Privacy Notice

 (How we use learners information)

The categories of learners information that we collect, hold and share include:

• Personal information (such as name, unique pupil number and address, parent/guardian)
• Characteristics (such as ethnicity, language, nationality, country of birth)
• Attendance information (such as sessions attended, number of absences and absence reasons)
• Assessment information
• Medical conditions
• Special Educational Needs and Disability
• Behaviour and exclusions
• Education history
• Work History
• Siblings information

Why we collect and use this information

We use the learners data:

• to support learners learning
• student enrolment
• Examination and external accreditation
• to gain funding with the ESFA
• to monitor and report on learners progress
• to provide appropriate pastoral care
• to assess the quality of our services
• to comply with the law regarding data sharing
• to safeguard learnerss

The lawful basis on which we use this information

On the 25th May 2018 the Data Protection Act 1998 will be replaced by the General Data Protection Regulation (GDPR). The condition for processing under the GDPR will be:

Article 6

1. Processing shall be lawful only if and to the extent that at least one of the following applies:

(c)          Processing is necessary for compliance with a legal obligation to which the controller is subject;

Article 9

1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.

1. Paragraph 1 shall not apply if one of the following applies:

(j)  Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

The Education (Information about Individual Pupils) (England) Regulations 2013 – Regulation 5 ‘Provision of information by non-maintained special schools and Academies to the Secretary of State’ states ‘Within fourteen days of receiving a request from the Secretary of State, the proprietor of a non-maintained special school or an Academy (shall provide to the Secretary of State such of the information referred to in Schedule 1 and (where the request stipulates) in respect of such categories of pupils, or former pupils, as is so requested.’

The Education Act 1996 – Section 537A – states that we provide individual pupil information as the relevant body such as the Department for Education.

Children’s Act 1989 – Section 83 – places a duty on the Secretary of State or others to conduct research.

Collecting learners information

Whilst the majority of learners information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain learnerinformation to us or if you have a choice in this.

Storing learners data

We hold learners data for the duration of time each studens remains a learner of Choice Training

Who we share learners information with

We routinely share learners information with:

• ESFA for funding purposes
• City and Guilds for enrolment/certification purposes
• Learners Employers (attendance, results of assessments)
• the Department for Education (DfE)
• Third party professional services i.e. Social Services, Social Care Teams

Why we share learners information

We do not share information about our learnerss with anyone without consent unless the law and our policies allow us to do so.

We share learnerss’ 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 share information about our learnerss with our local authority (LA) and the Department for Education (DfE) under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.

Not kept for longer than necessary

Choice Training undertakes not to retain personal data for longer than is necessary to ensure compliance with the legislation, and any other statutory requirements. This means Choice Training will undertake a regular review of the information held

Choice Training will dispose of any personal data in a way that protects the rights and privacy of the individual concerned (e.g. secure electronic deletion, shredding and disposal of hard copy files as confidential waste). A log will be kept of the records destroyed.

Requesting access to your personal data

Under data protection legislation, parents and learnerss 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 apply to Robert Tye by email at rob@choicetrainingltd.co.uk

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/

Contact

If you would like to discuss anything in this privacy notice, please contact:

Robert Tye,Data protection officer

rob@choicetrainingltd.co.uk