Data Protection and Record Retention Policy

General Information

Name of School: Swords Educate Together N.S>

Address: Applewood, Swords, Co. Dublin

Telephone: 01-8903899

E-mail: setns.ias@eircom.net

Denominational Character: Multi-Denominational

Patron: Educate Together

THE SCHOOL’S DATA PROTECTION POLICY APPLIES TO THE PERSONAL DATA HELD BY THE SCHOOL’S BOARD OF MANAGEMENT (BOM), WHICH IS PROTECTED BY THE DATA PROTECTION ACTS 1988 TO 2018 AND THE EU GENERAL DATA PERSONAL REGULATION (GDPR

1. INTRODUCTION

This policy was formulated by Staff and Board of Management of Swords Educate Together National School to ensure compliance with Data Protection Acts 1988 to 2018 and the EU General Data Protection Regulation (GDPR).

The purpose of the policy is to identify the Records required to be retained by the school and to ensure confidentiality and manageable procedures in relation to access to such records by parents and stake holders.

The school’s Data Protection Policy applies to the personal data held by the school’s Board of Management (BoM), which is protected by the Data Protection Acts 1988 to 2018 and the EU General Data Protection Regulation (GDPR)

The policy applies to all school staff, the Board of Management, parents/guardians, students and others (including prospective or potential students and their parents/guardians and applicants for staff positions within the school) insofar as the measures under the policy relate to them. Data will be stored securely, so that confidential information is protected in compliance with relevant legislation. This policy sets out the manner in which personal data and special categories of personal data will be protected by the school.

Swords Educate Together National School operates a “Privacy by Design” method in relation to Data Protection. This means we plan carefully when gathering personal data so that we build in the data protection principles as integral elements of all data operations in advance. We audit the personal data we hold in order to:

1. be able to provide access to individuals to their data

2. ensure it is held securely

3. document our data protection procedures

4. enhance accountability and transparency

2. RATIONALE

A policy on data protection and record keeping is necessary to ensure that the school has proper procedures in place in relation to accountability and transparency. It is good practice to record pupil progress so as to identify learning needs.

In addition to its legal obligations under the broad remit of educational legislation, the school has a

legal responsibility to comply with:

the Data Protection Acts 1988 to 2018 and the GDPR

Education Act 1998, Section 9- requiring a school to provide access to records to students over 18/parents

Education Welfare Act 2000 requiring a school to report school attendance and transfer of pupils.

This policy explains what sort of data is collected, why it is collected, for how long it will be stored and with whom it will be shared. The school takes its responsibilities under data protection law very seriously and wishes to put in place safe practices to safeguard individual’s personal data. It is also recognised that recording factual information accurately and storing it safely facilitates an evaluation of the information, enabling the Principal and Board of Management to make decisions in respect of the efficient running of the School. The efficient handling of data is also essential to ensure that there is consistency and continuity where there are changes of personnel within the school and Board of Management.

3. RELATIONSHIP TO SCHOOL ETHOS

Swords Educate Together National School promotes openness and co-operation between staff, parents and pupils as a means towards providing the caring environment through which a child can develop and grow to their full potential.

Swords Educate Together National School seeks to:

provide a safe and secure environment for learning

promote respect for the diversity of values, beliefs, traditions, languages and ways of life in society

We aim to achieve these goals while respecting the privacy and data protection rights of students, staff, parents/guardians and others who interact with us. The school wishes to achieve these aims while fully respecting individuals’ rights to privacy and rights under the Data Protection legislation.

4. AIMS/OBJECTIVES

To ensure the school complies with legislative requirements

To clarify the types of records maintained and the procedures relating to making them available to the relevant bodies

To put in place a proper recording and reporting framework on the educational progress of pupils

To establish clear guidelines on making these records available to parents and pupils over 18

To stipulate the length of time records and reports will be retained

5. DATA PROTECTION PRINCIPLES

The BoM of Swords Educate Together National School is a data controller of personal data relating to its past, present and future staff, students, parents/guardians and other members of the school community. As such, the BoM is obliged to comply with the principles of data protection set out in the Data Protection Acts 1988 to 2018 and GDPR, which can be summarised as follows:

Obtain and process Personal Data fairly: Information on students is gathered with the help of parents/guardians and staff. Information is also transferred from their previous schools. In relation to information the school holds on other individuals (members of staff, individuals applying for positions within the School, parents/guardians of students etc.), the information is generally furnished by the individuals themselves with full and informed consent and compiled during the course of their employment or contact with the School. All such data is treated in accordance with the Data Protection Acts and the terms of this Data Protection Policy. The information will be obtained and processed fairly.

