Data Protection Policy

KILBRIDE NATIONAL SCHOOL

Ní neart go cur le chéile

Data Protection Policy

Introductory Statement

The school’s Data Protection Policy applies to the personal data held by the school which is protected by the Data Protection Acts 1988, 2003 and 2018.

The policy applies to all school staff, the Board of Management, parents/guardians, pupils, and others (including prospective or potential pupils and their parents/ guardians and applicants for staff positions within the school) insofar as the measures under the policy relate to them. Data will be stored securely, so that confidential information is protected in compliance with relevant legislation. This policy sets out the way personal data and sensitive personal data will be protected by the school.

Data Protection Principles

The school is a data controller of personal datarelating to its past, present, and future staff, pupils, parents/guardians, and other members of the school community. As such, the school is obliged to comply with the principles of data protection set out in the Data Protection Acts 1988, 2003 and 2018 which can be summarised as follows:

Personal Data: Information on pupils is gathered with the help of parents/guardians and staff. Information is also transferred from their previous schools. In relation to information the school holds on other individuals (members of staff, individuals applying for positions within the school, parents/guardians of pupils etc.), the information is generally furnished by the individuals themselves with full and informed consent and compiled during their employment or contact with the school. All such data is treated in accordance with the Data Protection Acts and the terms of this Data Protection Policy. The information will be obtained and processed fairly.

The school will inform individuals of the reasons they collect their data and will inform individuals of the uses to which their data will be put. All information is always kept with the best interest of the individual in mind.

Data relating to individuals will only be processed in a manner consistent with the purposes for which it was gathered. Information will only be disclosed on a need-to-know basis, and access to it will be strictly controlled.

Only those with a genuine reason for doing so may gain access to the information. Sensitive Personal Data is securely stored under lock and key in the case of manual records and protected with firewall software and password protection in the case of electronically stored data. Portable devices storing personal data (such as laptops) should be encrypted and password protected before they are removed from the school premises. Confidential information will be stored securely and in relevant circumstances, it will be placed in a separate file which can easily be removed if access to general records is granted to anyone not entitled to see the confidential data.

Pupils, parents/guardians, and/or staff should inform the school of any change which the school should make to their personal data and/or sensitive personal data to ensure that the individual’s data is accurate, complete, and up to date. Once informed, the school will make all necessary changes to the relevant records. The principal may delegate such updates/amendments to another member of staff. However, records must not be altered or destroyed without proper authorisation. If alteration/correction is required, then a note of the fact of such authorisation and the alteration(s) to be made to any original record/documentation should be dated and signed by the person making that change.

Only the necessary amount of information required to provide an adequate service will be gathered and stored.

The information will be kept for the duration of the individual’s time in the school. Thereafter, the school will comply with Department of Education (DE) guidelines on the storage of Personal Data and Sensitive Personal Data relating to a pupil. In the case of members of staff, the school will comply with both DE guidelines and the requirements of the Revenue Commissioners regarding the retention of records relating to employees. The school may also retain the data relating to an individual for a longer length of time for the purposes of complying with relevant provisions of law and or/defending a claim under employment legislation and/or contract and/or civil law.

Individuals have a right to know what personal data/sensitive personal data is held about them, by whom, and the purpose for which it is held.

The Scope and Purpose of the Policy

The Data Protection Acts 1988, 2003 and 2018 apply to the keeping and processing of Personal Data, both in manual and electronic form. The purpose of this policy is to assist the school to meet its statutory obligations, to explain those obligations to school staff, and to inform staff, pupils, and their parents/guardians how their data will be treated.

The policy applies to all school staff, the board of management, parents/guardians, pupils, and others (including prospective or potential pupils and their parents/guardians, and applicants for staff positions within the school) insofar as the school handles or processes their Personal Data during their dealings with the school.

Definition of Data Protection Terms

To properly understand the school’s obligations, there are some key terms which should be understood:

Data means information in a form that can be processed. It includes both automated data (e.g., electronic data) and manual data. Automated datameans any information on computer, or information recorded with the intention that it be processed by computer. Manual data means information that is kept/recorded as part of a relevant filing system or with the intention that it form part of a relevant filingsystem.

