The Polish Supplementary School in Newry (School) is committed to conducting its activities in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct. The School collects and uses personal information about staff, pupils, parents and other individuals who come into contact with the school. This information is gathered for the purposes of legitimate interests in for the provision of education and other associated functions. This policy is intended to ensure that personal information is dealt with correctly, securely and in accordance with the General Data Protection Regulations 2018 (GDPR), and other related legislation. It will apply to information regardless of the way it is collected, used, recorded, stored and destroyed, and irrespective of whether it is held in paper files or electronically. The School as an organisation is the Data Controller under the GDPR, and the Management Board Committee is responsible for implementation of this policy. All staff involved with the collection, processing and disclosure of personal data will be aware of their duties and responsibilities by adhering to these guidelines. The School may also ask for information about particular health needs, such as allergies to particular forms of medication, or any medical condition such as asthma or diabetes. The School will only use this information in the protection of the health and safety of the individual, but may need consent to process this data in the event of a medical emergency.
Article 5 of the GDPR requires that personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to individuals;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; 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;
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
- General Statement:
The School is committed to maintaining the above principles at all times. Therefore the School will:
- Inform individuals why the information is being collected
- Inform individuals when their information is shared, and why and with whom it was shared
- Check the quality and the accuracy of the information it holds
- Ensure that information is not retained for longer than is necessary
- Ensure that when obsolete information is destroyed that it is done so appropriately and securely
- Ensure that clear and robust safeguards are in place to protect personal information from loss, theft and unauthorised disclosure, irrespective of the format in which it is recorded
- Share information with others only when it is legally appropriate to do so
- Set out procedures to ensure compliance with the duty to respond to requests for access to personal information, known as Subject Access Requests
- Ensure our staff are aware of and understand our policies and procedures
- Subject Access Request
Requests for information must be made in writing; which includes email, and be addressed to the Chairperson of the Management Board or to Principle. If the initial request does not clearly identify the information required, then further enquiries will be made. The identity of the requestor must be established before the disclosure of any information, and checks should also be carried out regarding proof of relationship to the child. Evidence of identity can be established by requesting production of: passport, driving licence or national ID. Note that this list is not exhaustive. Any individual has the right of access to information held about them. However with children, this is dependent upon their capacity to understand (normally age 12 or above) and the nature of the request. The Chairperson or Principle should discuss the request with the child and take their views into account when making a decision. A child with competency to understand can refuse to consent to the request for their records. Where the child is not deemed to be competent an individual with parental responsibility or guardian shall make the decision on behalf of the child. The response time for subject access requests, once officially received, is 30 calendar days. However the 30 days will not commence until after clarification of any information that is sought. The GDPR allows exemptions as to the provision of some information; therefore all information will be reviewed prior to disclosure. Third party information is that which has been provided by another organisation, such as the Police, Local Authority, or Health Care professional. Before disclosing third party information consent should normally be obtained. There is still a need to adhere to the 30 day statutory timescale. Any information which may cause serious harm to the physical or mental health or emotional condition of the pupil or another should not be disclosed, nor should information that would reveal that the child is at risk of abuse, or information relating to court proceedings. Information can be provided at the school with a member of staff on hand to help and explain matters if requested, or provided at face to face handover. The views of the applicant should be taken into account when considering the method of delivery. If postal systems have to be used then registered/recorded mail must be used.
Complaints about the above procedures should be made to the Chairperson of the Management Board who will decide whether it is appropriate for the complaint to be dealt with in accordance with the School’s complaint procedure. Complaints which are not appropriate to be dealt with through the School’s complaint procedure can be dealt with by the Information Commissioner. Contact details of both will be provided with the disclosure information.