damage or distress.
  • Be notified of a data breach in certain circumstances.
  • Make a complaint to the ICO.
  • Ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format (in certain circumstances).

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.

10. Parental Requests to see the Educational Record

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 school days of receipt of a written request. 

As far is possible, this information will be provided free of charge.

It should be borne in mind that if the school ever becomes an Academy that there is no equivalent legal right of access to information.  The school would need to formulate an appropriate policy.

11. CCTV

The school uses CCTV around the school site to ensure it remains safe. 

The school adheres to the ICO’s Code of Practice for the use of CCTV. 

The school does not need to ask individuals’ permission to use CCTV. Security cameras are clearly visible and accompanied by prominent signs explaining that CCTV is in use and for which purposes.

12. Photographs and Videos

As part of the school activities, photographs may be taken and record images recorded of individuals within our school.

Written consent will be obtained from parents/carers for photographs and videos to be taken of their child for communication, marketing and promotional materials. The school will clearly explain how the photograph and/or video will be used to both the parent/carer and pupil.

Uses may include:

  • Within school on notice boards and in school magazines, brochures, newsletters, etc.
  • Outside of school by external agencies such as the school photographer, newspapers, campaigns
  • Online on the school website, schoolzine app or social media pages

Consent can be refused or withdrawn at any time. If consent is withdrawn, the photograph or video will be deleted and not distributed further.

Use of photographs and videos in this way will not be accompanied with any other personal information about the child, to ensure they cannot be identified.

Further information can be found in the school’s Child Protection and Safeguarding Policy for more information on the use of photographs and videos.

13. Data Protection by Design and Default

Measures are in place to show that the school has integrated Data Protection into all of our data processing activities, including:

  • The appointment of a suitable DPO, and ensuring that person has the necessary resources to fulfil their duties and maintain their expert knowledge.
  • Having in place appropriate policies and procedures.
  • Only processing personal data that is necessary for each specific purpose of processing, and always in line with the Data Protection principles set out in relevant Data Protection law (refer section 6)
  • Completing privacy impact assessments where the school’s processing of personal data presents a high risk to rights and freedoms of individuals, and when introducing new technologies. The DPO will advise on this process.
  • Integrating Data Protection into internal documents including this policy, any related policies and privacy notices.
  • Regularly training members of staff on Data Protection legislation, this policy, any related policies and any other Data Protection matters to ensure these issues remain in the forefront of staff’s minds.
  • Considering Data Protection on a pro-active basis and documenting the school’s approach in manual form. Regularly undertaking reviews and audits to test our privacy measures and ensure we remain compliant
  • Maintaining records of our processing activities, including:
    • For the benefit of Data Subjects, making available the name and contact details of our school and DPO and all information we are required to share about how we use and process their personal data (via our privacy notices)
    • For all personal data that we hold, maintaining an internal record of the type of data, Data Subject, how and why we are using the data, any third-party recipients, how and why we are storing the data, retention periods and how we are keeping the data secure.

14. Data Security and Storage of Records

The school undertakes to 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:

  • Appropriate building security measures are in place, include perimeter fencing, intruder alarms and deadlocks.
  • Paper-based records and portable electronic devices, such as laptops and hard drives that contain personal data are kept under lock and key when not in use.
  • Papers containing confidential personal data must not be left on office and classroom desks, on staffroom tables, pinned to notice/display boards, or left anywhere else where there is general access.
  • Computers are required to be locked when unattended.
  • Staff should not take personal information off site, except with very good reason and after having sought and obtained prior agreement.
  • Passwords that are at least 8 characters long containing letters and numbers are used to access school computers, laptops and other electronic devices. Staff and pupils are reminded to change their passwords at regular intervals. Password change is enforced on a 90 days basis with 4 previous passwords stored so no password can be reused on less than an annual basis.
  • System access has been established upon a hierarchical basis with staff having access to the data they require to undertake their duties and not having access as far as is reasonably possible to data they do not require.
  • Computer files are regularly backed up and appropriate recovery protocols are in place.
  • All portable devices and removable media, such as laptops, must be password protected. Staff are encouraged to utilise remote access as a more secure alternative as this will ensure that files are updated on the school’s servers rather than in the local memory of the device being used.  Likewise, memory sticks should not be used offsite.
  • Staff, pupils or governors who store personal information on their personal devices are expected to follow the same security procedures as for school-owned equipment.
  • Where it is necessary to share personal data with a third party, the school will carry out due diligence and take reasonable steps to ensure it is stored securely and adequately protected (Refer Section 8).