Relevant filing system means any set of information that, while not computerised, is structured by reference to individuals or by reference to criteria relating to individuals, so that specific information relating to a particular individual is readily, quickly, and easily accessible.

Personal Data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the Data Controlleri.e., the school.

Sensitive Personal Data refers to Personal Data regarding a person’s

Racial or ethnic origin, political opinions or religious or philosophical beliefs.
Membership of a trade union.
Physical or mental health or condition or sexual life.
Medical records, records regarding special educational needs etc.
Commission or alleged commission of any offence or
Any proceedings for an offence committed or alleged to have been committed by the person, the disposal of such proceedings or the sentence of any court in such proceedings, criminal convictions or the alleged commission of an offence.

Data Controller for the purpose of this policy is the Board of Management of Kilbride National School.

Rationale

In addition to its legal obligations under the broad remit of educational legislation, the school has a legal responsibility to comply with the Data Protection Acts, 1988, 2003 and 2018.

This policy explains what sort of data is collected, why it is collected, for how long it will be stored and with whom it will be shared. As more and more data are generated electronically and as technological advances enable the easy distribution and retention of this data, the challenge of meeting the school’s legal responsibilities has increased.

The school takes its responsibilities under data protection law very seriously and wishes to put in place safe practices to safeguard individual’s personal data. It is also recognised that recording information accurately and storing it safely facilitates an evaluation of the information, enabling the principal and board of management to make decisions in respect of the efficient running of the school. The efficient handling of data is also essential to ensure that there is consistency and continuity where there are changes of personnel within the school and board of management.

Other Legal Obligations

Implementation of this policy considers the school’s other legal obligations and responsibilities. Some of these are directly relevant to data protection. For example:

Under Section 9(g) of the Education Act, 1998, the parents of a pupil, or a pupil who has reached the age of 18 years, must be given access to records kept by the school relating to the progress of the pupil in their education.

Under Section 20 of the Education (Welfare) Act, 2000, the school must maintain a register of all pupils attending the school.

Under section 20(5) of the Education (Welfare) Act, 2000, a principal is obliged to notify certain information relating to the child’s attendance in school and other matters relating to the child’s educational progress to the principal of another school to which a pupil is transferring.

Under Section 21 of the Education (Welfare) Act, 2000, the school must record the attendance or non-attendance of pupils registered at the school on each school day.

Under Section 28 of the Education (Welfare) Act, 2000, the School may supply Personal Data kept by it to certain prescribed bodies (the DE, the Educational Welfare Board of An Tusla, the National Council for Special Education (NCSE), other schools, other centres of education) provided the school is satisfied that it will be used for a “relevant purpose” (which includes recording a person’s educational or training history or monitoring their educational or training progress in order to ascertain how best they may be assisted in availing of educational or training opportunities or in developing their educational potential; or for carrying out research into examinations, participation in education and the general effectiveness of education or training).

Under Section 14 of the Education for Persons with Special Educational Needs Act, 2004, the school is required to furnish to the NCSE (and its employees, which would include Special Educational Needs Organisers (“SENOs”)) such information as the Council may from time-to-time reasonably request.

The Freedom of Information Act 1997 provides a qualified right to access to information held by public bodies which does not necessarily have to be “personal data” as with data protection legislation. While schools are not currently subject to freedom of information legislation, if a school has furnished information to a body covered by the Freedom of Information Act (such as the DE etc.) these records could be disclosed if a request is made to that body.

Under Section 26(4) of the Health Act, 1947 a school shall cause all reasonable facilities (including facilities for obtaining names and addresses of pupils attending the school) to be given to a health authority who has served a notice on it of medical inspection, e.g., a dental inspection.

Under Children First: National Guidance for the Protection and Welfare of Children (2011) published by the Department of Children & Youth Affairs, schools, their boards of management and their staff have responsibilities to report child abuse or neglect to TUSLA - Child and Family Agency (or in the event of an emergency and the unavailability of TUSLA, to An Garda Síochána).

Relationship to characteristic spirit of the school (School’s mission/vision/aims)

Because Kilbride National School is a Catholic School, we seek to develop a sense of community that attempts to live out the teaching of Christ, especially in our treatment of others. We endeavour to develop the spiritual, intellectual, social, cultural, and physical potential of all our pupils. With the co-operation of the parents, this potential is developed as fully as possible, so that each pupil can achieve success at his or her own level of ability.

