WHO WE ARE
For the purposes of Data protection legislation, the ‘Data Controller’ is King’s School Macclesfield, SK10 4SP. Our data protection registration number is Z8495365.
This Privacy Notice is applicable to all the activities of the following organisations and associated bodies:
The King’s School in Macclesfield, SK10 4SP
Registered Charity Number 1137204
WHAT THIS POLICY IS FOR
This policy is intended to provide information about how the School will process personal data about individuals including: its staff; its current, past and prospective pupils; and their parents, carers or guardians (referred to in this policy as "parents").
This information is provided in accordance with the rights of individuals under Data Protection Law to understand how their data is used. Staff, parents and pupils are all 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, for example 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 data policies, including taking, storing and using images of children;
- the School’s policy on CCTV;
- the School’s Data Protection policy;
- the School’s Anti Bullying policy;
- the School's Child Protection and Safeguarding polices and health and safety policies, including how concerns or incidents are recorded; and
- the School's IT policies, including its pupil and non-pupil Acceptable Use, E-Safety, Mobile Phone and Bring Your Own Device policies.
Anyone who works for, or acts on behalf of, the School (including staff, volunteers, governors and service providers) should 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 and associated bodies have appointed the Director of Finance as the Data Protection Officer 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 Director of Finance
The King’s School in Macclesfield
WHY THE SCHOOL NEEDS TO PROCESS PERSONAL DATA
To carry out its ordinary duties to staff, pupils and parents, the School may 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, if 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 may fall within that category of its (or its community’s) “legitimate interests”:
- For the purposes of pupil selection, to confirm the identity of prospective pupils and their parents, and retain a record if appropriate for the purposes of future applications or openings;
- To provide education services, including musical education, physical training or spiritual development, career services, and extra-curricular activities to pupils, and monitoring pupils' progress and educational needs;
- 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;
- 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;
- To carry out or cooperate with any school or external complaints, disciplinary or investigation process;
- For security purposes, including CCTV;
- 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 and current pupils, including relating to outstanding fees or payment history, 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 pupils;
- Maintaining relationships with alumni and the school community, including direct marketing or fundraising activity;
- For the purposes of donor due diligence, and to confirm the identity of prospective donors and their background and relevant interests;
- 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 sexual life) 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, union membership or pension plans;
- To run any of its systems that operate on biometric data, such as for security and other forms of pupil identification (lockers, lunch etc);
- As part of any school or external complaints, disciplinary or investigation process that involves such data, for example if there are SEND, 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;
• car details (about those who use our car parking facilities);
• bank details and other financial information, e.g. about parents (or others) who pay fees to the school, and any anti money laundering information we are required to collect by law;
• 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
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).
However, in some cases personal data will be supplied by third parties (for example another school, other professionals or authorities working with that individual or specialist agencies); or collected from publicly available resources.
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE SCHOOL SHARES IT WITH
Processing by third parties:
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). However, some functions are outsourced including cloud data storage, email monitoring, mailings and web filtering. In accordance with Data Protection Law, this type of external data processing is always subject to contractual assurances that personal data will be kept securely and used only in accordance with the school’s specific directions.
Occasionally, the school – including Governing Body – will need to share personal information relating to its community of staff, pupils and parents with third parties, such as:
• Friends of King’s parent body
• appropriate contractors, such as visiting music teachers;
• professional advisers (e.g. lawyers, insurers, PR advisers and accountants);
• examination boards;
• government authorities (e.g. HMRC, DfE, CAFCASS, police or a relevant local authority) and/or appropriate regulatory bodies.
Occasionally the School will need to process parent or pupil information, such as when a complaint is raised (and in accordance with the School Complaints Procedure, this may also require the involvement of independent panel members
ACCESS TO SENSITIVE DATA
Particularly strict rules of access apply in the context of “special category” data, most notably medical records and safeguarding data.
The school needs to process such information to comply with statutory duties and to keep pupils and others safe, but the school will ensure only authorised staff can access information on a need-to-know basis. This may include wider dissemination if needed for school trips or for catering purposes. Express consent will be sought where appropriate.
However, a certain amount of any SEND 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, pupils and parents are reminded that the school is under duties imposed by law and statutory guidance to record or report incidents and concerns that arise or are reported to it; in some cases regardless of whether they are proven. 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.
KCSIE also requires that, whenever a child leaves the school to join another school or college, his or her child protection file is promptly provided to the new organisation. The school will retain a copy in accordance with its retention policy for material related to safeguarding matters.
For further information about this, please see the Safeguarding Policy on the school website.
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 Director of Finance or the Head of Foundation. However, please bear in mind that the school will often have lawful and necessary reasons to hold on to 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 King’s School Former Pupils’ Association
- 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;
- Undertake in-house research and, from time to time, engage specialist agencies to gather information about parents and/or alumni from publicly available sources. This may include wealth screening tools to fast track the research and to help us maximise our fundraising potential. This research helps us to understand more about parents and/or alumni so we can focus conversations about supporting the school, fundraising and volunteering in the most effective way, and ensure that we provide an experience for potential supporters/donors which is appropriate for the individual.
- Should you wish to limit or object to any such use, or would like further information about them, please contact the Director of Finance 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
The school will be better able to respond quickly to smaller, targeted requests for information made during term time. If the request for information is considered 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).
If you consider that the personal data we hold on you is inaccurate, please let us know. However, the school will not necessarily delete or amend views, opinions, notes or records purely on the request of an individual who disputes the account, although we may keep a record of all parties’ viewpoints.
Requests by or on behalf of pupils
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. 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. Requests not considered in the child’s best interests may sometimes be refused.
Pupils in the Senior Division and the Sixth Form are generally assumed to have this level of maturity, although this will depend on both the child and the personal data requested, including any relevant circumstances at home. Older Junior pupils may however be sufficiently mature to have a say in this decision, depending on the child and the circumstances.
Requests by parents
Please note that 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 seek 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, court orders, or pastoral issues. 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.
Requests that cannot be fulfilled
You should be aware that GDPR rights (including the right of access) are limited to your own personal data, and certain data is exempt. This will include information which identifies other individuals (and parents need to be aware this may include their own children, in certain limited situations), 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 case or at the request of the police).
The school is also not required to:
- disclose any pupil examination scripts, or other information consisting solely of pupil test answers – although markers’ comments may still be made available if they constitute pupil personal data;
- provide examination or other test marks ahead of their ordinary publication date;
- nor share any confidential reference held by the school received for the purposes of the education, training, appointment or employment of any individual.
“Right to be forgotten"
The school 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 proportionate legitimate interest identified in this Privacy Notice. Generally, if the school still considers the processing of the personal data to be reasonably necessary, it is entitled to continue. All such requests will be considered on their own merits.
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). Please be aware however that the school may not be relying on consent but have another lawful reason to process the personal data in question even without your consent.
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).
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.
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 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 or information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why the school may need to process your data, of who 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.
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 Data Protection Officer using the following contact details.
Data Protection Officer
c/o Finance Department
The King’s School in Macclesfield
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 procedure and should also notify the Data Protection Officer. The individual 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.
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.
Updated: February 2021