Education Department Privacy Notices
This notice sets out what Gwynedd Local Authority Education Authority does with children’s and young peoples, personal and performance information.
The collection of personal data
The Department collects information about children, young people and their parents or legal guardians when they go to a new school, they also collect information at other times during the school year. Information is also received from other schools when pupils transfer.
The Local Authority will also receive information on children/young people from the school / education establishment.
Upon receipt of the information the School and Local Authority become the data controller.
What is the lawful basis for processing your information?
For personal information under the UK (GDPR) the basis is:
Article 6(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;
Article 6(1)(e) legal obligation
For special category information eg ethnicity, health, religion, the lawful basis is Article 9(2)(g) of the UK GDPR, which also relates to our public task and the safeguarding of your fundamental rights and Schedule 1 part 2(6) of the DPA2018 which relates to statutory and government purposes.
The relevant legislation includes:
- Education Act 1996
- Additional Learning needs and the Educational Tribunal (Wales) Act 2018
- Social Services and Well-being Act 2014
- Equality Act 2010
- The Education (school information) (Wales) Regulations 2011
- The Education (pupil information) (Wales) Regulations 2011
- The Education (school performance and absence targets) (Wales) Regulations 2011
What information is held?
Personal and special category information that will be collected includes:
- Date of birth
- Ethnic group
- Disability status
- Other health information
- Additional Learning Needs information
- National assessment and examinations results
- Information in relation to your education at school
What is happening with your information?
The information collected is used to safeguard children and young people and to ensure appropriate contact details are available to contact parents / guardians and also for the following purposes:
- The provision of educational services to individuals;
- Monitoring and reporting on children / young people’s educational progress;
- The provision of welfare, pastoral care, and health services; additional educational needs, inclusion and transport requirements; exclusions, attendance and nursery data;
- The giving of support and guidance to children, young people, their parents and legal guardians;
- The organisation of educational events and trips;
- Planning and management of the school;
- Recording of monetary payments to and from pupils/students and parents/guardians;
- Organisation of Transport
- Administration of school meals
We may use your information for automated decision making, including profiling. This is where we may make a decision automatically about you without human intervention.
Who is your information shared with?
Information is sent to Welsh Government on children and young people directly from schools and the Local Authority normally as part of statutory data collection which consists of the following:
- Post-16 data collection
- Pupil Level Annual School Census (PLASC)
- Educated other than at school (EOTAS) pupil level collection
- National data collection (NDC)
- Attendance collection
- Welsh National Tests (WNT) data collection
- School Workforce Annual Census
We will also be sending information about school staff to the Welsh Government as part of the above census. For more information about this data collection exercise see the School Workforce Annual Census (SWAC): Privacy notice
Information held by the Local Authority on children and young people and their parents or legal guardians may be shared with other organisations when the law allows, for example with;
- Other education and training bodies, including schools, when pupils are applying for courses, training, school transfer or seeking guidance on opportunities;
- Bodies doing research for the WG, LA and schools, so long as steps are taken to keep the information secure;
- Social services and other health and welfare organisations where there is a need to share information to protect and support individual children and young people;
- Various regulatory bodies, such as ombudsmen, inspection authorities and Government fraud initiatives, where the law requires that information be passed on so that they can do their work;
- The Council is required by law to protect the public funds it administers and so may use any information you have provided for the prevention, detection and investigation of fraud and irregularity, for the performance of a contract, or, task carried out in the public interest, or to comply with a legal obligation. Part 6 of the Local Audit and Accountability Act 2014 and the Accounts and Audit (Wales) Regulations are the Legal basis.
How long will we keep this information?
Gwynedd Local Authority Education Service will retain and destroy the information in line with their retention schedules, these can be obtained from the contact details below.
Your rights under GDPR
You have the right to:
- Have access to the personal information that the school and Local Authority are processing about you;
- Require the schools or Local Authority to rectify inaccuracies in that information;
- The right (in some circumstances) to object to processing on grounds relating to your particular situation;
- The right to restrict processing (in some circumstances);
- Lodge a complaint with the information commissioner who is the independent regulator for data protection;
For further information about the information which Gwynedd Local Authority Education Service holds and its use, or if you wish to exercise your rights under the UK GDPR, please see contact details below:
Data Protection Officer
Research and Information Services
Corporate Support Department
Stryd y Jel
To contact the Information Commissioner’s Office, please see details below:
Information Commissioners Office
Telephone helpline: 029 2067 8400 (Wales helpline) or 0303 123 1113 (UK helpline)