Privacy notice for education and childcare provision attendance gathering during COVID-19

Who is collecting and using your personal data?

The education/childcare provision and/or Devon County Council will act as a ‘data controller’ for any personal data. As such, we will ensure that the data you give us is processed in line with our organisation’s data protection policies and in line with your rights under the Data Protection Act 2018 and the EU General Data Protection Regulations.

This notice explains what information we collect, why we collect it and how we keep it secure. It also explains your rights and our legal obligation.

We will notify you of any changes to this privacy notice

This privacy notice was last updated 04/05/2020. If we use your personal data for any new purposes, updates will be made to the policy information and changes communicated, where necessary in accordance with current data protection legislation. Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.

Why are we collecting your data?

The education/childcare sector is part of a critical national infrastructure providing care for the children of key workers and vulnerable children. It is crucial that the Department for Education (DfE)/Local Authority (LA) has up-to-date information on what provision exists during the Covid-19 pandemic, which children are accessing it; and any availability or other problems that may be arising.

What information will we collect?

During the COVID-19 pandemic, it may be necessary for DCC to process the following information about your provision and the children/young people normally registered or currently attending:

Provision details (i.e. Status (Open/closed), staffing and FSM

Child/student details (Name, DOB, NCY, Reason for attendance, Attendance marks)

How we may use your personal data?

The information supplied will be used for:

  • Early Years sector response to DFE
  • To provide the relevant summary data for education provisions to submit to the DFE
  • To provide child-level attendance data for use to ensure that children are attending where identified as vulnerable (supported by the child social care system, with education, health and care (EHC) plans or otherwise identified as vulnerable.
  • Marking your provision as closed on the LA’s closure systems
  • School closure information
  • Pinpoint

The legal basis for us collecting your personal data

If Devon County Council needs to process personal data for any of the purposes outlined in this assessment, we will rely upon the lawful conditions for processing outlined in Article 6(1)(e) of the General Data Protection Regulation.

Any information used or shared during the COVID-19 outbreak will be limited to the period of the outbreak unless there is another legal basis that enables us to use this data. Further information is available on GOV.UK.

Who will we share your information with?

We may share your personal data with the following organisations

  • DfE (In summary form)
  • Local Authority departments as required for the delivery of services to children or as necessary to enable the council’s response to the COVID-19 pandemic
  • Any partner organisations who are engaged by DCC to deliver services to children

If we have safeguarding or welfare concerns, we may also share information with health bodies such as the NHS or with a child’s General Practitioner. Any sharing of personal data for this purpose will be limited to the minimum that is necessary.

How long will we hold your personal data?

If we need to process your personal data for any of the purposes outlined in this privacy notices, we will retain this information for no longer than is necessary.

Your data protection rights

Under Data Protection Legislation, you have the right to obtain a copy of their personal records held by us, this is called a Subject Access Request (SAR).

Details of how to make a request can be found here.

Further details on your rights under data protection legislation and how to exercise them, are available here.

International transfers

We will not transfer your personal data to countries outside of the territorial scope of UK data protection laws.

Complaints

If you have any comments, queries or complaints about this privacy notice or the processing of your personal data please contact our Data Protection Officer.

Alternatively, if you are not happy with the way that DCC is handling your personal data, you are entitled to appeal to the Information Commissioners Office (ICO). The Information Commissioners Office enforces and oversees the data protection laws in the UK.

Their contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Online: ico.org.uk/make-a-complaint

Automated decisions

We will not take any automated decisions in respect of any personal data that is processed for the purposes outlined in this notice.