Who are we?

Bright Sparks Learning Centre is the ‘data controller’. This means we are responsible for how your personal information is processed and for what purposes.

Bright Sparks Learning Centre is registered as the Data Controller with the Information Commissioner’s Office (ICO); Registration Number: ZA695571. You can contact the centre as the Data Controller in writing.

What is a Privacy Notice?

A Privacy Notice sets out to individuals how we use any personal information that we hold about them. We are required to publish this information by data protection legislation. This Privacy Notice explains how we process (collect, store, use and share) personal information about our pupils and parents.

What is Personal Information?

Personal information relates to a living individual who can be identified from that information. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession.

‘Special category’ personal information relates to personal information 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.

What personal information do we process about pupils and parents?

The pupil and parent information that we collect, hold and share includes:

  • personal information including a pupil’s name, date of birth, unique pupil number and home address
  • characteristics such as ethnicity, language, nationality, country of birth and free school meal eligibility
  • attendance information such as sessions attended, number of absences and absence reasons.
  • educational information including records of work, assessment results, relevant medical information, details of pupils’ special educational needs, exclusions/behavioural information, post-16 learning information.
  • contact information for parents, carers and other relatives, including telephone numbers, home addresses and e-mail addresses.
  • information about a child’s home life, where required as part of necessary safeguarding and welfare processes
  • CCTV images captured in the centre
  • photographs

Why do we use personal information?

We use pupil data:

  • to support pupil learning
  • to monitor and report on pupil progress
  • to provide appropriate pastoral care
  • to assess the quality of our services
  • to comply with the law regarding data sharing
  • to safeguard pupils
  • administer admissions waiting lists

Collecting pupil information

Whilst the majority of pupil 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 pupil information to us or if you have a choice in this.

What are the legal reasons for us to process your personal information?

We are required to process personal information in accordance with data protection legislation and only do so when the law allows us to. The lawful reasons we have for processing personal information are as follows:

1. To comply with the law
We collect and use general purpose pupil information in order to meet certain legal requirements and legal obligations placed upon the centre by law. We therefore are required to this process personal information for such purposes even if you have not consented to us doing so.
Details of the type of processing that we must undertake, the personal data that is processed, the legislation which requires us to do so and who we may share this information with is detailed in this document.
If you would like a copy of or further information regarding the statutory authorities that underpin our legal obligations, please contact the centre in writing.

2. To protect someone’s vital interests
We are able to process personal information when there is an emergency and/or where a person’s life is in danger.

3. With the consent of the individual to whom that information ‘belongs’
Much of the personal information processed is in accordance with a legal requirement; however, some personal information can only be processed with explicit consent. In these circumstances, we will provide you with specific and explicit information regarding the reasons as to why data is being collected and how the data will be used. This may include: photographs, health information for school trips and vaccinations.

4. To perform a public task
It is a day-to-day function of the centre to ensure that children receive the education and support they require. Much of this work is not set out directly in any legislation, but it is deemed to be necessary in order to ensure that pupils are properly educated and supported.

Who is information shared with?

We do not share information about pupils with any third party without consent, unless the law and our policies allow us to do so.
Where it is legally required, or necessary (and it complies with data protection law,) we may share personal information about pupils with:

  • local authorities – to meet our legal obligations to share certain information, such as safeguarding concerns and exclusions
  • the Department for Education
  • the pupil’s family and representatives
  • educators and examining bodies
  • our regulator
  • suppliers and service providers in order to enable them to provide the service we have contracted them for
  • financial organisations
  • central and local government
  • our auditors
  • survey and research organisations
  • health authorities
  • security organisations
  • health and social welfare organisations
  • professional advisers and consultants
  • charities and voluntary organisations
  • police forces, courts, tribunals
  • professional bodies

We do not share information about our pupils or parents unless the law and our policies allow us to do so.

What do we do with your information?

All personal information is held in a manner which is compliant with data protection legislation. Personal information is only processed for the purpose it was collected. The centre monitors the personal information it processes and will only share personal information with a third party if it has a legal basis to do so (as set out above.)

How long do we keep your information for?

In retaining personal information, the centre complies with the Retention Schedules provided by the Information Record Management Society. The schedules set out the Statutory Provisions under which the centre is required to retain the information.

A copy of those schedules can be located using the following link: http://irms.org.uk/page/SchoolsToolkit

Transferring data internationally

Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.

Special category personal information

In order to process ‘special category’ data, we must be able to demonstrate how the law allows us to do so. In additional to the lawful reasons above, we must also be satisfied that ONE of the following additional lawful reasons applies:
i. explicit consent of the data subject
ii. processing relates to personal data which is manifestly made public by the data subject
iii. necessary for establishing, exercising or defending legal claims
iv. necessary for reasons of substantial public interest
v. necessary for preventive or occupational medicine, or for reasons of public interest in the area of public health
vi. necessary for archiving, historical research or statistical purposes in the public interest

The lawful reasons for each type of special category personal information data that we process is set out in the tables attached.

 

Information Type Relevant Legislation Special Category Third parties with whom we share information Reasons for sharing
Pupil full name The Education (Information about Individual Pupils)
(England) Regulations 2013, Regulation 3(2)
Local Authority
Department of Education
School to which pupil has transferred
School counsellor
Class Charts
Other local schools/settings for sports events
SISRA Analytics
Gender The Education (Information about Individual Pupils)
(England) Regulations 2013, Regulation 3(2)
Local Authority
Department of Education
School to which pupil has transferred
Class Charts
Date of birth The Education (Information about Individual Pupils)
(England) Regulations 2013, Regulation 3(2)
Local Authority
Department of Education
School to which pupil has transferred
Class Charts
Home address The Education (Information about Individual Pupils)
(England) Regulations 2013, Regulation 3(2)
Department of Education
School to which pupil has transferred
First Language The Education (Information about Individual Pupils)
(England) Regulations 2013, Regulation 3(2)
Department of Education School to which pupil has transferred
Ethnicity The Education (Information about Individual Pupils)
(England) Regulations 2013, Regulation 3(2)
Department of Education School to which pupil has transferred
National Identity, Country of Birth, Nationality Education Act 1996 Section 537A Local Authority Department of Education School to which pupil has transferred Legal obligation
Religion Necessary to protect vital interests of the data subject or another person where the data subject is physically or legally incapable of giving consent Medical staff, hospitals, ambulance staff, paramedics
Date of admission to school The Education (Information about Individual Pupils)
(England) Regulations 2013, Regulation 3(2)
Department of Education School to which pupil has transferred
Last school attended The Education (Information about Individual Pupils)
(England) Regulations 2013
Department of Education School to which pupil has transferred Legal obligation
National Curriculum The Education (Information about Individual Pupils)
(England) Regulations 2013
Department of Education School to which pupil has transferred Class charts Legal obligation Performance of a public task

 

Data collection requirements

To find out more about the data collection requirements placed on us by the Department for Education go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

What are your rights with respect of your personal information?

Under data protection law, parents and pupils have the right to request access to information about them that we hold. To make a request for your personal information, or to have access to your child’s educational record, contact the Schools Data Protection Officer at Warwickshire Legal Services via email at schooldpo@warwickshire.gov.uk or alternatively;

School Data Protection Officer
Warwickshire Legal Services
School Data Protection Officer
Warwickshire Legal Services
Warwickshire County Council
Shire Hall
Market Square
Warwick
CV34 4RL

Please ensure you specify which school/setting your request relates to.

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
  • 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, you should raise your concern with Bright Sparks Learning Centre in the first instance, or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/

Review

The content of this Privacy Notice will be reviewed June 2021.