Who will process the personal information?
The personal information provided will be used by East Dunbartonshire Council under the provisions of the General Data Protection Regulation (GDPR).
What will the personal information be used for?
The personal information will be used by the Council to provide the identified young person with an education. The personal information will be used to:-
- support pupil learning;
- monitor and report on pupil attainment and achievement in relation to the national improvement framework issued by Scottish Government;
- provide appropriate pastoral care to support health and wellbeing;
- assure the quality of our education services in line with national expectations from Education Scotland;
- check the information the Council holds is accurate;
- prevent and / or detect crime; and
- protect public funds.
What is the Council's lawful basis for using personal information?
The Council has a legal obligation to ensure that there is an adequate and efficient school and further education system within East Dunbartonshire. If you do not provide us with the personal information we have asked for then the Council will not be able to provide this statutory education to the pupil.
The use of the personal information is necessary for the Council to comply with legal obligations under the following legislation:-
- Education (Scotland) Act 1980
- Children and Young People (Scotland) Act 2014
- The Local Government (Scotland) Act 1973 (to ensure proper administration of the Council’s financial affairs (including the detection and/or prevention of fraud)
To meet the requirements of the Education (Scotland) Act 1980, the personal information will also be shared with:-
- SEEMIS, the Council’s Education Management Information System (MIS) provider. This sharing is required in order that the Council has a secure and effective way to record information about the Council’s pupils.
- Scottish Qualification Authority (SQA), to enable schools to process personal data for exams in S4 – S6.
- Further Education (FE) Colleges, to enable placements at FE Colleges Senior Phase programme in S4 – S6 as part of the programme for vocational qualifications.
- Health professionals where a school pupil or Early Years Child requires urgent medical attention, for example on a Council activity or excursions
- Scottish Government Learning Directorate has legal powers to request data for which local authorities hold for their own purposes in relation to the views of parents and carers involvement and engagement with the education of their children who are educated in Scotland’s schools
When necessary to support the school and Early Years child’s access to education and to support their physical and mental wellbeing, the personal information may be shared internally between departments of the Council, Scottish Government and with the National Health Service. In particular personal information about children may be shared with Social Work and Educational Psychology in order to put in place support for learning.
The personal information may also be shared with the Council’s Audit
How long will the personal information be held for?
East Dunbartonshire Council uses the Scottish Council on Archives Records Retention Schedules to manage the length of time the Council keeps information. There are a number of schedules that cover the retention of educational records.
- 10.002.003 Admission forms Retention for 1 year
- 10.002.007 Attendance records Retention for 4 years
- 10.002.008 Exclusion records Retention for 7 years
- 10.002.014 Pupil Progress Report Retention for 5 years
Education data within the Scottish Government is managed effectively by secure systems on secure servers and is exploited as a valuable corporate resource, subject to confidentiality restraints.
Regarding the retention of data, Article 5 of the GDPR “Principles relating to processing of personal data” states:
“personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals”.
What rights do you have over the personal information?
- Right of Access
Individuals have the right to access the personal information the Council holds about them. This right is called a Subject Access Request, often referred to as a SAR.
Individuals can receive a copy of the personal data held by the Council, details on why it is being used, who it has been/ will be shared with, how long it will be held for, the source of the information and if the Council uses computer systems profile or take decisions about you. Details on how to submit a Subject Access Request.
- Right to rectification
Individuals have the right to request the Council correct any information held about them that is inaccurate.
- Right to erasure
Individuals have the right to request that the Council delete the personal information about them. This right is known as the right to be forgotten.
- Right to restrict processing
Individuals have the right to request that the Council stops using personal information, while retaining a copy of it.
Details on how to complain to the ICO
We aim to directly resolve all complaints about how we handle personal information. However, you also have the right to lodge a complaint with the Information Commissioner's Office, who can be contacted by post at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. By phone on 0303 123 1113 (local rate) or 01625 545 745. Visit the Information Commissioner's Office website.
Details on how to contact the Council’s Data Protection Officer
Should you have any questions or concerns about the Council’s handling of your personal data you can contact the Council’s Data Protection Officer.
Data Protection Officer
East Dunbartonshire Council
12 Strathkelvin Place
Tel: 0300 123 4510