Cradle Hill Community Primary School Lexden Road Seaford East Sussex BN25 3BA

Tel:

(01323) 892773

e-mail: [email protected] Headteacher: Mrs Maureen Fairhead

Data Protection Policy incorporating Policy on use of Images of Children Date Policy Approved by Policy Committee delegated from Full Governing Body

September 2016

Frequency of review

At least every 2 years

School Lead

Head Teacher

Governing Body Lead

Chair of Governors

Date of next review by Policy Leads

September 2018

Date of next FGB approval

Sept 2018

Statutory and/or trade union basis

Legislation: The Data Protection Act 1998. (with consideration to the eight data protection principles appearing in Schedule 1).

Cradle Hill Community Primary School is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share this commitment. In order to ensure the safety and welfare of our children in all aspects of the curriculum the school will: • Ensure appropriate risk assessments are completed for all trips and visits inside and outside of school. • Ensure all curriculum resources are ordered from preferred suppliers and any substances used are COSHH assessed. • Ensure that our school rules are positively reinforced at all times. • Ensure that all regular parent helpers and other visitors to the school have undergone the DBS process and that staff and regular helpers have undergone the school’s induction process. At Cradle Hill Community Primary School we aim to identify and support all children following the guidance as laid out in the East Sussex Dyslexia Policy.

1.1 Complying with the Data Protection Act Our legal obligations Schools handle and store personal information about pupils, parents or carers, staff, and governors. Under the Data Protection Act 1998, schools are legally obliged to protect this information. We: • • • • • • •

only collect personal information we need for specific purposes keep the information secure ensure the information is relevant and up to date only hold as much information as we need and only for as long as we need it let people know what information is held about them and what it is used for allow these people to see the information that is held about them notify the Information Commissioner’s Office that you process personal information.

1.2 Informing parents and carers We inform all parents and carers that we hold personal information about each pupil and explain how this information is held (please see Statement in School Prospectus, and on our website (www.cradlehill.com) – this is called the Privacy Notice, also called a Fair Processing Notice. 1.3 Allowing individuals to see their information Pupils, their parents or carers, staff and governors have the right to see the personal information we hold about them and to correct the information if it is wrong. Under the Data Protection Act, they can send a subject access written request to the school (for the attention of the Headteacher). 1.4 Notifying the Information Commissioner's Office We have notified the Information Commissioner’s Office (ICO) that we handle personal information. Notification is statutory and failure to do so is a criminal offence. 2.0 Requests for access to personal information

Personal information about pupils 2.1 Pupils' rights There are two distinct rights of access to the information we hold about pupils: •

•

Right to the educational record Under the Education (Pupil Information) (England) Regulations 2005, a parent or legal guardian has the right to access their child’s educational record. Subject access right Under the Data Protection Act 1998, a pupil has a right to see their own information. In general, pupils aged 12 years or older should be considered mature enough to make a request. The maturity of young people varies, so your school should treat each request on a case-by-case basis. A parent or legal guardian may also make a request on behalf of their child. However, a parent will only be able to see all the information about their child if the

child is unable to act on their own behalf or gives their consent for the information to be released to the parent. 2.2 Timescales for dealing with requests If a pupil or parent makes a request for information that contains, wholly or in part, an educational record, we will respond within 15 school days. If a pupil or parent makes a subject access request just for personal information outside the educational record, we will respond promptly and at most within 40 calendar days. 2.3 Withholding information We can withhold information if providing the information: • • • •

is likely to cause harm to the physical or mental health of the pupil or another person would reveal a child is at risk of abuse would reveal information about adoption or parental orders would reveal information about third parties.

2.4 Personal information about other people Under the Data Protection Act 1998, pupils’ parents or legal guardians, staff and governors can ask to see their personal information held by schools. We will respond to such requests promptly or at most within 40 days. 3.0 Children’s Images

Cradle Hill adopts the current ESCC model policy on use of images of children as follows:

Policy for the Use of Images of Children Image taking by parents, legal guardians or family members: • • • • • •

Parents, legal guardians, family members and friends can take images of their child and friends participating in school activities for family and personal use. Parents will be asked annually for their permission before photography is allowed. Before they are allowed to take images during school activities, parents or legal guardians have to sign an annual agreement that any images they take will not be used inappropriately. Parents or family members wishing to take images during an activity will be asked to sign a dated register this is to be set up during academic year 2016 - 2017 Photography and filming will be limited to designated areas. Use of cameras and other equipment will be monitored.

