Data Protection Policy and Privacy Notice
Applicable to all members of the school community (past and present)
WHO WE ARE
SV Academy, 6 Eltham High Street, SE9 1DA is the data controller under Data Protection Law.
WHAT THIS PRIVACY NOTICE IS FOR
This policy is intended to provide information about how the school will use (or “process”) personal data about individuals including: staff; current, past and prospective all students and their parents/carers (referred to in this policy as “parents”).
This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, parents and all students are encouraged to read this Privacy Notice and understand the school’s obligations to its entire community.
This Privacy Notice applies alongside any other information the school may provide about a particular use of personal data, e.g. when collecting data via an online or paper form.
This Privacy Notice also applies in addition to the school’s other relevant terms and conditions and policies, including:
- any contract between the school and its staff or the parents of pupils;
- the school’s policy on taking, storing and using images of children;
- the school’s CCTV policy;
- the school’s retention of records policy;
- the school’s safeguarding, pastoral, or health & safety policies, including as to how concerns or incidents are recorded; and
- the school’s IT policies, including its Acceptable Use policy and eSafety policy.
Anyone who works for, or acts on behalf of, the school (including staff, volunteers and service providers) should also be aware of and comply with this Privacy Notice, which also provides further information about how personal data about those individuals will be used.
RESPONSIBILITY FOR DATA PROTECTION
The school has appointed the Safeguarding Officer as Compliance Officer (Data) who will deal with all your requests and enquiries concerning the school’s uses of your personal data (see section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law. The Officer can be contacted at the school address above.
WHY THE SCHOOL NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to staff, pupils and parents, the school needs to process a wide range of personal data about individuals (including current, past and prospective staff, pupils or parents) as part of its daily operation.
Some of this activity the school will need to carry out in order to fulfil its legal rights, duties or obligations — including those under a contract with its staff, or parents of its pupils.
Other uses of personal data will be made in accordance with the school’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals, and provided it does not involve special or sensitive types of data.
The school expects that the following uses will fall within that category of its (or its community’s) “legitimate interests”:
- For the purposes of pupil registration (and to confirm the identity of prospective pupils and their parents);
- To provide education services, including musical education, physical training or pastoral care, and extra-curricular activities to pupils, and monitoring pupils’ progress and educational needs;
- Maintaining relationships with alumni and the school community, including direct marketing or fundraising activity;
- For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as tax, diversity or gender pay gap analysis);
- To enable relevant authorities to monitor the school’s performance and to intervene or assist with incidents as appropriate;
- To give and receive information and references about past, current and prospective pupils, to/from any educational institution that the pupil attended or where it is proposed they attend; and to provide references to potential employers of past students.
- To enable pupils to take part in national or other assessments, and to publish the results of public examinations or other achievements of pupils of the school;
- To safeguard pupils’ welfare and provide appropriate pastoral care;
- To monitor (as appropriate) use of the school’s IT and communications systems in accordance with the school’s IT acceptable use policy;
- To make use of photographic images of pupils in school publications, on the school website and (where appropriate) on the school’s social media channels in accordance with the school’s policy on taking, storing and using images of children;
- For security purposes, including CCTV in accordance with the school’s CCTV policy;
- To carry out or cooperate with any school or external complaints, disciplinary or investigation process; and
- Where otherwise reasonably necessary for the school’s purposes, including to obtain appropriate professional advice and insurance for the school.
In addition, the school will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexuality) or criminal records information (such as when carrying out DBS checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:
- To safeguard pupils’ welfare and provide appropriate pastoral (and where necessary, medical) care, and to take appropriate action in the event of an emergency, incident or accident, including by disclosing details of an individual’s medical condition or other relevant information where it is in the individual’s interests to do so: for example for medical advice, for social protection, safeguarding, and cooperation with police or social services, for insurance purposes or to caterers or organisers of school trips who need to be made aware of dietary or medical needs;
- To provide educational services in the context of any special educational needs of a pupil;
- In connection with employment of its staff, for example DBS checks, welfare, personal conduct or pension plans;
- As part of any school or external complaints, disciplinary or investigation process that involves such data, for example if there are SEN, health or safeguarding elements; or
- For legal and regulatory purposes (for example child protection, diversity monitoring and health and safety) and to comply with its legal obligations and duties of care.
