Privacy Notice (Students and Young People)

Key Information

Under data protection legislation, individuals have a right to be informed about how InFocus uses any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ to individuals where we are processing their personal data.

Introduction

This privacy notice explains how we collect, store and use personal data about students/young people at InFocus. It also refers to the data held regarding parent/carers of the young people at InFocus.

We, InFocus, are the ‘data controller’ for the purposes of data protection law. This means that InFocus determines the purpose for which, and the manner in which, any personal data relating to the students/young people under our care and their families is to be processed.

Our Data Protection Officer is Jane Nutt, Director of Operations.

InFocus have legal rights to collect and use personal data relating to students/young people and their families, and we also receive information regarding individuals from previous schools, LAs (local authorities), the ESFA (Education Skills Funding Agency), DfE (Department for Education), health authorities and social workers. We collect and use personal data in order to meet our legal requirements, best care, public and legitimate interests set out by data protection legislation.

Responsibilities

The Director of Operation, DPO is responsible for updating this statement and ensuring it is accessible to staff.

Implementation

This statement will be available on the InFocus website or from the MIS team.

General Principles

The personal data we hold:

Personal data that we collect, use, store and share (when appropriate) about students/young people includes, but is not restricted to:       

  • contact details, contact preferences, date of birth, identification documents and pupil numbers
  • contact details for parents/carers
  • assessment information and results for both internal assessments and externally set tests
  • student and curricular records
  • characteristics, such as ethnic background, language, nationality, country of birth, eligibility for free school meals, or special educational needs
  • behavioural information including exclusion information
  • details of any medical conditions, including physical and mental health, and health or medication requirements. 
  • SEND (Special education needs and disability)
  • attendance information
  • safeguarding information
  • details of any support received, including care packages, plans such as EHCP’s (Education, health and care plans) and support providers
  • photographs
  • CCTV images captured in college

Why we collect and use personal data:

There are many reasons why we need to collect data for students, these include:

  • to support learning
  • to monitor and report on student progress
  • to provide appropriate personal and pastoral care
  • protect our students’/young people’s welfare and safeguard all those within our care
  • to assess the quality of our services
  • carry out research
  • administer assessment and admission
  • comply with the law regarding data sharing
  • administer medical requirements

Our lawful basis for using personal data

We only collect and use students’/young people’s personal data and data relating to parents/carers when the law allows us to. Most commonly, we process it where:

  • We need to comply with a legal obligation, including any contractual requirements
  • We need it to perform an official task in the public interest

We may also process students’/young peoples’ personal data in situations where:

  • We have obtained consent to use it in a certain way
  • We need to protect the individual’s vital interests (or someone else’s interests)

Whilst the majority of the personal data you provide to InFocus is mandatory, some is provided on a voluntary basis. When collecting data, InFocus will inform you whether you are required to provide this data or if your consent is needed. Where consent is required, InFocus will provide you with specific and explicit information with regards to the reasons the data is being collected and how the data will be used.

How data is stored

InFocus will keep personal information about their students/young people and parent/carers whilst they are attending InFocus, and in line with the data protection policy and data retention policy.

In accordance with the data protection legislation, InFocus does not store personal data indefinitely; data is only stored for as long as is necessary to complete the task for which it was originally collected or where there is a legal requirement to do so.  Information that is not required to be maintained will be securely deleted.

Data sharing

We do not share information about students/young people with any third party without consent unless the law and our policies allow us to do so.

Where it is legally required, or necessary (and it complies with data protection law) we may share personal information about students/young people and information relating to parent/carers with:

  • Local Authorities – to meet our legal obligations to share certain information with them, such as safeguarding concerns and exclusions, progress data and EHCPs
  • ESFA and DfE
  • the pupil’s family and representatives
  • Educators and examining bodies
  • Regulators such as Ofsted and/or CQC
  • Suppliers and service providers – to enable them to provide the service we have contracted them for
  • Financial organisations
  • Central and local government
  • Auditors
  • survey and research organisations
  • Health authorities
  • Health and social welfare organisations
  • Professional advisers and consultants
  • charities and voluntary organisations
  • Police forces, courts, tribunals
  • Professional bodies

InFocus are also required to share information as follows:

  • National Pupil Database- We are required to provide information about students to the DfE as part of statutory data collections such as the school census.
    • Some of this information is then stored in the National Pupil Database (NPD), which is owned and managed by the DfE and provides evidence on school performance to inform research.
    • The database is held electronically so it can easily be turned into statistics. The information is securely collected from a range of sources including schools, local authorities and exam boards.
    • The DfE may share information from the NPD with other organisations which promote children’s education or wellbeing in England. Such organisations must agree to strict terms and conditions about how they will use the data.
  • ILR (Individual learning records)- We are required to share information about the students/young people at InFocus as part of the ESFA funding requirements.
  • Youth support services- we are legally required to pass on certain information about our students to CSW (Careers South West), as it has legal responsibilities regarding the education or training of 13-25 year-olds. This information enables it to provide youth support services, post-16 education and training services, and careers advisers. Parents/carers, or students once aged 16 or over, can contact our Data Protection Officer to request that we only pass the individual’s name, address, date of birth and unique learner/pupil number to CSW.

Your rights

Parents/carers and students/young people have the following rights in relation to the processing of their personal data. You have the right to:

  • be informed about how InFocus uses your personal information as contained within this privacy notice
  • request access to the personal data that InFocus holds for a student or young person subject to their consent or the consent of the parent/guardian or carer where the individual is under the age of 18.
  • request that some personal data is amended if it is inaccurate and/or incomplete
  • request that personal data is erased/removed where there is no compelling or legal reason for the data to be kept
  • object to the use of personal data if it would cause, or is causing, damage or distress where there is no legal reason to collect the data
  • prevent it being used to send direct marketing
  • request that the processing of your data is restricted
  • withdraw given consent where there is no lawful purpose.

Complaints

If you think that our collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about our data processing, please raise this with us in the first instance.

To make a complaint, please contact our Data Protection Officer- Jane Nutt (contact details below)

Alternatively, you can make a complaint to the Information Commissioner’s Office:

  • Report a concern online
  • Call 0303 123 1113
  • Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Contact us

If you have any questions, concerns or would like more information about information contained within this privacy notice, please contact the following persons:

Data Protection Officer- Jane Nutt, Director of Operations (Email Jane Nutt)

Associated documents

Data protection Policy

Data retention and deletion policy

Access to this document

This document is stored on the InFocus website.

Please contact us if you would like a copy of this document in an alternative format such as Braille or large print.

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