WHO WE ARE
The Jersey College for Girls and Jersey College Preparatory School (the College) hold information on students in order to run the College and in doing so have to comply with the Data Protection (Jersey) Law 2018. This means that the personal data held on students, staff, governors and suppliers must only be used for specific purposes allowed by Law. This statement outlines the types of data held, why that data is held, and to whom it may be passed.
WHAT THIS PRIVACY NOTICE IS FOR
This policy is intended to provide information about how the College will use (or “process”) personal data about individuals including: its staff; its current, past and prospective pupils; and their parents, carers or guardians (referred to in this policy as “parents”).
This information is provided because Data Protection Law gives individuals rights to understand how their data is used. Staff, parents and pupils are all encouraged to read this Privacy Notice and understand the College’s obligations to its entire community.
This Privacy Notice applies alongside any other information the College may provide about a particular use of personal data, for example when collecting data via an online or paper form.
This Privacy Notice also applies in addition to the College’s other relevant terms and conditions and policies, including:
Anyone who works for, or acts on behalf of, the College (including staff, volunteers, governors and service providers) should also be aware of and comply with this Privacy Notice, which also provides further information about how personal data about those individuals will be used.
RESPONSIBILITY FOR DATA PROTECTION
The College has appointed the Bursar as Privacy and Compliance Officer who will deal with all your requests and enquiries concerning the College’s uses of your personal data (see section on Your Rights below) and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law.
WHY THE COLLEGE NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to staff, pupils and parents, the College needs to process a wide range of personal data about individuals (including current, past and prospective staff, pupils or parents) as part of its daily operation.
Some of this activity the College will need to carry out in order to fulfil its legal rights, duties or obligations – including those under a contract with its staff, or parents of its pupils.
Other uses of personal data will be made in accordance with the College’s legitimate interests, or the legitimate interests of another, provided that these are not outweighed by the impact on individuals, and provided it does not involve special or sensitive types of data.
The College expects that the following uses will fall within that category of its (or its community’s) “legitimate interests”:
In addition, the College will on occasion need to process special category personal data (concerning health, ethnicity, religion, biometrics or sexual life) or criminal records information (such as when carrying out DBS checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required. These reasons will include:
TYPES OF PERSONAL DATA PROCESSED BY THE COLLEGE
This will include by way of example:
HOW THE COLLEGE COLLECTS DATA
Generally, the College receives personal data from the individual directly (including, in the case of pupils, from their parents). This may be via a form, or simply in the ordinary course of interaction or communication (such as email or written assessments).
However in some cases personal data will be supplied by third parties (for example another school, or other professionals or authorities working with that individual); or collected from publicly available resources.
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE COLLEGE SHARES IT WITH
Occasionally, the College will need to share personal information relating to its community with third parties, such as:
For the most part, personal data collected by the College will remain within the College, and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a ‘need to know’ basis). Particularly strict rules of access apply in the context of:
However, a certain amount of any SEN pupil’s relevant information will need to be provided to staff more widely in the context of providing the necessary care and education that the pupil requires.
Staff, pupils and parents are reminded that the College is under duties imposed by law and statutory guidance to record or report incidents and concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes on personnel or safeguarding files, and in some cases referrals to relevant authorities. For further information about this, please view the College’s Safeguarding Policy.
In accordance with Data Protection Law, some of the College’s processing activity is carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This is always subject to contractual assurances that personal data will be kept securely and only in accordance with the College’s specific directions.
Finally, staff, pupils and parents should note that data will be taken off site by organisers of school trips or excursions. This is necessary to take appropriate action in the event of an emergency, incident or accident, including by disclosing details of an individual’s medical condition or other relevant information where it is in the individual’s interests to do so: for example for medical advice.
HOW LONG WE KEEP PERSONAL DATA
The College will retain personal data securely and only in line with how long it is necessary to keep for a legitimate and lawful reason, as per the States of Jersey retention schedules.
If you have any specific queries about how our retention policy is applied, or wish to request that personal data that you no longer believe to be relevant is considered for erasure, please contact the Bursar. However, please bear in mind that the College will often have lawful and necessary reasons to hold on to some personal data even following such request.
A limited and reasonable amount of information will be kept for archiving purposes, for example; and even where you have requested we no longer keep in touch with you, we will need to keep a record of the fact in order to fulfil your wishes (called a “suppression record”).
Individuals have various rights under Data Protection Law to access and understand personal data about them held by the College, and in some cases ask for it to be erased or amended or have it transferred to others, or for the College to stop processing it – but subject to certain exemptions and limitations.
Any individual wishing to access or amend their personal data, or wishing it to be transferred to another person or organisation, or who has some other objection to how their personal data is used, should put their request in writing to the Bursar.
The College will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event within statutory time-limits.
The College will be better able to respond quickly to smaller, targeted requests for information. If the request for information is manifestly excessive or similar to previous requests, the College may ask you to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).