Consent: Where consent is the basis for provision of personal data, (e.g. data required to join sports team/ afterschool activity or any other optional school activity) the consent must be a freely-given, specific, informed and unambiguous indication of the data subject’s wishes. Swords Educate Together National School will require a clear, affirmative action e.g. payment of a fee or ticking of a box/signing a document to indicate consent. Consent can be withdrawn by data subjects in these situations

Keep it only for one or more specified and explicit lawful purposes: The School will inform individuals of the reasons they collect their data and will inform individuals of the uses to which their data will be put. All information is kept with the best interest of the individual in mind at all times.

Process it only in ways compatible with the purposes for which it was given initially: Data relating to individuals will only be processed in a manner consistent with the purposes for which it was gathered. Information will only be disclosed on a need to know basis, and access to it willbe strictly controlled.

Keep Personal Data safe and secure: Only those with a genuine reason for doing so may gain access to the information. Sensitive Personal Data is securely stored under lock and key in the case of manual records and protected with firewall software and password protection in the case of electronically stored data. Portable devices storing personal data (such as laptops) should be encrypted and password protected before they are removed from the school premises. Confidential information will be stored securely and in relevant circumstances, it will be placed in a separate file which can easily be removed if access to general records is granted to anyone not entitled to see the confidential data.

Keep Personal Data accurate, complete and up-to-date: Students, parents/guardians, and/or staff should inform the school of any change which the school should make to their personal data and/or sensitive personal data to ensure that the individual’s data is accurate, complete and up-to-date. Once informed, the school will make all necessary changes to the relevant records. The principal may delegate such updates/amendments to another member of staff. However, records must not be altered or destroyed without proper authorisation. If alteration/correction is required, then a note of the fact of such authorisation and the alteration(s) to be made to any original record/documentation should be dated and signed by the person making that change.

Ensure that it is adequate, relevant and not excessive: Only the necessary amount of information required to provide an adequate service will be gathered and stored.

Retain it no longer than is necessary for the specified purpose or purposes for which it was given: As a general rule, the information will be kept for the duration of the individual’s time in the school. Thereafter, the school will comply with DES guidelines on the storage of Personal Data and Sensitive Personal Data relating to a student. In the case of members of staff, the school will comply with both DES guidelines and the requirements of the Revenue Commissioners with regard to the retention of records relating to employees. The school may also retain the data relating to an individual for a longer length of time for the purposes of complying with relevant provisions of law and or/defending a claim under employment legislation and/or contract and/or civil law.

Provide a copy of their personal data to any individual, on request: Individuals have a right to know what personal data/sensitive personal data is held about them, by whom, and the purpose for which it is held

6. SCOPE AND PURPOSE OF THE POLICY

The Data Protection legislation applies to the keeping and processing of Personal Data. The purpose of this policy is to assist the school to meet its statutory obligations, to explain those obligations to School staff, and to inform staff, students and their parents/guardians how their data will be treated.

7. DEFINITION OF DATA PROTECTION TERMS

In order to properly understand the school’s obligations, there are some key terms, which should be understood by all relevant school staff:

PERSONAL DATA means any data relating to an identified or identifiable natural person i.e. a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller (BoM)

DATA CONTROLLER is the Board of Management of Swords Educate Together National School.

