Fair processing

To meet requirements imposed by the Data Protection Act 1998, schools need to issue a 'Fair Processing Notice' to parents/pupils during the autumn term for the academic year 2008/09, summarising the personal information held about pupils, why it is held, and the third parties to whom it may be passed.

Guidance for schools on doing this is available as a download on the right-hand side of this page.

This year, after consultation with the Information Commissioner, the suggested Fair Processing Notice from the DCSF comes in two layers:

Layer One is a brief one/two page notice.

This layer is to be issued (in paper-form) for all pupils on roll by Friday 24 October 2008. The DCSF suggests that the Layer One notice is accompanied by an appropriate data sheet showing what information is held about the pupil and the parents/carers.

Layer Two is the full Fair Processing Notice.

Schools are not required to issue Layer Two. Both layers (categorised according to whether schools have or do not have secondary age pupils) are available as downloads on the right-hand side of this page should parents wish to access the information. Schools may also wish to make them available on their own website. Hard copies of Layer Two must be available from schools on demand for those parents requesting one.

Before issuing any of the layers, schools will need to ensure that the details indicated in red on the document have been amended/completed to make the notice relevant for their establishment.

These layers and guidance supersede those issued to schools previously in September 2007

Even if a Fair Processing Notice has been previously issued to pupils, this new version of the notice MUST be issued during the Autumn Term 2008, prior to the January 2009 School Census which will provide the first collection of pupil and parent/carer data for ContactPoint. ContactPoint is a directory which will help people who work with children to quickly find out who else is working with the same child, making it easier to deliver more coordinated support.

Appendix A and Appendix B of the Fair Processing Guidance document also provide the Layer One Notices for schools.

Where a pupil is younger than 12 years old, the Fair Processing Notice needs to be provided to the parent (or the person with parental responsibility). The parent should be encouraged to share it with the pupil if the pupil is able to understand it. Where a pupil is aged 12 or more, the Fair Processing Notice needs to be provided to both the pupil and parent. In addition, when a pupil reaches the age of 16, the Fair Processing Notice needs to be reissued (further details given in the guidance notes).

A model letter which schools may wish to use when issuing the Layer One Fair Processing Notices to parents/pupils is also provided as a download on the right-hand side of this page. The information indicated in red on the letter will need to be deleted/included/amended by the school to make the letter appropriate before it is sent out.

Schools need to ensure that the same notice is issued to new pupils and/or their parents throughout the year as part of the enrolment process.

The DSCF is not currently offering the text of the Fair Processing Notice in languages in addition to English. However, if a translation into another language is required, schools should contact the Planning & Performance Team in the Children's Services Directorate on 01305 225073.

Once schools have issued the Layer One Fair Processing Notice, the Headteacher's Declaration form, available as a download, needs to be returned by post/fax.

Pupils, as data subjects, have certain rights under the Data Protection Act, including a general right of access to personal data held on them, with parents exercising this right on their behalf if they are too young to do so themselves. If pupils wish to access the personal data held on them (or their parents are to do so on their behalf), the relevant organisation should be contacted in writing. Postal addresses are provided below with links to websites given on the right-hand side of this page.

The Local Authority (LA)

Data Protection Officer, Records Management, Legal and Democratic Services, Corporate Resources, Dorset County Council, Colliton Park, DORCHESTER, Dorset, DT1 1XJ www.dorsetforyou.com

The Qualifications and Curriculum Authority (QCA)

Data Protection Officer, QCA, 83 Piccadilly, London, W1J 8QA

Ofsted

Data Protection Officer, Alexandra House, 33 Kingsway, London, WC2B 6SE

The Learning and Skills Council (LSC)

Data Protection Officer, Cheylesmore House, Quinton Road, Coventry, Warwickshire, CV1 2WT

Dorset Primary Care Trust (PCT)

Trust Records Manager, Dorset PCT, Forston Clinic, Near Charminster, Dorchester, Dorset, DT2 9TB

The Department of Health (DH)

Data Protection Officer, Skipton House, 80 London Road, London, SE1 6LH

The Department for Children, Schools and Families (DCSF)

Data Protection Officer, DCSF, Sanctuary Buildings. Great Smith Street, London, SW1Y 3BT