The Hayling College
Privacy Notice for School Staff
Privacy Notice (How we use workforce information)
The Hayling College is the Data Controller for the use of personal data in this privacy notice.
The categories of information that we process include:
- personal information (such as name, employee or teacher number, national insurance number, photographs, emergency contact details)
- characteristics information (such as gender, age, ethnic group)
- contract information (such as start date, hours worked, post, roles, and salary information)
- work absence information (such as number of absences and reasons)
- qualifications (and, where relevant, subjects taught)
- CCTV footage
- Performance information
- Information regarding disciplinary or grievance issues
In addition, we may process the following “special category information”:
- Relevant health or medical information (such as in respect of absences)
- Trade Union membership
- Race, ethnicity, or religious beliefs, sexual orientation
This list is not exhaustive.
Why we collect and use workforce information.
We use workforce data to:
- enable individuals to be paid.
- enable safe recruitment and compliance with associated responsibilities.
- enable and support performance management.
- inform the development of recruitment and retention policies.
- enable the development of a comprehensive picture of the workforce and how it is deployed.
- enable equalities monitoring and compliance with equalities duties.
Our legal bases for processing workforce information:
Under the General Data Protection Regulation (GDPR), the legal basis / bases we rely on for processing personal information for general purposes are:
- for the purposes of performance of a contract (e.g., contracts of employment, contracts for services etc)
- Where processing is necessary for compliance with legal obligations of the Governing Body (e.g., including but not limited to legal obligations under the Education Act 2002; Education Act 2005, the School Staffing Regulations 2009; the Employment Rights Act 1996, relevant tax law and other employment law obligations)
- Where processing is necessary for the performance of a task carried out in the public interest or exercise of official authority vested in the Governing Body (e.g., education functions associated with running a school).
In addition, concerning any special category data:
- Where processing is necessary for the purposes of carrying out obligations and exercising rights of the school or staff in the field of employment
- Where processing is necessary for reasons of substantial public interest (e.g., connected to the education functions associated with running a school)
- Where processing is necessary for the purposes of preventive or occupational medicine (e.g., where occupational health advice is sought)
In some circumstances, we may ask you for explicit consent to enable us to process your data. However, this will normally only be where there is no other legal basis for us to process this information. Where we rely on consent, you may withdraw your consent at any time.
Collecting workforce information
We collect personal information via, staff contract forms and ESS.
Workforce data is essential for the school’s / local authority’s operational use. Whilst the majority of personal information you provide to us is mandatory, some of it is requested on a voluntary basis. In order to comply with GDPR, we will inform you at the point of collection, whether you are required to provide certain information to us or if you have a choice in this.
Storing workforce information
We hold data securely for the set amount of time shown in our data retention schedule. For more information on our data retention schedule and how we keep your data safe, please ask to see our school’s retention schedule and data protection policy which can be found on the website.
Who we share workforce information with.
We routinely share some workforce information with:
- The local authority
- the Department for Education (DfE)
- Your family or representatives- to carry out our public task in the event of an emergency.
- Other staff members- to carry out our public tasks, for example having access to your school email address so that information can be shared effectively.
- Our regulator Ofsted, in order to comply with our public task.
- Central and local government to complete the legal obligation for things such as the workforce census.
- Auditors- coming under a legal obligation, The Hayling College may be asked from auditors about financial information related to schools.
- Survey and research organisations- to meet our legal obligation in relation to ‘freedom of information’ requests.
- Trade unions and associations- to carry out our public task in light of any key discussions within school linked to disciplinary/capability procedures or for events such as redundancy.
- Security organisations- in order to keep our school secure and under the lawful basis of public task, we pass on certain staff member information so that they can be contacted if necessary (such as the caretaker).
- Police forces, courts, tribunals- to meet our legal obligations to share certain information with it, such as safeguarding concerns or to carry out our public task in relation to a tribunal.
- Employment and recruitment agencies- to meet the public task of supplying requested references.
- The governors- to carry out our public task within the school and remain accountable to them for finance and personnel issues.
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.
Why we share school workforce information.
We do not share information about our workforce members with anyone without consent unless the law and our policies allow us to do so.
We / the local authority share information about school employees with the Department for Education on a statutory basis. This data sharing informs departmental policy on pay and the monitoring of the effectiveness and diversity of the school workforce, links to school funding and expenditure and supports long term research and monitoring of educational policy.
We are required to share information about our school employees with our local authority under regulation 5 of the Education (Supply of Information about the School Workforce) (No 2) (England) Regulations 2007 (as amended). Our Local Authority has a duty to provide the Department of Education with the information about our school employees under regulation 6 of the Education (Supply of Information about the School Workforce) (No 2) (England) Regulations 2007.
To find out more about the data collection requirements placed on [us/the local authority] by the Department for Education including the data that we share with them, go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.
The Department may share information about school employees with third parties who promote the education or well-being of children or the effective deployment of school staff in England by:
- conducting research or analysis
- producing statistics
- providing information, advice or guidance
The Department has robust processes in place to ensure that the confidentiality of personal data is maintained and there are stringent controls in place regarding access to it and its use. Decisions on whether DfE releases personal data to third parties are subject to a strict approval process and based on a detailed assessment of:
- who is requesting the data
- the purpose for which it is required
- the level and sensitivity of data requested; and
- the arrangements in place to securely store and handle the data
To be granted access to school workforce information, organisations must comply with its strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.
To contact the department: https://www.gov.uk/contact-dfe
We occasionally share workforce information with suppliers (for example a payroll provider, professional HR advisers or occupational health providers) to enable the school to receive services that support our legal obligations to staff (e.g., to pay them) or for the purposes of fulfilling public tasks (e.g., running and staffing a school).
Requesting access to your personal data
Under the General Data Protection Regulation, you have the right to request access to information about you that we hold. To make a request for your personal information, contact DPO@Hayling.hants.sch.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
- a right to seek redress, either through the ICO, or through the courts
If you have a concern about the way we are collecting or using your personal data, we ask 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/
If you would like to discuss anything in this privacy notice, please contact: DPO@Hayling.hants.sch.uk