Who we are

For the purposes of this policy St Joseph’s In The Park School (“The School”, “we”) refers to any organisation which is part of the School Community.

This notice is designed to conform to the General Data Protection Regulation (EU 2016/679) and the UK General Data Protection Act 2018. We will refer to this as Data Protection Law.

Who to contact

The Bursar, Miss Karen Tidiman, is our named individual responsible for data protection. She is part of a team of Senior Managers who oversee how we process your data. If you have a question, issue or wish to change the way we currently use your data please contact the data protection officer (DPO) in writing to St Joseph’s In The Park School, St Mary’s Lane, Hertingfordbury SG14 2LX.

How your data is used

This privacy notice is intended to provide information about how we will use (or “process”) personal data about individuals including: its current, former and prospective staff; its current, past and prospective pupils; their parents, carers or guardians (referred to in this document as “parents”); suppliers of goods and services to the School; and any volunteers.

This information is provided in accordance with the rights of individuals under Data Protection Law to understand how their data is used. All members of the School Community 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 we may provide about a particular use of personal data, for example when collecting data via an online or paper form.

This Privacy Notice applies in addition to our other relevant terms, conditions and policies. These include but are not limited to:

• 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 (where used);
• the School’s retention of records policy;
• the School’s safeguarding, pastoral, or health and safety policies, including as to how concerns or incidents are recorded; and
• the School’s IT policies, including its Acceptable Use policy, Remote Working policy and Bring Your Own Device policy.

 

Anyone who works for, or acts on behalf of, the school (including staff, volunteers, governors and service providers) should also be aware of and comply with this Privacy Notice and all relevant school policies.

Why we need to process personal data

The lawful basis for data processing as set out in data protection law include the following:

• Consent
• Contract
• Legal obligation
• Vital interest
• Public Task
• Legitimate interest

 

We will always seek to process data only when necessary. We will be targeted in and proportionate in our processing to achieve a purpose.

In order to carry out our ordinary duties to members of the school (including staff, pupils, former pupils and parents) we may process a wide range of personal data about individuals (including current, past and prospective staff, pupils or parents) as part of our daily operation.

We will need to carry out some of this activity in order to fulfil our legal rights, duties or obligations – including those under a contract with its staff, or parents of its pupils.

All six bases are equally valid for processing data but we are obliged to inform you of the basis under which we process your data.

Other uses of personal data will be made in accordance with our 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.

We expect that the following uses may fall within the category of the Schools (or its community’s) “legitimate interests”:

• For the purposes of pupil selection (and to confirm the identity of prospective pupils and their parents);
• 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;
• 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;
• For the purposes of management planning and forecasting, research and statistical analysis, including that imposed or provided for by law (such as diversity or gender pay gap analysis and taxation records);
• 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, 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;
• 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, staff and parents 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 individuals;
• To enable payments to be made where appropriate to individual service providers.
• For security purposes, including CCTV in accordance with the School’s CCTV policy; and
• Where otherwise reasonably necessary for the School’s purposes, including to obtain appropriate professional advice and insurance for the School;

 

In addition, we may 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 us by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons may 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 where it is in the individual’s interests to do so: for example for medical advice, social services, insurance purposes or to organisers of school trips;
• To provide educational services in the context of any special educational needs of a pupil;
• To provide spiritual education in the context of any religious beliefs;
• In connection with employment of its staff and volunteers, for example DBS checks, welfare or pension plans;
• To provide suitable food and drink at School or an event while being respectful of religious, cultural and or medical requirements, including allergies.
• To run any of its systems that operate on biometric data, such as for security and other forms of pupil identification (lockers, lunch etc.); or
• For legal and regulatory purposes (for example child protection, diversity monitoring and health and safety) and to comply with our legal obligations and duties of care.

 

Types of personal data we process

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 who pay fees to the School;
• past, present and prospective pupils’ academic, disciplinary, admissions, assessment and attendance records (including information about any special needs), and examination scripts and marks;
• where appropriate, information about individuals’ health, and contact details for their next of kin;
• records of gifts made and any gift aid declarations
• references given or received by the School about pupils, and information provided by previous educational establishments and/or other professionals or organisations working with pupils; and
• images of pupils, staff and parents (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);

 

Where we collect information about you from

We collect information in the following ways:

When you give it to us DIRECTLY

You may give us your information as a prospective, current or former pupil, or member of staff, or parent, or in order to receive information from the School, sign up for one of our events, make a donation, purchase our products or communicate with us. Sometimes when you support us, your information is collected by an organisation working for us (e.g. an online payment company, but we are responsible for your data at all times.

When you give it to us INDIRECTLY

Your information may be shared with us by independent organisations for example fundraising sites like Just Giving or Virgin Money Giving. These independent third parties will only do so when you have indicated that you wish to share your details with the School and with your consent. You should check their Privacy Policy when you provide your information to understand fully how they will process your data.

Information available publicly

This may include information found in places such as Companies House and information that has been published in articles/newspapers. This information is already in the public domain.

When we collect it as you use our website

Like most websites, we use “cookies” to help us make our sites – and the way you use them – better. Cookies mean that a website will remember you. They are small text files that sites transfer to your computer (or phone or tablet). They make interacting with a website faster and easier – for example by automatically filling your name and address in text fields.

In addition, the type of device you are using to access our website and the settings on that device may provide us with information about your device, including what type of device it is, what specific device you have, what operating system you are using, what your device settings are, and why a crash has happened. Your device manufacturer or operating system provider will have more details about what information your device makes available to us.