15. Disposal of Records

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.

For example, paper-based records will be shredded or incinerated.  Electronis records will either be overwritten or deleted. Should the school use a third party to safely dispose of records on the school’s behalf, it will require the third party to provide sufficient guarantees that it complies with Data Protection law. 

Any obsolete devices such as computers containing sensitive data are disposed of having due regard for an aim to recycle such items in an ‘environmentally friendly’ manner ensuring at the same time that all data is safely and appropriately destroyed.

All such devices will be recycled under articles set down in Environment Act (1995), Environment Protection (Duty of Care) Regulations 1991, EU Directive 2006/96/EC and Amendment EU Directive 2003/108/EC on Waste Electrical and Electronic Equipment (WEEE).

Electronic data will be disposed of by an approved contractor able to supply a Certificate of Data Destruction (CODD) and ensures that where any hard disk fails data wiping, cannot be accessed or is found to be faulty, that it is removed from the device, degaussed, then physically destroyed ensuring complete data security.

16. Personal Data Breaches

The school will make all reasonable endeavours to ensure that there are no personal data breaches.  

In the unlikely event of a suspected data breach, the procedure set out in appendix 1 will be followed.

When appropriate,the data breach will be reported to the ICO within 72 hours. Such breaches in a school context may include, but are not limited to:

  • A non-anonymised dataset being published on the school website.
  • Safeguarding information being made available to an unauthorised person.
  • The theft of a school laptop containing non-encrypted personal data about pupils.

17. Training

All staff and governors are provided with Data Protection training as part of their induction process.

Data Protection will form part of annual continuing professional development.  Periodic reminders will be issued to staff covering changes to legislation, guidance or the school’s processes. 

18. Monitoring Arrangements

The DPO is responsible for monitoring and reviewing this policy.  This policy will be reviewed biennially and ratified by the Governing Body.

Consideration may need to be given to any changes which may take place when the United Kingdom exits the European Union although at this stage no significant changes are anticipated.  

19. Links with other policies

This Data Protection policy is linked to the following additional policies:

  • Freedom of Information Publication scheme
  • Child Protection/Safeguarding Policy
  • E-Safety Policy
  • ICT and Data Security Policy
  • Acceptable Use Policy
  • E-mail and Internet Policy

20. Enquiries

Information about the school’s Data Protection Policy is available from the school office or the DPO depending upon the nature of the enquiry.  General information about GDPR and the DPA can be obtained from the Data Protection Commissioner, Tel No: 01625 545 745.  The ICO Website https://ico.org.uk/ has a number of useful reference guides.

 

21.    Harmonisation with the European Union

 

Once the United Kingdom has left the European Union, it is understood it will be given 'third country' status.  Countries in this category will need to show their data protection laws are robust if they are to secure an adequacy agreement, needed to ensure the smooth flow of data to and from the EU.  This is currently the case with the DPA as it embodies the requirements of GDPR.

 

It is understood that the UK government will seek an adequacy agreement with the European Union, however, the process for this can only begin once the United Kingdom has left the European Union.

 

Appendix 1: Personal Data Breach Procedure

This procedure is based on guidance on personal data breaches produced by the ICO.

  • On finding or causing a breach, or potential breach, the staff member or Data Processor must immediately notify the DPO.
  • 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:
    • o Stolen. o Destroyed. o Altered. o Disclosed or made available where it should not have been.
    • Made available to unauthorised people.
  • The DPO will alert the Headteacher and the Chair of Governing Body.
  • The DPO will make all reasonable efforts to contain and minimise the impact of the breach, assisted by relevant staff members or Data Processors where necessary. (Actions relevant to specific data types are set out 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.
  • The DPO will work out whether the breach must be reported to the ICO. This must be judged on a case-by-case basis. To decide, the DPO will consider whether the breach is likely to negatively affect people’s rights and freedoms, and cause them any physical, material or non-material damage (e.g. emotional distress), including through:
    • Loss of control of data.
    • Identify theft or fraud.
    • Financial loss. o Damage to reputation. o Loss of confidentiality.
    • Any other significant economic or social disadvantage to the individual(s) concerned.