Kilbride National School seeks to develop the unique potential of each pupil. With the co-operation of the parents every effort is made to ensure that each pupil can achieve success at his or her own level of ability. Religion is an important part of life, and every pupil is encouraged to deepen his or her faith and to develop for themselves, a reasoned basis for the practice of that faith.

We aim to achieve these goals while respecting the privacy and data protection rights of pupils, staff, parents/guardians, and others who interact with us. The school wishes to achieve these aims/missions while fully respecting individuals’ rights to privacy and rights under the Data Protection Acts.

Personal Data

The Personal Data records held by the school may include:

Staff records

Categories of staff data: As well as existing members of staff (and former members of staff), these records may also relate to applicants applying for positions within the school, trainee teachers and teachers under probation. These staff records may include:

Name, address and contact details, PPS number.
Original records of application and appointment to promotion posts.
Details of approved absences (career breaks, parental leave, study leave etc.) Details of work record (qualifications, classes taught, subjects etc.)
Details of any accidents/injuries sustained on school property or in connection with the staff member carrying out their school duties.
Records of any reports the school (or its employees) have made in respect of the staff member to State departments and/or other agencies under mandatory reporting legislation and/or child-safeguarding guidelines (subject to the DE Child Protection Procedures).
Records of meetings held with individual teachers where such records are necessary for the protection of the individuals concerned.
Garda vetting outcome record.

Purposes: Staff records are kept for the purposes of:

The management and administration of school business (now and in the future)
To facilitate the payment of staff, and calculate other benefits/ entitlements (including reckonable service for the purpose of calculation of pension payments, entitlements and/or redundancy payments where relevant)
To facilitate pension payments in the future.
Human resources management.
Recording promotions made (documentation relating to promotions applied for) and changes in responsibilities etc.
To enable the school to comply with its obligations as an employer including the preservation of a safe, efficient working and teaching environment (including complying with its responsibilities under the Safety, Health, and Welfare at Work Act. 2005)
To enable the school to comply with requirements set down by the DE, the Revenue Commissioners, the NCSE, TUSLA, the HSE, and any other governmental, statutory and/or regulatory departments and/or agencies.
For compliance with legislation relevant to the school.

Location: In a secure, locked filing cabinet and in electronic format that is password / access protected and in such a way that only personnel who are authorised to use the data can access. Employees are required to maintain the confidentiality of any data to which they have access.

Security: Records are kept in manual record form and electronic form. Personal files are securely kept within the relevant filing system in the principal’s office and in computer record form on our database packages. Electronic Data is password protected; we use NCTE firewall software and adequate levels of encryption.

Pupil records

Categories of pupil data: These may include:

Information which may be sought and recorded at enrolment and may be collated and compiled during the pupil’s time in the school. These records may include:
Name, address and contact details, PPS number.
Date and place of birth.
Names and addresses of parents/guardians and their contact details (including any special arrangements regarding guardianship, custody, or access).
Religious belief.
Racial or ethnic origin.
Membership of the Traveller community, where relevant.
Whether they (or their parents) are medical card holder.
Whether English is the pupil’s first language and/or whether the pupil requires English language support.

Any relevant special conditions (e.g., special educational needs, health issues etc.) which may apply.
Information on previous academic record (including reports, references, assessments, and other records from any previous school(s) attended by the pupil.
Psychological, psychiatric and/or medical assessments.
Attendance records.
Photographs and recorded images of pupils (including at school events and noting achievements). The school policy requires that parents give consent for such images to be taken and used for such purposes.
Academic record – subjects studied, class assignments, standardised results as recorded on official School reports.
Records of significant achievements.
Whether the pupil is exempt from studying Irish.
Records of disciplinary issues/investigations and/or sanctions imposed.
Other records e.g., records of any serious injuries/accidents etc.
Records of any reports the school (or its employees) have made in respect of the pupil to State departments and/or other agencies under mandatory reporting legislation and/or child safeguarding guidelines (subject to the DE Child Protection Procedures).

