Data Protection Act 1998: How We Use Pupil Information
Berlesduna Academy Trust (BAT) is a Data Controller utilising data under the Data Protection Act. This Academy collates information pertaining to students and staff and may receive information regarding students and staff from previous schools, the Department for Education (DfE), local authorities and the Learning Records Service. Information we hold and may share within our Academy are:
The categories of pupil information that we collect, hold and share include
Person’s Name, Unique pupil number (ULN) and person’s address.
Characteristics: Ethnicity, language, nationality, country of birth and free school meal eligibility.
Attendance information: sessions attended, number of absences and absence reasons.
Berlesduna Academy Trust may also collect/hold and/or share assessment information, relevant medical information, special educational needs information and if necessary exclusions/behavioural information.
Why we collect and use this information
We use the pupil data:
• To support pupil learning
• To monitor and report on pupil progress
• To provide appropriate pastoral care
• To assess the quality of our services
• To comply with the law regarding data sharing
The lawful basis on which we use this information
We make sure that information we collect and use about pupils is in line with the GDPR and Data Protection Act. This means that we must have a lawful reason to collect the data, and that if we share that with another organisation or individual we must have a legal basis to do so.
The lawful basis for schools to collect information comes from a variety of sources, such as the Education Act 1996, Regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013, Article 6 and Article 9 of the GDPR.
The Department for Education and Local Authorities require us to collect certain information and report back to them. This is called a ‘public task’ and is recognised in law as it is necessary to provide the information. We also have obligations to collect data about children who are at risk of suffering harm, and to share that with other agencies who have a responsibility to safeguard children, such as the police and social care.
We also share information about pupils who may need or have an Education Health and Care Plan (or Statement of Special Educational Needs). Medical teams have access to some information about pupils, either by agreement or because the law says we must share that information, for example school nurses may visit the school. Counselling services, careers services, occupational therapists are the type of people we will share information, so long as we have consent or are required by law to do so.
In school we also use various third party tools to make sure that pupils best interests are advanced. This includes financial software to manage school budgets, which may include some pupil data. We may use systems to take electronic payments for school meals and other payments. We use software to track progress and attainment. We must keep up to date information about parents and carers for emergency contacts.We also use contact information to keep pupils, parents and carers up to date about school events.
Collecting Pupil Information
Whilst the majority of pupil information you provide to us in mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain pupil information to us or if you have a choice in this.
Storing pupil data
We hold data according to our Document Retention Policy.
Who we share pupil information with
We routinely share pupil information with:
Schools that the pupil attend after leaving us
Our local authority
The Department for Education (DfE)
Why we share pupil information
We do not share information about our pupils with anyone without consent unless the law and our policies allow us to do so.
We share pupil data with the Department of Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.
We are required to share information about our pupils with the DfE under regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013
Data collection requirements
To find out more about the data collection requirements placed on us by the DfE (e.g. school census) go to http://www.gov.uk/education/data-collection-and-censuses-for-schools
The National Pupil Database (NPD)
The NPD is owned and managed by DfE and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.
We are required by law, to provide information about our pupils to the DfE as part of statutory data collections such as the school censes and early years’ censes. Some of this information is then stored by the NPD. The law that allows this is the Education (Information about Individual Pupils) (England) Regulation 2013.
To find out more about the NPD, go to http://www.gov.uk/government/national-pupil-database-user-guide-and-supporting-information
The department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:
Conducting research or analysis
Providing information, advice or guidance
The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to strict approval process and based on a detailed assessment of:
Who is requesting the data
The purpose for which it is required
The level and sensitivity of data requested: and
The arrangements in place to store and handle the data
To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of data, security arrangements and retention and use of the data.
For more information about the department’s data sharing process, please visit:
For more information about which organisations the department has provided pupil information, (and for which project) please visit the following website:
To contact DfE:
Requesting access to your personal data
Under data protection legislation, parents and pupils have the right to request access to information about them that we hold. To make a request for your personal information, or be given access to your child’s educational record, contact Lisa Perry on firstname.lastname@example.org who is the Data Protection Officer for Berlesduna Academy Trust.
You also have the right to:
Object to processing of personal data that is likely to cause, or is causing, damage or distress
Prevent processing for the purpose of direct marketing
Object to decisions being taken by automated means
In certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed;
Claim compensation for damages caused by a breach of the Data Protection regulations
If you have concerns about the way we are collecting or using your personal data, we request that you raise your concerns with us in the first instance. Alternatively, you can contact the information Commissioner’s Office at https://ico.org.uk/concerns/
- If you would like to view additional information on the Trust's Policies for GDPR please click here
If you would like to discuss anything in this privacy notice please contact the Data Protection Officer for Berlesduna Academy Trust on telephone 01268 464759, in writing to Berlesduna Academy Trust, School House, Church Road, Basildon SS14 2EX, or via e-mail email@example.com.