TYPES OF PERSONAL DATA PROCESSED BY THE SCHOOL
This will include by way of example:
- names, addresses, telephone numbers, e-mail addresses and other contact details;
- socio-economic and other financial information, e.g. about parents who receive pupil premium or may be eligible to do so;
- past, present and prospective pupils’ academic, disciplinary, admissions and attendance records (including information about any special needs), and examination scripts and marks;
- personnel files, including in connection with academics, employment or safeguarding;
- where appropriate, information about individuals’ health and welfare, and contact details for their next of kin;
- references given or received by the school about pupils, and relevant information provided by previous educational establishments and/or other professionals or organisations working with pupils;
- correspondence with and concerning staff, pupils and parents past and present; and
- images of pupils (and occasionally other individuals) engaging in school activities, and images captured by the school’s CCTV system (in accordance with the school’s policy on taking, storing and using images of children).
HOW THE SCHOOL COLLECTS DATA
However, in some cases personal data will be supplied by third parties (for example another school, or other professionals or authorities working with that individual); or collected from publicly available resources.
Generally, the school receives personal data from the individual directly (including, in the case of pupils, from their parents). This may be via a form, or simply in the ordinary course of interaction or communication (such as email or written assessments).
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE SCHOOL SHARES IT WITH
Occasionally, the school will need to share personal information relating to its community with third parties, such as:
- professional advisers (e.g. lawyers, insurers, PR advisers and accountants);
- government authorities (e.g. HMRC, DfE, police or the local authority); and
- appropriate regulatory bodies (e.g. Ofsted or the Information Commissioner).
For the most part, personal data collected by the school will remain within the school, and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of:
- medical records; and
- pastoral or safeguarding files.
However, a certain amount of any SEN pupil’s relevant information will need to be provided to staff more widely in the context of providing the necessary care and education that the pupil requires.
Staff, students and parents are reminded that the school is under duties imposed by law and statutory guidance (including Keeping Children Safe in Education) to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities such as the LADO or police. For further information about this, please view the school’s Safeguarding Policy.
Low-level concerns that do not necessarily meet a statutory threshold are recorded on the School Information Management System (SIMS), a secure online system for monitoring of child protection, safeguarding and wider student pastoral welfare in schools.
Finally, in accordance with Data Protection Law, some of the school’s processing activity may be carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the school’s specific directions.
HOW LONG WE KEEP PERSONAL DATA
The school will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason. Typically, the legal recommendation for how long to keep ordinary staff and pupil personnel files is up to 7 years following departure from the school. However, incident reports and safeguarding files will need to be kept much longer, in accordance with specific legal requirements.
If you have any specific queries about how our retention policy is applied, or wish to request that personal data that you no longer believe to be relevant is considered for erasure, please contact the Compliance Officer at the school address. However, please bear in mind that the school will often have lawful and necessary reasons to retain some personal data even following such request.
A limited and reasonable amount of information will be kept for archiving purposes, for example; and even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact in order to fulfil your wishes (called a “suppression record”).
KEEPING IN TOUCH AND SUPPORTING THE SCHOOL
The school will use the contact details of parents, alumni and other members of the school community to keep them updated about the activities of the school, or alumni and parent events of interest, including by sending updates and newsletters, by email and by post. Unless the relevant individual objects, the school will also:
- Share personal data about parents and/or alumni, as appropriate, with organisations set up to help establish and maintain relationships with the school community, such as the Alumni and Social Committee.
- Contact parents and/or alumni by post and email in order to promote and raise funds for the school and, where appropriate, other worthy causes
Should you wish to limit or object to any such use, or would like further information about them, please contact the Compliance Officer in writing. You always have the right to withdraw consent where given, or otherwise object to direct marketing or fundraising.
However, the school is nonetheless likely to retain some of your details (not least to ensure that no more communications are sent to that particular address email or telephone number).
Rights of access, etc.