DATA SUBJECT - is an individual who is the subject of personal data

DATA PROCESSING - performing any operation or set of operations on data, including:

Obtaining, recording or keeping the data,

Collecting, organising, storing, altering or adapting the data

Retrieving, consulting or using the data

Disclosing the data by transmitting, disseminating or otherwise making it available

Aligning, combining, blocking, erasing or destroying the data

DATA PROCESSOR - a person who processes personal information on behalf of a data controller, but does not include an employee of a data controller who processes such data in the course of their employment, for example, this might mean an employee of an organisation to which the data controller out-sources work. The Data Protection legislation places responsibilities on such entities in relation to their processing of the data. [e.g. Aladdin; Sage, Redbook, Google for Education]

SPECIAL CATEGORIES OF PERSONAL DATA refers to Personal Data regarding a person’s:

racial or ethnic origin

political opinions or religious or philosophical beliefs

physical or mental health

sexual life and sexual orientation

genetic and biometric data

criminal convictions or the alleged commission of an offence

trade union membership

PERSONAL DATA BREACH – a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. This means any compromise or loss of personal data, no matter how or where it occurs.

8. OTHER LEGAL OBLIGATIONS

Implementation of this policy takes into account the school’s other legal obligations and responsibilities. Some of these are directly relevant to data protection. For example:

Under SECTION 9(G) OF THE EDUCATION ACT, 1998, the parents of a student, or a student who has reached the age of 18 years, must be given access to records kept by the school relating to the progress of the student in their education

Under SECTION 20 OF THE EDUCATION (WELFARE) ACT, 2000, the school must maintain a register of all students attending the School

Under SECTION 20(5) OF THE EDUCATION (WELFARE) ACT, 2000, a Principal is obliged to notify certain information relating to the child’s attendance in school and other matters relating to the child’s educational progress to the Principal of another school to which a student is transferring. Swords Educate Together National School sends, by post/email, a copy of a child’s Passport, as provided by the National Council for Curriculum and Assessment, to the Principal of the PostPrimary School in which the pupil has been enrolled.

Where reports on pupils which have been completed by professionals, apart from Swords Educate Together National School staff, are included in current pupil files, such reports are only passed to the Post-Primary school following express written permission having been sought and received from the parents of the said pupils.

Under SECTION 21 OF THE EDUCATION (WELFARE) ACT, 2000, the school must record the attendance or non-attendance of students registered at the school on each school day.

Under SECTION 28 OF THE EDUCATION (WELFARE) ACT, 2000, the School may supply Personal Data kept by it to certain prescribed bodies (the Department of Education and Skills, Tusla, the National Council for Special Education and other schools). The BoM must be satisfied that it will be used for a ‘relevant purpose’ (which includes recording a person’s educational or training history or monitoring their educational or training progress; or for carrying out research into examinations, participation in education and the general effectiveness of education or training).

Under SECTION 14 OF THE EDUCATION FOR PERSONS WITH SPECIAL EDUCATIONAL NEEDS ACT, 2004, the school is required to furnish to the National Council for Special Education (and its employees, which would include Special Educational Needs Organisers) such information as the Council may from time to time reasonably request.

The FREEDOM OF INFORMATION ACT 1997 provides a qualified right to access to information held by public bodies which does not necessarily have to be “personal data”, as with data protection legislation. While most schools are not currently subject to freedom of information legislation, (with the exception of schools under the direction of Education and Training Boards), if a school has furnished information to a body covered by the Freedom of Information Act (such as the Department of Education and Skills, etc.) these records could be disclosed by that body if a request is made to that body.

Under SECTION 26(4) OF THE HEALTH ACT, 1947 a School shall cause all reasonable facilities (including facilities for obtaining names and addresses of pupils attending the school) to be given to a health authority who has served a notice on it of medical inspection, e.g. a dental inspection

Under CHILDREN FIRST ACT 2015, mandated persons in schools have responsibilities to report child welfare concerns to TUSLA- Child and Family Agency (or in the event of an emergency and the unavailability of TUSLA, to An Garda Síochána)

9. PERSONAL DATA

The Personal Data records held by the school may include:

STAFF RECORDS

A) CATEGORIES: As well as existing members of staff (and former members of staff), these records may also relate to applicants applying for positions within the school, trainee teachers and teachers under probation. These staff records may include:

• Name, address and contact details, PPS number.

• Name and contact details of next-of-kin in case of emergency.

• Original records of application and appointment to promotion posts

• Details of approved absences (career breaks, parental leave, study leave, etc.)

