Under data protection/General Data Protection Regulation (GDPR) law SHIFT Media Ltd has certain obligations as a data controller of personal information. This document is intended to make clear what information we hold, the purpose for us holding that information and our obligations in relation to it, and also make you aware of your rights as data subjects.
Please do not hesitate to contact us on firstname.lastname@example.org should have any questions in relation to the information below.
The categories of learner information that we collect, hold and share include:
- Personal information (such as name, unique learner number and address)
- Characteristics (such as ethnicity, language and nationality)
- Attendance information (such as sessions attended, number of absences and absence reasons including any exclusions)
- Assessment information (such as periodic teacher judgements on progress etc. and also examination results)
- Medical information (any relevant medical conditions or treatments)
- Behaviour (record of behaviour events associated with a child in line with our Learning Policy)
- SEN (record of any Special Education Needs along with associated observations, strategies and learning plans)
- Use of internet and ICT resources to ensure safe and appropriate use of resources.
- Financial information for learner bursaries (such as bank details and parental income)
- CCTV footage is collected for the security of all users of SHIFT Media Ltd premises (This information is not shared outside of SHIFT Media Ltd and is stored on a local secure server)
Why we collect and use this information
We use the learner data:
- to support learning
- to monitor and report on learner progress
- to provide appropriate pastoral care
- to assess the quality of our services
- to comply with the law regarding data sharing
- to safeguard learners
- to pay learner bursaries
- to ensure security of our premises and service users
The lawful basis on which we use this information
We collect and use student information to meet legal requirements and legitimate interests set out in the Education Act 1996 and Regulation 5 of the Education Regulations 2013. To conform with GDPR, any information SHIFT Media Ltd processes fulfils one of the following requirements from Article 6 of the GDPR:
- 1(b) processing is necessary for the performance of a contract to which the data
- subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- 1(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
- 1(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- 1(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Where we process special categories of personal data we do so under obligations covered in Article 9 of GDPR:
- 2(g) the processing is necessary for reasons of substantial public interest.
Where the above do not apply SHIFT Media Ltd will seek consent for specific purposes in line with the following Article 6.1.a.
- 1(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
This will be done in writing and will clearly define any other uses of personal information and ask for consent for each and every use.
Collecting student information
Whilst the majority of student information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the GDPR, we will inform you whether you are required to provide certain student information to us or if you can opt out of providing information.
Storing learner data
Where information forms part of a student’s statutory education record, The Education Regulations 2005 SI 2005 No. 1437, SHIFT Media Ltd will retain the information for 25 years from the child’s date of birth. Other information will be retained only where it is required to perform our legal obligations or where it is retained to safeguard and promote the welfare of children.
CCTV footage is stored on a local secure server on an 8 week cycle.
Who we share learner information with
We routinely share learner information with:
- Schools/other educational establishments that the student’s attend after leaving SHIFT Media Ltd
- our local authority
- the Department for Education (DfE)
- the Education and Skills Funding Agency (ESFA)
Why we share learner information
We do not share information about our learners with anyone without consent unless the law and our policies allow us to do so.
We share learners’ data with the Department for Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.
We are required to pass information about our learners to the Department for Education (DfE) under regulation 4 of The Education (Information about Individual Learners) (England) Regulations 2013.
Data collection requirements:
To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to https://www.gov.uk/education/data-collection-and-censuses-for-schools .
Youth support services
Learners aged 16+
We will also share certain information about learners aged 16+ with our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.
This enables them to provide services as follows:
- post-16 education and training providers
- youth support services
- careers advisers
For more information about services for young people, please visit our local authority website.
The National Learner Database (NPD)
The NPD is owned and managed by the Department for Education and contains information about learners 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 learners to the DfE as part of statutory data collections such as the school census and early years’ census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information about Individual Learners) (England) Regulations 2013.
To find out more about the NPD, go to https://www.gov.uk/government/publications/national-learner-database-user-guide-and-supporting-information .
The department may share information about our learners from the NPD with third parties who promote the education or well-being of children in England by:
- conducting research or analysis
- producing statistics
- 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 a 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 learner information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.
For more information about the department’s data sharing process, please visit: https://www.gov.uk/data-protection-how-we-collect-and-share-research-data
For information about which organisations the department has provided learner information, (and for which project), please visit the following website: https://www.gov.uk/government/publications/national-learner-database-requests-received
To contact DfE: https://www.gov.uk/contact-dfe
Requesting access to your personal data
Under data protection legislation, parents and learners 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 email@example.com
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; and
- claim compensation for damages caused by a breach of the Data Protection regulations
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern 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 discuss anything in this privacy notice, please contact: firstname.lastname@example.org