If it’s likely that there will be a risk to people’s rights and freedoms, the DPO must notify the ICO.

  • The DPO will document the decision (either way), in case it is challenged at a later date by the ICO or an individual affected by the breach. Documented decisions are stored in the following file: F:/GDPR/Data Breaches.
  • Where the ICO must be notified, the DPO will do this via the report a breach’ page of the ICO website within 72 hours. As required, the DPO will set out:
    • A description of the nature of the personal data breach including, where possible:
      • The categories and approximate number of individuals concerned.
      • The categories and approximate number of personal data records concerned.
    • The name and contact details of the DPO. o A description of the likely consequences of the personal data breach. o A description of the measures that have been, or will be taken, to deal with the breach and mitigate any possible adverse effects on the individual(s) concerned.
  • If all the above details are not yet known, the DPO will report in as much details as is possible within 72 hours. 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.
  • The DPO will also assess the risk to individuals, again based on the severity and likelihood of potential or actual impact. If the risk is high, the DPO will promptly inform, in writing, all individuals whose personal data has been breached. This notification will set out:
    • The name and contact details of the DPO. o A description of the likely consequences of the personal data breach. o A description of the measures that have been, or will be, taken to deal with the data breach and mitigate any possible adverse effects on the individual(s) concerned.
  • The DPO will 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:
    • Facts and cause. o o Action taken to contain it and ensure it does not happen again (such as establishing more robust processes or providing further training for individuals).

Records of all breaches will be stored in the following file: F:/GDPR/Breach

The DPO and Headteacher will meet, as soon as reasonably possible, to review what happened and how a recurrence can be prevented. 

Actions to Minimise Impact of Data Breaches

We will take the actions set out below to mitigate the impact of different types of data breach, focusing especially on breaches involving high risk or sensitive information. We will review the effectiveness of these actions and amend them as necessary after any data breach.

Disclosure of Sensitive Information via E-Mail

  • 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 to recall it.
  • In any cases where the recall is unsuccessful, the DPO will 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 ensure we receive 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.

Other possible types of breach might include:

 

  • Details of pupil premium interventions for named children being published on the school website.
  • A school laptop containing non-encrypted sensitive personal data being stolen or hacked.

End of the Year!

16 Jul 2020

Hi everyone, Just a last check in from me for a couple of weeks!  I have today written to you all about a few things. Please don't worry over the holiday about September. I will be back in touch...

Safeguarding - Summer Holiday

13 Jul 2020

As we begin the summer holiday, please see below for some advice and guidance regarding safeguarding - Summer Holiday Safeguarding Regards,Geoff CherrillHeadteacher

Checking in...

03 Jul 2020

Hi everyone! I hope you are all ok. I know that this is turning into quite a challenging time for some of you, so if you need anything, please let us know! Just a quick update -  1. We are all re...

Checking in...

18 Jun 2020

Hi everyone, I hope you are all doing ok. I know this is turning into an extremely challenging time for lots of you.  It's been great to see so many of the children over the last couple of weeks....

Weekends

09 Jun 2020

Hi everyone, I hope you are all keeping safe! Just to let you know that now all staff are back in school , we will no longer be opening the school gate over the weekends. Obviously, many of the restri...

Parent Guidance - 3rd June 2020

03 Jun 2020

The latest DfE Guidance for Parents & Carers can be found here -  https://www.gov.uk/government/publications/closure-of-educational-settings-information-for-parents-and-carers/closure-of-educ...

Term Dates 2020 - 2021

02 Jun 2020

Term Dates for 2020 - 2021 can be found here -  https://winchelseas.schoolzineplus.co.uk/term-dates Regards,Geoff CherrillHeadteacher

Safeguarding

02 Jun 2020

The following is some guidance from the NSPCC - Home isn’t always a safe place. Schools closing could put some children at greater risk of abuse and neglect and that’s why we’re sup...

Parents Evening - 9th July 2020

01 Jun 2020

Please be aware that we WILL NOT be holding Parents Evening on Thursday 9th July. Regards,Geoff CherrillHeadteacher

Update - 21st May

21 May 2020

Good morning everyone! We now have a plan for after half-term! Your Class Teachers will be contacting you shortly to provide some details. If you have a missed call, please do not contact Reception as...