Kent County Council Children, Families and Education Directorate



Responsible People named in this policy

Chair of Governors: Felicity Moore

Head Teacher: Tracy Kent

Date: Reviewed September 2014


Downs View School Data Protection Policy Downs View Infant School

The Data Protection Act 1998 is the law that protects personal privacy and upholds individual’s rights. It applies to anyone who handles or has access to people’s personal data.

This policy is intended to ensure that personal information is dealt with properly and securely and in accordance with the Data Protection Act. It will apply to information regardless of the way it is used, recorded and stored and whether it is held in paper files or electronically.

1. Scope of the Policy

Personal information is any information that relates to a living individual who can be identified from the information. This includes any expression of opinion about an individual and intentions towards an individual. It also applies to personal data held visually in photographs or video clips (including CCTV) or as sound recordings.

The School collects a large amount of personal data every year including: staff records, names and addresses of those requesting prospectuses, examination marks, references, fee collection as well as the many different types of research data used by the School. In addition, it may be required by law to collect and use certain types of information to comply with statutory obligations of Local Authorities (LAs), government agencies and other bodies.

2. The Eight Principles

The Act is based on eight data protection principles, or rules for ‘good information handling’.

1. Data must be processed fairly and lawfully.

2. Personal data shall be obtained only for one or more specific and lawful purposes.

3. Personal data shall be adequate, relevant and not excessive in relation to the purpose(s) for which they are processed.

4. Personal data shall be accurate and where necessary kept up to date.

5. Personal data processed for any purpose(s) shall not be kept for longer than is necessary for that purpose.

6. Personal data shall be processed in accordance with the rights of data subjects under the 1998 Data Protection Act.

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8. Personal data shall not be transferred to a country outside the EEA, unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

3. Responsibilities

3.1 The school must:
Manage and process personal data properly
Protect the individuals right to privacy
Provide an individual with access to all personal data held on them.

3.2 The school has a legal responsibility to comply with the Act. The school, as a corporate body, is named as the Data Controller under the Act.

Data Controllers are people or organisations who hold and use personal information. They decide how and why the information is used and have a responsibility to establish workplace practices and policies that are in line with the Act.

3.3 The school is required to ‘notify’ the Information Commissioner of the processing of personal data. This information will be included in a public register which is available on the Information Commissioner’s website at the following link : egister.aspx

3.4 Every member of staff that holds personal information has to comply with the Act when managing that information.

3.5 The school is committed to maintaining the eight principles at all times. This means that the school will:

• inform Data Subjects why they need their personal information, how they will use it and with whom it may be shared. This is known as a Privacy Notice.

• check the quality and accuracy of the information held

• apply the records management policies and procedures to ensure that information is not held longer than is necessary

• ensure that when information is authorised for disposal it is done appropriately

• ensure appropriate security measures are in place to safeguard personal information whether that is held in paper files or on a computer system

• only share personal information with others when it is necessary and legally appropriate to do so

• set out clear procedures for responding to requests for access to personal information known as subject access in the Data Protection Act (see appendix 1)

• train all staff so that they are aware of their responsibilities and of the schools relevant policies and procedures

This policy will be updated as necessary to reflect best practice or amendments made to the Data Protection Act 1998.

Please follow this link to the ICO’s website ( which provides further detailed guidance on a range of topics including individuals’ rights, exemptions from the Act, dealing with subject access requests, how to handle requests from third parties for personal data to be disclosed etc. In particular, you may find it helpful to read the Guide to Data Protection which is available from the website.

For help or advice on any data protection or freedom of information issues, please do not hesitate to contact

Michelle Hunt
Information Governance Specialist Information Resilience & Transparency Team Tel: 01622 696692

Appendix 1 – Procedure for Access to Personal Information

Downs View Infant School

Rights of access to information

There are two distinct rights of access to information held by schools about pupils.

1. Under the Data Protection Act 1998 a pupil has a right to request access to their own personal information. In certain circumstances requests may be made by a parent on behalf of their child (see below).

2. The right of parents to have access to curricular and educational records relating to their child as defined within the Education (Pupil Information) (England) Regulations 2005.

These procedures relate to the above mentioned rights.

Dealing with a request

1. Requests for personal information must be made in writing and addressed to the Headteacher. If the initial request does not clearly identify the information required, then further enquiries will be made.

2. The identity of the requestor must be established before the disclosure of any personal 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
  •   utility bills with the current address
  •   Birth / Marriage certificate
  •   P45/P60
  •   Credit Card or Mortgage statement


This list is not exhaustive.

3. Any individual has the right of access to information held about them. However with children, this is dependent upon their capacity to understand. As a general rule, a child of 12 or older is expected to be mature enough to understand the request they are making. If the child cannot understand the nature of the request, someone with parental responsibility can ask for the information on the child’s behalf.

The Headteacher should discuss the request with the child and take their views into account when making a decision.

4. The school may make a charge for the provision of information, dependant upon the following:

  •   Should the information requested contain the educational record then the amount charged will be dependant upon the number of pages provided. The fees work on a scale basis as below.

    Number Maximum of pages fee
    1-19 £1
    20-29 £2
    30-39 £3
    40-49 £4
    50-59 £5
    60-69 £6
    70-79 £7
    80-89 £8
    90-99 £9
    100-149 £10
    150-199 £15
    200-249 £20
    250-299 £25
    300-349 £30
    350-399 £35
    400-449 £40
    450-499 £45
    500+ £50

  •   Should the information requested be personal information that does not include any information contained within educational records schools can charge £10 to provide it.


5. The response time for subject access requests, once officially received, is

40 days (not working or school days but calendar days, irrespective of school holiday periods). However the 40 days does not begin until after the fee and any further information to assist you with the request (i.e. about identity) is received.

Requests for information from pupils or parents for access to information classed as being part of the education record must be responded to within 15 school days.

6. There are some exemptions to the right to subject access that apply in certain circumstances or to certain types of personal information. Therefore all information must be reviewed prior to disclosure.

7. Responding to a request may involve providing information relating to another individual (a third party). Third party information is that which identifies another pupil/parent or has been provided by another agency, such as the Police, Local Authority, Health Care professional or another school.

Before disclosing third party information consent should normally be obtained. There is still a need to adhere to the 40 day statutory timescale.

8. Any information which may cause serious harm to the physical or mental health or emotional condition of the pupil or another individual involved should not be disclosed, nor should information that would reveal that the child is at risk of abuse, or information relating to court proceedings.

9. If there are concerns over the disclosure of information then additional advice should be sought from KCC Information Resilience & Transparency Team (see contact details below).

10. Where redaction (information edited/removed) has taken place then a full copy of the information provided should be retained in order to establish, if a complaint is made, what was redacted and why.

11. Information disclosed should be clear, thus any codes or technical terms will need to be clarified and explained. If information contained within the disclosure is difficult to read or illegible, then it should be retyped.

12. Information can be viewed 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 the applicant has asked for the information to be posted then special next day delivery or recorded delivery postal service must be used.


Complaints about the above procedures should be made to the Chairperson of the Governing Body 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.


If you have any queries or concerns regarding access to records or the Data Protection Act, then please contact:

Michelle Hunt
The Information Resilience & Transparency Team Kent County Council
Room 2.71, Sessions House,
County Hall,
Maidstone, Kent, ME14 1XQ

Further advice and information can be obtained from the Information Commissioner’s Office,