CCTV

Some parts of our school maybe monitored by CCTV. These areas are clearly marked by suitable signage. We use any video and audio recorded to protect our pupils, staff and visitors while they are on site, to deter crime, and to help maintain good order within the School grounds. We retain this information for a period of between two weeks and three months. Access to CCTV footage is controlled. CCTV footage may be passed onto the Police or other relevant authorities.

Who helps us process your data

Occasionally, we will need to share personal information relating to our 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. The Independent Schools Inspectorate, The Charity Commission 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 held and accessed only by the School medical team and appropriate medical staff under his/her supervision, or otherwise in accordance with express consent; and
• pastoral or safeguarding files.

However, a certain amount of any Special Educational Needs (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, pupils 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 Local Authority Designated Officer) LADO or police. For further information about this, please view the School’s Safeguarding Policy.

Finally, in accordance with Data Protection Law, some of the School’s processing activity is carried out on its behalf by third parties, such as IT systems providers, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only processed in accordance with our specific directions.

How we store your data

We store your data securely on our network. Some contact data to enable SMS communications for urgent school matters and closures is also held on secure servers within the EEA. We regularly back up our data.

We only use third parties which comply with all relevant GDPR information.

Physical data is stored securely in offices at School. Access to physical and digitally held data is restricted to appropriate school staff .

How long we keep personal data

We 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 seven 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.

Specific details of a pupil’s time at school are retained indefinitely for reference purposes but the minimum amount of information is only retained.

Similarly details of staff working at the school are retained on an indefinite basis, with only the bare minimum of data retained to enable reference checking or statutory enquiries.

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 data protection officer (DPO) in writing to St Joseph’s In The Park School, St Mary’s Lane, Hertingfordbury SG14 2LX.

However, please bear in mind that we 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 that 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:

• Contact parents and/or alumni by post and email in order to promote and raise funds for the School;
• Should you wish to limit or object to any such use, or would like further information about them, please contact the data protection officer (DPO) in writing to St Joseph’s In The Park School, St Mary’s Lane, Hertingfordbury SG14 2LX.
• You always have the right to withdraw consent, where given, or otherwise object to direct marketing or fundraising. However, we are 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).

Your Rights

Rights of access

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 data protection officer (DPO) in writing to St Josephs In The Park School, St Mary’s Lane, Hertingfordbury SG14 2LX.

We 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).

We 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 refuse or delay the request.

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 Pupil Requests 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).

We are 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.

Pupil requests

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 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.

Pupils at the school are not 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. Younger children, particularly those in their final year, may however be sufficiently mature to have a say in this decision, depending on the child and the circumstances.

Parental requests

It should be clearly understood 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. We 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.

Consent

Where we are 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, certain types of marketing and fundraising activity. 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).

Rights

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 processing in question, 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 or under their contract, and all the circumstances.

In general, the School will assume that pupil 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.

Pupils are required to respect the personal data and privacy of others, and to comply with the School’s policies and the School rules. Staff are under professional duties to do the same covered under the relevant staff policy. Staff are also required to respect the personal data and privacy of others and comply with all School polices.

Accuracy of Data and Security

We will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible.

We really appreciate it if you let us know if your contact details change by contacting the school.

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 for details of why we 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. All staff and governors will be made aware of this notice and their duties under Data Protection Law and will receive relevant training.

Direct Marketing and Sharing of Data

We do not sell personal details to third parties. We have a statutory duty to share some information when requested with government bodies such as the Dfe and the National Pupil Database when requested.

Photographs

We use photographs of pupils, parents, staff, volunteers and other guests at School events for marketing, fundraising and other publicity purposes. We understand there are many valid reasons why you may not wish us to use your photograph or photographs of your children in this way. This is fine, just let us know you would like to opt out of giving your photography permission by contacting the DPO at the school address.

Pupil Data

Pupil data is updated on a regular basis by staff, parents and pupils. Parents and Pupils are regularly invited to update pupil data where necessary.

Your right to know what we know about you, make changes or ask us to stop using your data

You have a right to ask us to stop processing your personal data, and if it is not necessary for the purpose you provided it to us for (e.g. processing your donation or registering you for an event) we will do so. Contact us at [email protected] if you have any concerns.

You have a right to ask for a copy of the information we hold about you. If there are any discrepancies in the information we provide, please let us know and we will correct them.

If you want to access your information, send a description of the information you want to see and proof of your identity by post to (DPO) St Joseph’s In The Park School, St Mary’s Lane, Hertingfordbury SG14 2LX.

We do not accept these requests by email so we can ensure that we only provide personal data to the right person.

If you have any questions, please send these to [email protected] and for further information see the Information Commissioner’s guidance on the ICO Website https://ico.org.uk/.

If you believe that we have not complied with this notice or acted otherwise than in accordance with Data Protection Law, you should utilise the School complaints procedure and should also notify the Data Protection 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 them.

Changes to this Notice

We may change this Privacy Notice from time to time. If we make any significant changes in the way we treat your personal information we will make this clear on the School Website or by contacting you directly.

Legal Underpinning of this Privacy Notice.

Various laws underpin this Privacy Notice and are relevant to St Joseph’s In the Park School

• The Data Protection Act 1998 and related statutory instruments (until 25 May 2018)
• The General Data Protection Regulation (from 25 May 2018)
• The Data Protection Act 2018 and related legislation (from 25 May 2018, form TBC)
• The Privacy and Electronic Communications Regulations 2011 (PECR) (to continue after 25 May 2018 until replaced by the ePrivacy Regulation – form and date TBC)
• The Protection of Freedoms Act 2012 (biometrics and CCTV)

Please note that independent schools are not subject to the specific information provisions (including the parental right to see the pupil record, and Freedom of Information).

Effective May 15th 2018 V1.1R