• Details of work record (qualifications, classes taught, subjects, etc.)

• Details of any accidents/injuries sustained on school property or in connection with the staff member carrying out their school duties

• Records of any reports the school (or its employees) have made in respect of the staff member to State departments and/or other agencies under Children First Act 2015

B) PURPOSES: Staff records are kept for the purposes of:

• the management and administration of school business (now and in the future)

• to facilitate the payment of staff, and calculate other benefits/entitlements (including reckonable service for the purpose of calculation of pension payments, entitlements and/or redundancy payments where relevant)

• to facilitate pension payments in the future

• human resources management

• recording promotions made (documentation relating to promotions applied for) and changes in responsibilities, etc.

• to enable the school to comply with its obligations as an employer, including the preservation of a safe, efficient working and teaching environment (including complying with its responsibilities under the Safety, Health and Welfare at Work Act 2005)

• to enable the school to comply with requirements set down by the Department of Education and Skills, the Revenue Commissioners, the National Council for Special Education, TUSLA, the HSE, and any other governmental, statutory and/or regulatory departments and/or

agencies

• and for compliance with legislation relevant to the school.

C) LOCATION AND SECURITY PROCEDURES OF SWORDS EDUCATE TOGETHER NATIONAL SCHOOL:

• Manual records are kept in a secure, locked filing cabinet in a locked administration office only accessible to personnel who are authorised to use the data. Employees are required to maintain the confidentiality of any data to which they have access.

• Digital records are stored on password-protected computer with adequate encryption and firewall software in a locked office. The school has the burglar alarm activated during out-of school hours.

STUDENT RECORDS

A) CATEGORIES OF STUDENT DATA: These may include:

Information which may be sought and recorded at enrolment and may be collated and compiled during the course of the student’s time in the school. These records may include:

- name, address and contact details, PPS number

- date and place of birth

- names and addresses of parents/guardians and their contact details (including any special arrangements with regard to guardianship, custody or access)

- religious belief

- racial or ethnic origin

- membership of the Traveller community, where relevant

- whether they (or their parents) are medical card holders

- whether English is the student’s first language and/or whether the student requires English language support

- any relevant special conditions (e.g. special educational needs, health issues, etc.) which may apply

Information on previous academic record (including reports, references, assessments and other records from any previous school(s) attended by the student

- Psychological, psychiatric and/or medical assessments

- Attendance records

- Photographs and recorded images of students (including at school events and noting achievements) are managed in line with the Acceptable Usage Policy, School Facebook Policy and other relevant policies as applicable

- Academic record – subjects studied, class assignments, examination results as recorded on official School reports

- Records of significant achievements

- Whether the student is exempt from studying Irish

- Records of disciplinary issues/investigations and/or sanctions imposed

- Other records e.g. records of any serious injuries/accidents, etc. (Note: it is advisable to inform parents that a particular incident is being recorded).

- Records of any reports the school (or its employees) have made in respect of the student to State Departments and/or other agencies under Children First Act 2015.

B) PURPOSES: THE PURPOSES FOR KEEPING STUDENT RECORDS INCLUDE:

to enable each student to develop to his/her full potential

to comply with legislative or administrative requirements

to ensure that eligible students can benefit from the relevant additional teaching or financial supports

to enable parents/guardians to be contacted in the case of emergency or in the case of school closure, or to inform parents of their child’s educational progress or to inform parents of school events, etc.

to meet the educational, social, physical and emotional requirements of the student

photographs and recorded images of students are taken to celebrate school achievements, e.g. compile yearbooks, establish a school website, record school events, and to keep a record of the history of the school. Such records are taken and used in accordance with the Acceptable Usage Policy, School Facebook Policy and other relevant policies as applicable and ‘School Website Privacy Statement’.

to ensure that the student meets the school’s admission criteriato ensure that students meet the minimum age requirement for attendance at Primary School.

to ensure that any student seeking an exemption from Irish meets the criteria in order

to obtain such an exemption from the authorities

to furnish documentation/information about the student to the Department of Education and Skills, the National Council for Special Education, TUSLA, and other schools, etc. in compliance with law and directions issued by government departments

to furnish, when requested by the student (or their parents/guardians in the case of a student under 18 years) documentation/information/references to second-level educational institutions.