Individuals have various rights under Data Protection Law to access and understand personal data about them held by the school, and in some cases, ask for it to be erased or amended or have it transferred to others, or for the school to stop processing it — but subject to certain exemptions and limitations.
Any individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the compliance officer.
The school will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits (which is one month in the case of requests for access to information).
The school will be better able to respond quickly to smaller, targeted requests for information. If the request for information is manifestly excessive or similar to previous requests, the school may ask you to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).
Requests that cannot be fulfilled
You should be aware that the right of access is limited to your own personal data, and certain data is exempt from the right of access. This will include information which identifies other individuals (and parents need to be aware this may include their own children, in certain limited situations – please see further below), or information which is subject to legal privilege (for example legal advice given to or sought by the school, or documents prepared in connection with a legal action).
The school is also not required to disclose any pupil examination scripts (or other information consisting solely of pupil test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by the school itself for the purposes of the education, training or employment of any individual. You may have heard of the “right to be forgotten”. However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your (or your child’s) personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this Privacy Notice. All such requests will be considered on their own merits.
Pupils can make subject access requests for their own personal data, provided that, in the reasonable opinion of the school, they have sufficient maturity to understand the request they are making (see section Whose Rights? below). A pupil of any age may ask a parent or other representative to make a subject access request on his/her behalf.
Indeed, while a person with parental responsibility will generally be entitled to make a subject access request on behalf of younger pupils, the law still considers the information in question to be the child’s: for older pupils, the parent making the request may need to evidence their child’s authority for the specific request.
The rules on subject access are not the sole basis on which information requests are handled. Parents may not have a statutory right to information, but they and others will often have a legitimate interest or expectation in receiving certain information about pupils without their consent. The school may consider there are lawful grounds for sharing with or without reference to that pupil.
Parents will in general receive educational and pastoral updates about their children. Where parents are separated, the school will in most cases aim to provide the same information to each person with parental responsibility, but may need to factor in all the circumstances including the express wishes of the child. All information requests from, on behalf of, or concerning pupils — whether made under subject access or simply as an incidental request — will therefore be considered on a case by case basis.
Where the school is relying on consent as a means to process personal data, any person may withdraw this consent at any time (subject to similar age considerations as above). Examples where we do rely on consent are certain types of uses of images. Please be aware however that the school may have a lawful reason to process the personal data in question even without your consent, for example, to meet statutory duties or for safeguarding.
That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under some form of contract or agreement with the individual (e.g. an employment or parent contract, or because a purchase of goods, services or membership of an organisation such as an alumni or parents’ association has been requested).
The rights under Data Protection Law belong to the individual to whom the data relates. However, the school will often rely on parental authority or notice for the necessary ways it processes personal data relating to pupils — for example, under the parent contract, or via a form. Parents and pupils should be aware that this is not necessarily the same as the school relying on strict consent (see section on Consent above).
Where consent is required, it may in some cases be necessary or appropriate — given the nature of the data collected, and the pupil’s age and understanding — to seek the pupil’s consent. Parents should be aware that in such situations they may not be consulted, depending on the interests of the child, the parents’ rights at law and any other circumstances.
In general, the school will assume that pupils’ consent is not required for ordinary disclosure of their personal data to their parents, e.g. for the purposes of keeping parents informed about the pupil’s activities, progress and behaviour, and in the interests of the pupil’s welfare. That is unless, in the school’s opinion, there is a good reason to do otherwise.
However, where a pupil seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, the school may be under an obligation to maintain confidentiality unless, in the school’s opinion, there is a good reason to do otherwise; for example, where the school believes disclosure will be in the best interests of the pupil or other pupils, or if required by law.
Students are required to respect the personal data and privacy of others, and to comply with the school’s IT Acceptable Use and Cyberbullying policy and the school rules. Staff are under professional duties to do the same covered under the relevant staff policy.
DATA ACCURACY AND SECURITY
The school will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals must notify the School Office of any significant changes to important information, such as contact details, held about them.
An individual has the right to request that any out-of-date, irrelevant or inaccurate information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): (please see above the Data Protection Privacy Notice) for details of why the school may need to process your data, or whom you may contact if you disagree.
The school will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to school systems. All staff and Trustees will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
The school will update this Privacy Notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.
QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to the Compliance officer via the School Office.
If an individual believes that the school has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should utilise the school complaints grievance procedure and should also notify the Compliance officer. You can also make a referral to or lodge a complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that steps are taken to resolve the matter with the school before involving the regulator.
Taking, Storing and Using Images of Student policy
This Policy is intended to provide information to students and their parents, carers or guardians (referred to in this policy as “parents”) about how images of students are normally used by SV Academy (“the school”). It also covers the school’s approach to the use of cameras and filming equipment at school events and on school premises by parents and students themselves, and the media.
It applies in addition to the school’s terms and conditions / parent contract, and any other information the school may provide about a particular use of pupil images, including e.g. signage about the use of CCTV; and more general information about use of students’ personal data, e.g. the school’s Data Protection Privacy Notice. Images of students in a safeguarding context are dealt with under the school’s relevant safeguarding policies.
General points to be aware of
Certain uses of images are necessary for the ordinary running of the school; other uses are in the legitimate interests of the school and its community and unlikely to cause any negative impact on children. The school is entitled lawfully to process such images and take decisions about how to use them, subject to any reasonable objections raised.
Parents who accept a place for their child at the school are invited to indicate agreement to the school using images of him/her as set out in this policy, by signing a copy of the policy below or from time to time if a particular use of the student’s image is requested. However, parents should be aware of the fact that certain uses of their child’s images may be necessary or unavoidable (for example if they are included incidentally in CCTV or a photograph).
We hope parents will feel able to support the school in using student’s images to celebrate the achievements of students, sporting and academic; to promote the work of the school; and for important administrative purposes such as identification and security.
Any parent who wishes to limit the use of images of a pupil for whom they are responsible should contact the School Office for a Parental Consent Form for Use of Images of Students by the School. The School will respect the wishes of parents/carers (and indeed pupils themselves) wherever reasonably possible, and in accordance with this policy.
Parents should be aware that, from around the age of 12 and upwards, the law recognises students’ own rights to have a say in how their personal information is used — including images.
Use of Student Images in School Publications
Unless the relevant students or his or her parent has requested otherwise, the school will use images of its students to keep the school community updated on the activities of the school, and for marketing and promotional purposes, including:
on internal displays (including clips of moving images) on digital and conventional notice boards within the school premises;
in communications with the school community (parents, pupils, staff and alumni) including by email, on the school intranet and by post;
on the school’s website and, where appropriate, via the school’s social media channels, e.g. Twitter, Instagram and Facebook. Such images would not normally be accompanied by the student’s full name without permission; and
in the school’s prospectus, and in online, press and other external advertisements for the school. Such external advertising would not normally include student’s names and in some circumstances the school will seek the parent or pupil’s specific consent, depending on the nature of the image or the use.
The source of these images will predominantly be the school’s staff (who are subject to policies and rules in how and when to take such images), or a professional photographer used for marketing and promotional purposes, or occasionally pupils. The school will only use images of pupils in suitable dress [and the images will be stored securely and centrally].
Use of Student Images for Identification and Security
All pupils are photographed on entering the school (or a photograph provided by their parents is used) and, thereafter, at yearly intervals, for sale to their parents and for the purposes of internal identification. These photographs identify the students by name, year group and class.
CCTV is in use on school premises, and will sometimes capture images of students. images captured on the school’s CCTV system are used in accordance with the Privacy Notice and CCTV Policy.
Use of Student Images in the Media
Where practicably possible, the school will always notify parents in advance when the media is expected to attend an event or school activity in which school students are participating, and will make every reasonable effort to ensure that any students whose parent or carer has refused permission for images of that students, or themselves, to be made in these circumstances are not photographed or filmed by the media, nor such images provided for media purposes.
The media often asks for the names of the relevant students to go alongside the images, and these will be provided where parents have been informed about the media’s visit and parents have consented as appropriate.
Security of Student Images
Professional photographers and the media are accompanied at all times by a member of staff when on school premises.
The school takes appropriate technical and organisational security measures to ensure that images of students held by the school are kept securely on school systems, and protected from loss or misuse. The school will take reasonable steps to ensure that members of staff only have access to images of studentsheld by the school where it is necessary for them to do so.
