Why do privacy notices need to be issued?

The Data Protection Act 1998 has put in place numerous safeguards regarding the use of personal data by organisations, including the Department, local authorities and schools. This area of law is complex. The Act gives rights to those about whom data is held, known as data subjects. This includes

  • the right to know the types of data being held
  • why it is being held, and
  • to whom it may be communicated.

Privacy notices are designed to meet those needs of the Act and should be brought to the attention of all pupils for whom data is being submitted in the Early Years Foundation Stage Profile (EYFSP) Return. Schools and local authorities are responsible for doing this for their pupils and the privacy notice might be included as part of a school brochure or induction pack or in a school diary, and/or it could be posted on the school notice board.

What should be included in a privacy notice?

The Department has provided suggested text for a privacy notice to be used by schools and local authorities with their pupils.

  • The privacy notice refers the recipients to the local authority websites to see how they will use the data. The Department has also provided suggested information for a local authority to include on its website.
  • These are only suggested texts and the Department recommends local authorities and academies use their own legal advisors to review and amend them to suit local needs.
  • The privacy notice also refers recipients to these pages for information on what the Department does with pupil data.