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Data protection and freedom of information

laptop-868816_640Every school is a legal entity in its own right and the Head Teacher and Governing Body have responsibility for ensuring compliance with the Data Protection Act, and Freedom of Information Act and associated guidance and codes of practice.

We can help you navigate this legal minefield and also provide a support service to be used for day to day advice and assistance and as a sounding board.

Data Protection Act – What is covered

The law can be complex and hard to understand and apply. The Information Governance Team will help schools by periodically and proactively disseminating the latest news/guidance and case law that schools ought to be aware of and by providing periodic training. The team will also operate an advisory service for schools to discuss Data Protection and Privacy issues. Schools will be guided through the relevant considerations and receive recommendations about what action is needed in response to difficult Data Protection situations. For example:

  • which legal regime applies
  • what charges can be applied
  • key exemptions
  • Fair Processing Notices
  • use of biometrics
  • dealing with complaints
  • video recording school plays
  • lawful information sharing
  • CCTV regulation and use
  • displaying personal pupil data at events
  • how to handle requests for information
  • disclosing information to external agencies
  • dealing with the Information Commissioner
  • individuals rights

Freedom of Information Act – What is covered

The Act allows any person to submit a request to a public body, (including Schools) for any recorded information it holds. Typically this might be copies of minutes, reports, notes or emails between staff, however, in practice any and all recorded information comes within the scope of the Act. Schools are also required to adopt a publicly available ‘Publication Scheme’.

The Information Governance Team will help schools by periodically and proactively disseminating the latest news/guidance and case law that schools ought to be aware of and by providing periodic training. The team will also operate an advisory service for schools to discuss what actions need to be taken in response to a request for information they may have received under the Act.

We will identify the relevant considerations when responding or drafting a response. This would typically include:

  • which legal regime applies
  • help drafting a refusal notice
  • what charges can be applied
  • key exemptions
  • dealing with complaints
  • applicant’s rights
  • help considering Public Interest factors
  • vexatious or repeated requests
  • transferring requests
  • dealing with the Information Commissioner

Identifying whether the information falls within the scope of the Act.