Information
Management in
Schools
Data Collection and Dissemination
04 Data Management>
Fair Processing Notice (FPN) for pupils with effect from January 2009 School Census
The suggested FPN covers the legal responsibilities of the school, as data controller under the Data Protection Act 1998 (DPA), and of the Local Authority, under the Children Act 2004, to provide information to ContactPoint.
This FPN should also be used for pupils in Alternative Provision (AP) or Pupil Referral Units (PRUs), but there is a separate suggested FPN for pupils in Early Years settings.
Schools, LAs, the DCSF and other educational bodies that process personal data about pupils are required by the DPA to issue an FPN to parents to inform them and their child/children of the purposes for which that personal data may be held and used. This includes Non-Maintained Special Schools (NMSSs), City Technology Colleges (CTCs) and Academies.
This 'combined' Fair Processing Notice sets out, in general terms, what the school, the DCSF and other bodies do with the data collected about pupils and saves these organisations sending separate notices.
After discussions with LAs, and with the approval of the Information Commissioner, the suggested FPN for calendar year 2009 comes in two layers instead of the three suggested in 2007/8.
Both documents must be completed by the issuing school and/or LA, including the text necessary to meet local requirements, such as name and address of school. The footnotes in each document indicate where this is required.
- The summary (layer 1) must be sent, in paper-form, together with an appropriate data sheet showing what information is held about the pupil and the parents/carers, to all parents/pupils, during the Autumn 2008 term prior to the first collection of the data in January 2009, or as soon as practical after a pupil joins the school, if they are not on roll at the start of the Autumn 2008 term.
- The full version (layer 2) must be made available on paper, on request, but can be offered on a website, or by email, to reduce the administrative burden on schools.
These two documents, a cover note setting out changes for 2009 and action required, and guidance information are available as downloads below.
For Non-Maintained Special Schools (NMSSs), City Technology Colleges (CTCs) and certain Academies, there is not a requirement for them to share data with their Local Authority (LA), and certain paragraphs — clearly identified in the footnotes — can be omitted from the FPN.
The FPN guidance has been drafted to reflect the law at the date of publication. This is the DCSF's interpretation of the law; the guidance is not intended as a substitute for legal advice, and the point of contact for schools and LAs for such advice will remain the LA's or school's legal department or relevant legal adviser.
The FPN is not being offered by the DCSF in languages in addition to English as it will be more efficient for LAs to determine and respond to local needs, often in collaboration with neighbouring LAs with similar needs.
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Page updated 2 December 2008