Purposes: The purposes for keeping pupil records are:

To enable each pupil to develop to their full potential.
To comply with legislative or administrative requirements.
To ensure that eligible pupils can benefit from the relevant additional teaching or financial supports.
To support the provision of religious instruction.
To enable parents/guardians to be contacted in the case of emergency or in the case of school closure or to inform parents of their child’s educational progress or to inform parents of school events etc.
To meet the educational, social, physical, and emotional requirements of the pupil.
Photographs and recorded images of pupils are taken to celebrate school achievements, compile yearbooks, establish a school website, record school events, and to keep a record of the history of the school. The school policy requires that parents give consent for such images to be taken and used for such purposes.
To ensure that the pupil meets the school’s admission criteria.
To ensure that any pupil seeking an exemption from Irish meets the criteria to obtain such an exemption from the authorities.
To furnish documentation/ information about the pupil to the DE, the NCSE, TUSLA, and other schools etc. in compliance with law and directions issued by government departments.
To furnish, when requested by the pupil (or their parents/guardians in the case of a pupil under 18 years) documentation/information/ references to third-level educational institutions and/or prospective employers.

Location: In a secure, locked filing cabinet and in electronic format on our school database that is password protected in such a way that only personnel who are authorised to use the data can access the data. Employees are required to maintain the confidentiality of any data to which they have access.

Security: records are kept as manual records: a personal file is kept within the relevant filing system in the office and on computer database. The office where files are kept is locked and only accessed through the principal’s office or administrative office. All electronic files are password protected, and with the use of firewall protection software.

Some of the above records are stored in the School Archive after an individual has graduated from the school. See the section of this policy headed Data Protection Principles.

Board of Management Records

Categories of Board of Managementdata: These may include:

Name, address, and contact details of each member of the board of management (including former members of the board of management).
Records in relation to appointments to the Board.
Minutes of Board of Management meetings and correspondence to the Board which may include references to individuals.

Purposes: To enable the Board of Management to operate in accordance with the Education Act 1998 and other applicable legislation and to maintain a record of board appointments and decisions.

Location: In a secure, locked filing cabinet and in electronic format that is password / access protected in such a way that only personnel who are authorised to use the data can access it. Employees are required to maintain the confidentiality of any data to which they have access.

Security: Records are kept in manual records e.g., a personal file within a relevant filing system, as computer records and on our database. The filing cabinet where records are kept is locked, electronic equipment and data is password protected and we have firewall security software with adequate levels of encryption.

Some of the above records are stored in the School Archive. See the section of this policy headed Data Protection Principles.

Other Records

For example: Details of contractors, suppliers etc.

The school will hold other records relating to individuals. The format in which these records will be kept are on manual record within the relevant filing system, and on computer record / database. Some examples of the type of other records which the school will hold are set out below (this list is not exhaustive):

Creditors

Categories of data: the school may hold some or all the following information about creditors (some of whom are self-employed individuals):

name
address
contact details
PPS number
tax details
bank details
amount paid

Purposes: This information is required for routine management and administration of the school’s

financial affairs, including the payment of invoices, the compiling of annual financial accounts and

complying with audits and investigations by the Revenue Commissioners.

Location: In a secure, locked filing cabinet that only personnel who are authorised to use the data can access. Employees are required to maintain the confidentiality of any data to which they have access.

Security: Records are kept e.g., on manual record as a personal file within the relevant filing system, on computer record / database). Security measures employed include locks, padlocks, password protection, firewall software and adequate levels of encryption.

Some of the above records are stored in the School Archive. See the section of this policy headed Data Protection Principles.

Charity Tax-Back Forms

Categories of data: the school may hold the following data in relation to donors who have made

charitable donations to the school:

name
address
telephone number
PPS number
tax rate
signature and
the gross amount of the donation.

Purposes: Schools are entitled to avail of the scheme of tax relief for donations of money they receive. To claim the relief, the donor must complete a certificate (CHY2) and forward it to the school to allow it to claim the grossed-up amount of tax associated with the donation. The information requested on the appropriate certificate is the parents’ name, address, PPS Number, tax rate, telephone number, signature, and the gross amount of the donation. This is retained by the school in the case of audit by the Revenue Commissioners.

Security: These records are kept as manual records and on computer record / database. Security measures employed include, locks, padlocks, password protection, firewall software and adequate levels of encryption.

