Privacy notice for representations to School Organisation statutory consultations

Devon County Council (DCC) is collecting and or processing your personal data as a Data Controller under Data Protection Legislation and our ICO registration number is Z6475582.  This privacy notice concerns the processing of personal data that takes place by the School Organisation Team, part of the Pupil Place Planning service.

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. Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.

We will notify you of any changes to this privacy notice

This privacy notice was last updated 11 October 2023. 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.  Any queries relating to this privacy notice please contact the Data Protection Officer.

What information are we processing?

We are collecting your personal data for the purpose of considering your representation in the determination of a statutory School Organisation consultation.  The representation will be included on the public register that is available to the public and also held on the Council’s consultation database (and school consultations mailbox) that is limited to use by the Council’s Pupil Place Planning team and Cabinet Members or relevant Local Member in their role as a decision-maker.

We may use your personal data to contact you prior to and following determination of the proposal under consultation.  For this reason, the personal details that you provide will be retained in the Council’s consultation database.

When consultation responses are shared with DCC’s Cabinet members or members of another relevant committee in considering the proposal and outcome of the consultation, any signatures, email addresses and telephone numbers will be blocked from public viewing. 

Any sensitive personal data, such as the names of children and young people or medical information, that you may include in connection with your representation will be omitted from any documents shared with Cabinet or any other relevant committees.

Purpose of collecting or processing your personal data

Your personal data will be stored securely within the Council’s consultation database, and any information that is omitted from public viewing will not be accessible to other services within the Council. 

To ensure that consultation responses are considered in an open and transparent manner, a summary of your representation will be published on the County Council’s website.  Any sensitive personal data will be omitted from this publication.

Responses in full will be shared with the Committee Secretariat at Devon County Council and County Councillors when considering representations at Cabinet or another DCC Committee meetings.

If an appeal is lodged in connection with a statutory proposal, your representation will be provided to the independent Schools Adjudicator.

The legal basis for us collecting your personal data

We rely upon the Local Government (Access to Information) Act 1985 as the lawful basis to process your personal data for the purposes listed in this privacy notice.    

Personal data that is collected for any of the purposes outlined in this notice is never used for direct marketing purposes and is not sold on to any other third parties.

Recipients or categories of recipients that we may share your personal data with

We may share the personal data with the school (headteacher, senior leadership team, governors) directly affected by the proposal/consultation.

We may also share consultation responses, including personal data, with another Local Government Officer at DCC – for example, in consulting on a change to special educational needs provision , then we may share the responses including personal data with senior officers in the Special Educational Needs Team, or for a proposal affecting early years, for example adding nursery provision, we may share responses including personal data with senior officers in the Early Years team at DCC.

We would also share a summary of the consultation responses with the Cabinet Members/County Councillors (either through papers submitted to Cabinet or through a Cabinet Member Decision Form which are published on the DCC website). Any sensitive personal data will be omitted.

We provide DCC Democratic Services Team with a copy of the consultation responses in full, should any County Councillor wish to see the responses in full, outside of the Cabinet meeting. 

International transfers

DCC does not intend to transfer your personal data to countries outside of the scope of UK data protection laws.  If such transfers should be required in future, we will rely on one or more of the lawful conditions for transfer outlined in Chapter 5 of the UK General Data Protection Regulation.

How long will we hold your personal data?

Devon County Council will retain your personal data for the following periods of time:

  • Consultation responses for significant proposals: 5 years following determination of the proposal or appeal.
  • Consultation responses for minor proposals: 1 year following determination of the proposal or appeal.

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.

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 Regulations.

Contact details are below:

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

Email: casework@ico.org.uk

Automated Decisions

Devon County Council does not intend to make automated decisions using the personal data you provide to us.