Images for school publications: •

The school will only take and use images that are appropriate and are considered to not be open to misuse.

• • • • • •

If an image of a child is used, the child’s full name will not be published. If a name is published, no image will be used without specific consent. Children will be made aware of why their picture is being taken and how it will be used. Children will be given the option to not have their image used if they are the sole focus of the picture. Children and parents should be encouraged to recognise the value of group photographs or recordings of school events. Images will be kept securely and held by the school for the duration of the pupil’s time there, after which they will be destroyed. Images of children from the school will not be used to illustrate controversial subjects.

Images for the school website: •

School websites are part of the internet and are more easily accessible than paper based school publications. The school will make sure that only appropriate images are used. Image filenames will avoid using children’s full names.

Webcams: •

• •

Webcams are a useful tool for learning. They can allow an individual or class to interact over the internet with others and support links between pupils in different schools, countries and cultures. A webcam will only be used in appropriate circumstances such as a normal class setting. Both children and teachers will be made aware of when a webcam is in use.

CCTV: Not applicable to Cradle Hill CP School but note for future • •

The school may use CCTV in some areas of school property as a security measure. Cameras will only be used in appropriate areas and there will be/is clear signage indicating where it is in operation.

For additional guidance on CCTV, see Czone pages on data protection at https://czone.eastsussex.gov.uk/schoolmanagement/schoolpolicies/dataprotection/Pages/main.a spx Children photographing one another •

Staff will supervise and maintain control over any photographing pupils do during on-school or off-site activities. • Camera phones are less visible and can be used to bully or take inappropriate images. Our school policy is that all phones, including camera phones, brought in by pupils are stored in the main office during school hours. If it is found that cameras or camera phones have been misused, the school will follow its usual disciplinary procedures. Please note that images taken by the media are not covered by this policy and are subject to a separate set of regulations.

Cradle Hill complies with the ESCC guidance on pupil images as follows Parents taking images of pupils at school events Parents, legal guardians and other family members may wish to photograph or make video recordings of their children taking part in school events. The Data Protection Act 1998 does not apply to images taken purely for personal use. The Act should not be used as a reason to stop parents or family members from photographing or recording school events. However, it is important that you take practical steps to ensure that images of children are taken and used safely, as explained below.

Before the event Ensure that parents, legal guardians or family members are aware of their responsibilities for appropriate use of images. See our model cover letter for parents about the use of children’s images. (Word, 34KB) Include a statement on parental responsibility for appropriate use of images in the relevant school policy. See our model school policy for the use of images of children (Word, 60KB). Ask parents or legal guardians for permission for their child to be included in images taken by other parents whose children are also participating in the same school event. Ask every year in the standard school communication if parents wish to change their permission. See our modelconsent form (Word, 44KB). Include a section in the consent form to indicate that any images parents take during school activities will not be used inappropriately. We will use a returnable slip in letters inviting parents or legal guardians to school events. They should sign it to indicate that any images they take during the school activity will not be used inappropriately or published on social media. Consider asking parents, legal guardians or family members to sign a dated register for each event if they wish to take images. Add the parental consent form and the signed statement on parental responsibility to the pupil’s file.

During the event Limit photography, video recording or other image taking to designated areas in the school, for example in the main school hall where the event is taking place, not in backstage areas or classrooms. This information should be given to parents in advance, for example in the invitation letter to the event. Assign a specific time during the event when images can be taken in appropriate settings. This information should be given to parents in advance. Ensure children are appropriately dressed. Ensure that children who should not be photographed, for example those children whose parents have refused consent, are not included in any images. Monitor the use of cameras and other equipment.

After the event Alert parents to the risks of putting children’s images on the internet, including on social networking sites. If parents or family members wish to put images they take during school events on the internet, and those images contain children who are not their family members, they must first obtain the permission of parents or legal guardians of the other children concerned. Consider creating a school DVD or upload of digital images of the event, giving the option for parents to buy or download a copy.

Signed Chair of Governors …………………………………………………..

Date…………………………………

Signed Headteacher……………………………………………………………..

Date……………………………………

To Governors ………………………………………………………………………

Your Child + Our Vision = Their Future