WHO WE ARE
We are Hawkesdown House School (the school) of 27, Edge Street, Kensington, London W8 7PN, the data controller for the purposes of all relevant data protection law in England and Wales (“Data Protection Law”).
WHAT THIS NOTICE IS FOR
This policy is intended to provide information about how the school will use 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 so that individuals 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, in the school’s terms and conditions, or other relevant policies we publish.
RESPONSIBILITY FOR DATA PROTECTION
The school has appointed
Jenny Mackay, Headmistress
27, Edge Street, Kensington, London W8 7PN
to deal with data protection compliance and any related requests or enquiries (see Your Rights below).
WHY THE SCHOOL NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to staff, pupils and parents, the school will need 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 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 management planning and forecasting, research and statistical analysis, and legal requirements (such as tax, diversity or gender pay gap analysis);
• Sharing with relevant authorities who need 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 and staff, including relating to outstanding fees or payment history;
• 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;
• For security purposes;
• 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 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 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, or spiritual education in the context of any religious beliefs;
• In connection with employment of its staff, for example DBS checks, welfare, union membership 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;
• bank details and other financial information, e.g. about parents who pay fees;
• 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 other establishments;
• correspondence with and concerning staff, pupils and parents past and present; and
• images of pupils (and occasionally other individuals) engaging in school activities.
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, or other professionals or authorities working with that individual); or collected from publicly available resources if there is a reason to do so.
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 (lawyers, insurers, PR and accountants) or government authorities and regulators.
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: but 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, 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 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, 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. Any material which may be relevant to potential historic claims should be kept for the lifetime of the pupil. The School has taken the view that in the current safeguarding environment it is both prudent and justifiable to retain all files until further notice.
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
Jenny Mackay, Headmistress,
27, Edge Street, Kensington, London W8 7PN
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, 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.
Should you wish to limit or object to any such use, or would like further information about them, please contact the Headmistress 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).
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 for the school to stop processing it, subject to certain 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 Headmistress. Generally, at prep school age parents will assert these rights on behalf of their children.
The school will endeavour to respond to any 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 (but complex requests may take longer to process). The school will be better able to respond quickly to smaller, targeted requests for information made during term-time. If the request is manifestly excessive or similar to previous requests, the school may ask you to reconsider or charge a proportionate fee, but only where Data Protection Law allows it.
You should be aware that certain data is exempt from the right of access. This will include information which identifies other individuals, or information which is subject to legal professional privilege. The school is also not required to disclose any pupil examination scripts, provide test marks early, nor share any confidential reference given by the school for the purposes of the education, training or employment of any individual.
It should be clearly understood that the rules on subject access are not the sole basis on which information requests are handled. Parents and others will often have a legitimate interest or expectation in receiving certain information about pupils, for example, notwithstanding the wishes of those affected. All information requests from, or on behalf of, or concerning pupils will therefore be considered on a case by case basis.
Similarly, we will sometimes have compelling reasons to refuse specific requests to stop processing your or your child’s data, or to amend or delete it: for example, because it falls within a legitimate interest identified in this notice.
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: [e.g. certain types of uses of images, certain types of 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).
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 please notify the Headmistress of any 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. All staff and governors 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 Headmistress using the following contact details
27, Edge Street, Kensington, London W8 7PN
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 Headmistress. 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.
16th May 2018