All staff are given guidance on the school’s Policy on Taking, Storing and Using Images of Students, and on the importance of ensuring that images of students are made and used responsibly, only for school purposes, and in accordance with school policies and the law. Photographs of students taken by staff will only be taken and stored using school devices. Personal devices (including mobile phones) will not be used by staff to photograph pupils at any time.
Use of Cameras and Filming Equipment (including mobile phones) by Parents
Parents, guardians or close family members (hereafter, parents) are welcome to take photographs of (and where appropriate, film) their own children taking part in school events, subject to the following guidelines, which the school expects all parents to follow:
When an event is held indoors, such as a play or a concert, and permission is given by the school for parents to take photographs or video footage, parents should be mindful of the need to use their cameras and filming devices with consideration and courtesy for performers on stage and the comfort of others. Flash photography can disturb others in the audience, or even cause distress for those with medical conditions; the school therefore asks that it is not used at indoor events.
Parents are asked not to take photographs of other pupils, except incidentally as part of a group shot, without the prior agreement of that pupil’s parents.
Parents are reminded that such images are for personal use only. Images which may, expressly or not, identify other pupils should not be made accessible to others via the internet (for example on Facebook), or published in any other way.
Parents are reminded that copyright issues may prevent the school from permitting the filming or recording of some plays and concerts. The school will always print a reminder in the programme of events where issues of copyright apply.
Parents may not film or take photographs in changing rooms or backstage during school productions, nor in any other circumstances in which photography or filming may embarrass or upset students.
The school reserves the right to refuse or withdraw permission to film or take photographs (at a specific event or more generally), from any parent who does not follow these guidelines, or is otherwise reasonably felt to be making inappropriate images.
Use of Cameras and Filming Equipment by Students
All students are encouraged to look after each other, and to report any concerns about the misuse of technology, or any worrying issues to a member of staff.
The use of cameras or filming equipment (including on mobile phones) is not allowed in toilets, washing or changing areas, nor should photography or filming equipment be used by students in a manner that may offend or cause upset.
The misuse of images, cameras or filming equipment in a way that breaches this Policy, or the school’s Anti-Bullying Policy, Data Protection Privacy Notice, eSafety Policy, IT Acceptable Use Policy for Students, Safeguarding Policy or the School Rules is always taken seriously, and may be the subject of disciplinary procedures or dealt with under the relevant safeguarding policy as appropriate.
Although pupils normally receive their medical care from their family GP practice, the school holds medical information provided by parents on their children in order to ensure that it can provide appropriately for their needs, or look after them if they are injured or have an accident.
The school always has a qualified First Alder on site when students are present which will be an Emergency First Aid at Work qualification.
MEDICAL EXAMINATION AND IMMUNISATIONS
Parents’ consent will be sought from time to time for their child receiving, at School, routine immunisations recommended by the Department of Health for all children of their age. The confidentiality and rights of students as patients are appropriately respected by the school.
A confidential medical record on each student is kept securely in the in the School Office. The medical record contains the information provided by parents, together with the medical questionnaire that the parents completed when their child joined the school. Details are also kept of any treatment and immunisations that a pupil receives during their time at the school, including records of all accidents and injuries.
All confidential medical/health data is also computerised and records are kept securely with access strictly restricted to certain staff only. A list is provided of the names of current students with medical conditions that may be of relevance to designated staff in their dealings with students in the classroom or, for example, when arranging trips and visits.
IF A CHILD BECOMES ILL
The school will always contact parents if their child suffers anything more than a minor injury, or if they become unwell during school day, or if the school has any worries or concerns about their health. The school may ask parents to collect their child if they become ill during the school day.
EMERGENCY MEDICAL TREATMENT
In accepting a place at the school, parents authorise the Head teacher, or an authorised Deputy acting on their behalf, to consent to the advice of an appropriately qualified medical specialist to their child receiving emergency medical treatment, including general anaesthetic and surgical procedure under the NHS if the school is unable to contact the parents in time.
All parents will be required to countersign the record of medicines given during the school day.
- This policy was last updated on March 2023