Some of the above records are stored in the School Archive. See the section of this policy headed Data Protection Principles.

CCTV Images/Recordings

Categories: CCTV is installed in the office but only looks externally i.e., perimeter walls/fencing. The CCTV system may record images of staff, pupils and members of the public who visit the premises.

Purposes: Safety and security of staff, pupils, and visitors and to safeguard school property and

equipment.

Location: Cameras are located externally as detailed in the CCTV Policy and plan / legend.

Recording equipment is in the Principal’s office.

Security: Access to images/recordings is restricted to the principal & deputy principal of the school.

Assessment Tests

Categories: The school will hold data comprising standardised results in respect of its pupils. These include class, mid-term, annual and continuous assessment results.

Purposes: The main purpose for which these standardised testing results and other records are held is to monitor a pupil’s progress and to provide a sound basis for their progress.

Location: In a secure, locked filing cabinet and on our school database that is password and access protected such that only personnel who are authorised to use the data can have access. Employees are required to maintain the confidentiality of any data to which they have access.

Security: These records are kept, in manual record within the relevant filing system, and on computer record / database in the school office for current pupils and in the school archive for past pupils. Security measures include locks on filing cabinet, padlocks on the door where archives are stored, electronic data is password protected, we employ firewall software and adequate levels of encryption.

September Returns

Categories: At the beginning of each academic year, parents/guardians and pupils are asked to provide the school with certain information so that the school can make returns to the DE referred to as “September Returns”. These September Returns will include sensitive personal data regarding personal circumstances which are provided by parents/guardians and pupils based on explicit and informed consent. The September Return contains individualised data (such as an individual pupil’s PPS number) which acts as an “identifier” for the DE to validate the data that belongs to a recognised pupil. The DE also transfers some of this data to other government departments and other State bodies to comply with legislation, such as transfers to the Department of Social Protection pursuant to the Social Welfare Acts, transfers to the Educational Research Centre, and transfers to the Central Statistics Office pursuant to the Statistics Acts. The data will also be used by the DE for statistical, policymaking and research purposes. However, the DE advises that it does not use individual data, but rather aggregated data is grouped together for these purposes. The DE has a data protection policy which can be viewed on its website (www.education.ie). The DE has also published a “Fair Processing Notice” to explain how the personal data of pupils and contained in September Returns is processed. This can also be found on www.education.ie (search for Circular Letter 0047/2010 in the “Circulars” section).

Purposes: The school asks parents/guardians and pupils to complete September Returns for the

purposes of complying with DE requirements to determine staffing and resource allocations and

to facilitate the orderly running of the school. The main purpose of the September Returns is for the

DE to determine whether the pupil qualifies for English language support and/or additional

resources and support to meet their educational needs. The September Returns are submitted to the DE electronically. The DES has their own policy governing the security of the data sent to them by all primary schools. The co-operation of each pupil and/or their parents/guardians in completing the September Return is greatly appreciated as the school’s aim is to ensure that each pupil is assisted in every way to ensure that s/he meets his/her full potential.

Location: All such data is kept in a secure, locked filing cabinet and in electronic format that is password / access protected and in such a way that only personnel who are authorised to use the data can access. Employees are required to maintain the confidentiality of any data to which they have access.

Security: These records are kept in manual record form and on computer record / database. Security measures include locks & padlocks on rooms where data is stored, password protection on electronic devices where data is stored, firewall software and adequate levels of encryption.

Some of the above records are stored in the School Archive. See the section of this policy headed Data Protection Principles.

Links to other policies and to curriculum delivery

Our school policies need to be consistent with one another, within the framework of the overall School Plan. Relevant school policies already in place or being developed or reviewed, shall be examined with reference to the data protection policy and any implications which it has for them shall be addressed.

The following policies may be among those considered:

Child Protection Policy
Anti-Bullying Policy
Code of Behaviour
Mobile Phone and Electronics Policy
Admissions/Enrolment Policy
School Tour Policy
CCTV Policy
Substance Use Policy
ICT Acceptable Usage Policy
SPHE Policy

Processing in line with data subject’s rights

Data in this school will be processed in line with the data subjects' rights.

