Brighton Hill Community School

7. Data Protection & Privacy Notice

Information & Policies

Published on - 20-08-2018


1. Aims
2. Legislation and guidance 
3. Definitions 
4. The data controller 
5. Roles and responsibilities 
6. Data protection principles 
7. Collecting personal data
8. Sharing personal data
9. Subject access requests and other rights of individuals
10. Biometric recognition systems
11. CCTV
12. Photographs and videos
13. Data protection by design and default
14. Data security and storage of records
15. Disposal of records
16. Personal data breaches
17. Training
18. Monitoring arrangements
Appendix 1: Personal data breach procedure

1. Aims 

Our school aims to ensure that all personal data collected about staff, students, parents, governors, visitors and other individuals is collected, stored and processed in accordance with the General Data Protection Regulation (GDPR) and the expected provisions of the Data Protection Act 2018 (DPA 2018) as set out in the Data Protection Bill.  

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

2. Legislation and guidance 

This policy meets the requirements of the GDPR and the expected provisions of the DPA 2018. It is based on guidance published by the Information Commissioner’s Office (ICO) on the GDPR and the ICO’s code of practice for subject access requests. 

It meets the requirements of the Protection of Freedoms Act 2012 when referring to our use of biometric data. 

It also reflects the ICO’s code of practice for the use of surveillance cameras and personal information. 

In addition, this policy complies with our funding agreement and articles of association. 

3. Definitions 

Personal data
Any information relating to an identified, or identifiable, individual. 

This may include the individual’s:  

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: 


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. 

4. The data controller 

Our school processes personal data relating to parents, students, staff, governors, visitors and others, and therefore is a data controller. 

The school is registered as a data controller with the ICO and will renew this registration annually or as otherwise legally required. 

5. Roles and responsibilities 

This policy applies to Members, Governors and 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 our 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 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 school data protection issues.  

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

Full details of the DPO’s responsibilities are set out in their job description. 

Our DPO is contactable via 

5.4 All staff, governors and regular visitors  
are responsible for: 

6. Data protection principles 

The GDPR is based on data protection principles that our school must comply with.  

The principles say that personal data must be: 

7. Collecting personal data 

7.1 Lawfulness, fairness and transparency  

Data Protection Legislation is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. For personal data to be processed fairly, data subjects must be made aware: 

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 which are set out in the GDPR and Data Protection Act 2018. 

Whenever we first collect personal data directly from individuals, we will provide them with the relevant information required by data protection law. 

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. 

 Personal data is deleted or anonymised in accordance with the school’s Record Retention Schedule which can be found on the school’s website. 

8. Sharing personal data 

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

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

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 students or staff. 

Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law. 

9. Subject access requests and other rights of individuals 

9.1 Subject access requests 

Individuals have a right to make a ‘subject access request’ to gain access to personal information that the school holds about them. This includes: 

Subject access requests must be submitted in writing, either by letter or email to the DPO. They should include: 

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 a subject access request, or have given their consent. 

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 students at our school may not be granted without the express permission of the student. This is not a rule and a student’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:  

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 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. 

10. Biometric recognition systems 

Where we use students’ biometric data as part of an automated biometric recognition system (for example, students use fingerprints to receive food from the canteen instead of paying with cash and for book loans from the school library), we will comply with the requirements of the Protection of Freedoms Act 2012. 

Parents/carers will be notified before any biometric recognition system is put in place or before their child first takes part in it. The school will get written consent from at least one parent or carer before we take any biometric data from their child and first process it. 

Parents/carers and students have the right to choose not to use the school’s biometric system(s). We will provide alternative means of accessing the relevant services for those students. For example, students can give their name only to canteen staff as long as their account has been topped up with cash then used to pay for food at the canteen. 

Parents/carers and students can object to participation in the school’s biometric recognition system(s), or withdraw consent, at any time, and we will make sure that any relevant data already captured is deleted. 

As required by law, if a student refuses to participate in, or continue to participate in, the processing of their biometric data, we will not process that data irrespective of any consent given by the student’s parent(s)/carer(s). 

Where staff members or other adults use the school’s biometric system(s), we will also obtain their consent before they first take part in it, and provide alternative means of accessing the relevant service if they object. Staff and other adults can also withdraw consent at any time, and the school will delete any relevant data already captured. 

11. CCTV 

We use CCTV in various locations around the school site to ensure it remains safe. We will adhere to the ICO’s code of practice for the use of CCTV.  

We do not need to ask individuals’ permission to use CCTV, but we make it clear where individuals are being recorded. Security cameras are clearly visible and accompanied by prominent signs explaining that CCTV is in use. 

Any enquiries about the CCTV system should be directed to Data Protection Officer 

12. Photographs and videos 

As part of our school activities, we may take photographs and record images of students and individuals both in school and on school trips. We use these in the school’s prospectus or other printed publications, on the school’s website, on display boards around school and in educational presentations. 

Photographs in the school environment which are part of normal school life fall under ‘public task’ purposes and do not require consent. We will obtain written consent from adults and parents/carers of students to take photographs or video images for the specific purposes below: 

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. 

For any other uses outside of the school environment, we will obtain written consent.  

Consent can be refused or withdrawn at any time. If consent is withdrawn for images on electronic media that the school controls, we will delete images specified by that individual and not distribute it further. 

13. Data protection by design and default 

We will put measures in place to show that we have integrated data protection into all of our data processing activities, including: 

14. Data security and storage of records 

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: 

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, we will shred paper-based records, and overwrite or delete electronic files. We may also use a third party to safely dispose of records on the school’s behalf. If we do so, we will require the third party to provide sufficient guarantees that it complies with data protection law.  

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, we will follow the procedure set out in appendix 1. 

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

17. Training 

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 school’s processes make it necessary.  

18. Monitoring arrangements 

The DPO is responsible for monitoring and reviewing this policy. 

This policy will be reviewed and updated if necessary when the Data Protection Bill receives royal assent and becomes law (as the Data Protection Act 2018) – if any changes are made to the bill that affect our school’s practice. Otherwise, or from then on, this policy will be reviewed every 2 years and shared with the full governing body. 

Appendix 1: Personal data breach procedure 

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

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

The DPO and headteacher will meet to review what happened and how it can be stopped from happening again. This meeting will happen as soon as reasonably possible  

Actions to minimise the 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 particularly risky or sensitive information. We will review the effectiveness of these actions and amend them as necessary after any data breach. 

Set out the relevant actions you will take for different types of risky or sensitive personal data processed by your school. For example: 

Sensitive information being disclosed via email (including safeguarding records) 

Other types of breach that you might want to consider could include: 

Approved by: Full Governing Body  20 June 2018

Last Reviewed by: Link Governor & Data Protection Officer 20 June 2018

Next review due by: May 2020  

Please see the attached linked documents for the current privacy notices

pdf document Privacy Notice: Children in Need and Looked After Children

pdf document Privacy Notice: Governors and Volunteers

pdf document Privacy Notice: Job Applicants

pdf document Privacy Notice: Parents Carers of Students On Roll

pdf document Privacy Notice: Staff

pdf document Privacy Notice: Students-On-Roll