C) LOCATION AND SECURITY PROCEDURES:

Manual records are kept in a secure, locked filing cabinet/press in a locked administration office only accessible to personnel who are authorised to use the data. Employees are required to maintain the confidentiality of any data to which they have access.

Digital records are stored on password-protected computer with adequate encryption and firewall software. The school has the burglar alarm activated during out-of-school hours.

BOARD OF MANAGEMENT RECORDS

A) CATEGORIES OF BOARD OF MANAGEMENT DATA:

Name, address and contact details of each member of the Board of Management (including former members of the Board of Management)

Records in relation to appointments to the Board

Minutes of Board of Management meetings and correspondence to the Board which may include references to individuals.

B) PURPOSES: To enable the Board of Management to operate in accordance with the Education Act 1998 and other applicable legislation and to maintain a record of Board appointments and decisions.

C) LOCATION AND SECURITY PROCEDURES:

Digital records are stored on password-protected computer with adequate encryption and firewall software. The school has the burglar alarm activated during out-of-school hours.

OTHER RECORDS: CREDITORS

A) CATEGORIES: The school may hold some or all of the following information about creditors (some

of whom are self-employed individuals):

Name

Address

Contact details

PPS number

Tax details

Bank details and

Amount paid

B) PURPOSES: This information is required for routine management and administration of the school’s financial affairs, including the payment of invoices, the compiling of annual financial accounts and complying with audits and investigations by the Revenue Commissioners.

C) LOCATION AND SECURITY PROCEDURES:

Digital records are stored on password-protected computer with adequate encryption and firewall software. The school has the burglar alarm activated during out-of-school hours.

OTHER RECORDS CHARITY TAX-BACK FORMS

A) CATEGORIES: The school may hold the following data in relation to donors who have made

charitable donations to the school:

Name

Address

Telephone number

PPS number

Tax rate

Signature and

The gross amount of the donation

B) PURPOSES: Schools are entitled to avail of the scheme of tax relief for donations of money they receive. To claim the relief, the donor must complete a certificate (CHY2) and forward it to the school to allow it to claim the grossed up amount of tax associated with the donation. The information requested on the appropriate certificate is the parents’ name, address, PPS number, tax rate, telephone number, signature and the gross amount of the donation. This is retained by the School in the event of audit by the Revenue Commissioners.

C) LOCATION AND SECURITY PROCEDURES:

Digital records are stored on password-protected computer with adequate encryption and firewall software. The school has the burglar alarm activated during out-of-school hours.

CCTV IMAGES/RECORDINGS

A) CATEGORIES: CCTV is installed in Swords Educate Together National School.

cameras are installed externally – outside the main entrance and facing the front gate

cameras are installed internally on the lower corridor

These CCTV systems may record images of staff, students and members of the public who visit the premises.

The viewing station is in the main school administration office and Principal’s Office.

B) PURPOSES: Safety and security of staff, students and visitors and to safeguard school property and equipment.

C) LOCATION AND SECURITY PROCEDURES: Access to images/recordings is restricted to the Principal and Deputy Principal of the school. Recordings are retained for 28 days, except if required for the investigation of an incident. Images/recordings may be viewed or made

available to An Garda Síochána pursuant to Data Protection Acts legislation.

EXAMINATION RESULTS

A) CATEGORIES: The school will hold data comprising examination results in respect of its

students. These include:

class, mid-term, annual and continuous assessment results,

Diagnostic Test results

and the results of Standardised Tests

B) PURPOSES: The main purpose for which these examination results are held is to monitor a

student’s progress and to provide a sound basis for advising them and their parents or

guardians about educational attainment levels and recommendations for the future. The

data may also be aggregated for statistical/reporting purposes, such as to compile results

tables. The data may be transferred to the Department of Education and Skills, the National

Council for Curriculum and Assessment and other schools to which a pupil will move to.

C) LOCATION AND SECURITY PROCEDURES:

Digital records are stored on password-protected computer with adequate encryption and firewall software. The school has the burglar alarm activated during out-of-school hours.