You should be aware that the right of access is limited to your own personal data, and certain data is exempt from the right of access. This will include information which identifies other individuals (and parents need to be aware this may include their own children, in certain limited situations – please see further below), or information which is subject to legal privilege (for example legal advice given to or sought by the College, or documents prepared in connection with a legal action).
The College is also not required to disclose any pupil examination scripts (or other information consisting solely of pupil test answers), provide examination or other test marks ahead of any ordinary publication, nor share any confidential reference given by the College itself for the purposes of the education, training or employment of any individual.
You may have heard of the “right to be forgotten”. However, we will sometimes have compelling reasons to refuse specific requests to amend, delete or stop processing your (or your child’s) personal data: for example, a legal requirement, or where it falls within a legitimate interest identified in this Privacy Notice. All such requests will be considered on their own merits.
Pupils can make subject access requests for their own personal data, provided that, in the reasonable opinion of the College, they have sufficient maturity to understand the request they are making (see section Whose Rights? below). A pupil of any age may ask a parent or other representative to make a subject access request on his/her behalf.
Indeed, while a person with parental responsibility will generally be entitled to make a subject access request on behalf of younger pupils, the law still considers the information in question to be the child’s: for older pupils, the parent making the request may need to evidence their child’s authority for the specific request.
Pupils aged 13 and above are generally assumed to have this level of maturity, although this will depend on both the child and the personal data requested, including any relevant circumstances at home.
It should be clearly understood that the rules on subject access are not the sole basis on which information requests are handled. Parents may not have a statutory right to information, but they and others will often have a legitimate interest or expectation in receiving certain information about pupils without their consent. The College may consider there are lawful grounds for sharing with or without reference to that pupil.
Parents will in general receive educational and pastoral updates about their children.
All information requests from, on behalf of, or concerning pupils – whether made under subject access or simply as an incidental request – will therefore be considered on a case by case basis.
Where the College is relying on consent as a means to process personal data, any person may withdraw this consent at any time (subject to similar age considerations as above). Please be aware however that the College may not be relying on consent but have another lawful reason to process the personal data in question even without your consent.
That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under some form of contract or agreement with the individual (e.g. an employment or parent contract, or because a purchase of goods, services or membership of an organisation such as an alumni or parents’ association has been requested).
The rights under Data Protection Law belong to the individual to whom the data relates. However, the College will often rely on parental authority or notice for the necessary ways it processes personal data relating to pupils – for example via a form. Parents and pupils should be aware that this is not necessarily the same as the College relying on strict consent (see section on Consent above).
Where consent is required, it may in some cases be necessary or appropriate – given the nature of the processing in question, and the pupil’s age and understanding – to seek the pupil’s consent. Parents should be aware that in such situations they may not be consulted, depending on the interests of the child, the parents’ rights at law or under their contract, and all the circumstances.
In general, the College will assume that pupils’ consent is not required for ordinary disclosure of their personal data to their parents, e.g. for the purposes of keeping parents informed about the pupil’s activities, progress and behaviour, and in the interests of the pupil’s welfare. That is unless, in the College’s opinion, there is a good reason to do otherwise.
However, where a pupil seeks to raise concerns confidentially with a member of staff and expressly withholds their agreement to their personal data being disclosed to their parents, the College may be under an obligation to maintain confidentiality unless, in the College’s opinion, there is a good reason to do otherwise; for example where the College believes disclosure will be in the best interests of the pupil or other pupils, or if required by law.
Pupils and staff are required to respect the personal data and privacy of others, and to comply with the College’s policies, e.g. acceptable use policy and the College rules.
DATA ACCURACY AND SECURITY
The College will endeavour to ensure that all personal data held in relation to an individual is as up to date and accurate as possible. Individuals must please notify the Office of any changes to information, such as contact details, held about them.
An individual has the right to request that any out-of-date, irrelevant or inaccurate or information about them is erased or corrected (subject to certain exemptions and limitations under Data Protection Law): please see above for details of why the College may need to process your data, of who you may contact if you disagree.
The College will take appropriate technical and organisational steps to ensure the security of personal data about individuals, including policies around use of technology and devices, and access to College systems. All staff and governors will be made aware of this policy and their duties under Data Protection Law and receive relevant training.
The College will update this Privacy Notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.
QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to the Bursar.
If an individual believes that the College has not complied with this policy or acted otherwise than in accordance with Data Protection Law, they should notify the Bursar.
The Office of the Bursar, Pierre Louw, can be contacted in the following ways:
Telephone: +44 (0) 1534 516200
Fax +44 (0) 1534 516201
Jersey College for Girls
Jersey, JE2 7YB
You can also make a referral to or lodge a complaint with the Office of the Information Commissioner, although the OIC recommends that steps are taken to resolve the matter with the College before involving the regulator.
The Office of the Information Commissioner can be contacted in the following ways:
Telephone: +44 (0)1534 716530
Office of the Information Commissioner
One Liberty Place, Liberty Wharf,
Jersey, JE2 3NY
Date 28 November 2018.