Data subjects have a right to:

Request access to any data held about them by a data controller.
Prevent the processing of their data for direct-marketing purposes.
Ask to have inaccurate data amended.
Prevent processing that is likely to cause damage or distress to themselves or anyone else.

Dealing with data access requests

Section 3 access request

Under Section 3 of the Data Protection Acts, an individual has the right to be informed whether the school holds data/information about them and to be given a description of the data together with details of the purposes for which their data is being kept. The individual must make this request in writing and the data controller will accede to the request within 21 days.

The right under Section 3 must be distinguished from the much broader right contained in Section 4, where individuals are entitled to a copy of their data.

Section 4 access request

Individuals are entitled to a copy of their personal data on written request.

The individual is entitled to a copy of their personal data (subject to some exemptions and prohibitions set down in Section 5 of the Data Protection Act).
Request must be responded to within 40 days.
Fee may apply but will not exceed €6.35.
Where a subsequent or similar request is made soon after a request has just been dealt with, it is at the discretion of the school as data controller to comply with the second request (no time limit but reasonable interval from the date of compliance with the last access request.) This will be determined on a case-by-case basis.
No personal data can be supplied relating to another individual unless that third party has consented to the disclosure of their data to the applicant. Data will be carefully redacted to omit references to any other individual and only where it has not been possible to redact the data to ensure that the third party is not identifiable would the school refuse to furnish the data to the applicant.

Providing information over the phone

In our school, any employee dealing with telephone enquiries should be careful about disclosing any personal information held by the school over the phone. The employee should:

Check the identity of the caller to ensure that information is only given to a person who is entitled to that information.

Suggest that the caller put their request in writing if the employee is not sure about the identity of the caller and in circumstances where the identity of the caller cannot be verified.
Refer the request to the principal for assistance in difficult situations. No employee should feel forced into disclosing personal information.

Implementation arrangements, roles, and responsibilities

In our school the Board of Management is the data controller, and the principal will be assigned the role of co-ordinating implementation of this Data Protection Policy and for ensuring that staff who handle or have access to Personal Data are familiar with their data protection responsibilities.

The following personnel have responsibility for implementing the Data Protection Policy:

Name	Responsibility
Board of Management	Data Controller
Principal: Deirdre Murphy	Implementation of Policy
Teaching Personnel: As per staff list	Awareness of Responsibilities
Administrative personnel: As per staff list	Security and Confidentiality

Ratification & communication

This Data Protection Policy has been ratified by the Board of Management, and it is the school's agreed Data Protection Policy. It is available and circulated within the school community by means of the school’s website. The entire staff has been briefed on the Data Protection Policy and it has been put into practice in accordance with the specified implementation arrangements. It is important that all concerned are aware of any changes implied in recording information on pupils, staff, and others in the school community.

In this context the following applies:

All records both electronic and manual generated by staff in the course of their employment are and remain the property of the Board of Management.

It is the responsibility of each staff member to ensure that any manual records they have compiled regarding individual pupils are deleted or destroyed when no longer required.
It is the responsibility of all staff to ensure that current information in their possession regarding individual pupils is safeguarded appropriately.
Such information held electronically on laptops, iPads, portable drives, memory sticks etc should be encrypted and password protected.
Manual records, especially teacher handbooks should be always kept secure.
Any loss of electronic or manual records should be immediately reported to the Principal/Deputy Principal.
To ensure that the Board of Management can comply fully with a Section 3 request (within 21 days) all teacher handbooks should be stored securely in teacher classrooms during extended holiday periods.

Parents/guardians and pupils will be informed about this Data Protection Policy at the time of enrolment of the pupil by directing their attention to the school website.

Monitoring the implementation of the policy

The implementation of the policy will be monitored by the principal and the Board of Management.

At least one annual report will be issued to the Board of Management to confirm that the actions/ measures set down under the policy are being implemented.

Reviewing and evaluating the policy

The policy will be reviewed and evaluated annually and as necessary. Ongoing review and evaluation will take cognisance of changing information or guidelines (e.g., from the Data Protection Commissioner, DE or Tusla), legislation and feedback from parents/guardians, pupils, school staff and others. The policy will be revised as necessary in the light of such review and evaluation and within the framework of school planning.

This policy was reviewed by the Board of Management in 2021.

Next Review date: September 2022.