KING EDWARD’S SCHOOL
Title: Privacy Notice
Status Approved
Approved by Governing Board
Current Author TVA/AH
Last Updated/Revised May 2024
Frequency of Review Annually
Date of Next Review May 2025
Application Whole School
Responsibility Bursar/ Data Protection Lead
2
Specific Terms 3
Privacy Notice 4
How we collect your information 5
The types of information we collect 5
The lawful basis on which we collect and use your data 7
When will the School seek to obtain consent? 8
Keeping in touch and supporting the School 9
How we use Particularly Sensitive Information 10
Storing data - how long? 11
Storing data - security measures 11
Sharing your information with others 11
Your rights as a data subject 14
Rights that cannot be fulfilled 14
Pupil Requests 14
Parental Requests 15
Whose Rights 15
Contact and complaints 17
3
Specific Terms
King Edward’s School,
Bath (the School)
King Edward’s School, Bath including the Senior School,
Junior School and Pre-Prep School
King Edward’s School is a
“data controller.”
This means that we are responsible for deciding how we
hold and use personal information about you. We are
required under data protection legislation to notify you of
the information contained in this privacy notice.
Data Protection Officer
(DPO):
Judicium Consulting Limited
Address: 72 Cannon Street, London, EC4N 6AE
Email: dataservices@judicium.com
Web: www.judiciumeducation.co.uk
Lead Contact: Craig Stilwell
Data Protection Lead (DPL)
Tracy Vaid
Email: dataprotection@kesbath.com
Personal data
Any information relating to an identified or identifiable
individual
Special category personal
data and Criminal
Offence data
Personal data revealing racial or ethnic origin, political
opinions, religious beliefs, philosophical beliefs or trade
union membership, Genetic and biometric data, Data
concerning health, sex life or sexual orientation. Criminal
offence data including criminal activity, allegations,
investigations and proceedings.
Record of changes to this notice
June 2023
Adaptation of template notice for KES specific use
Clarification of Data Protection Rights & Responsibilities
Addition of legitimate interest categories including wealth
screening
April 2024
Change of legal basis from consent to legitimate interest
for direct marketing by electronic means (including
fundraising). This also applies to the alumni community.
An LIA has been approved by the DPO at Judicium.
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Privacy Notice
This notice is based on the template provided by the School’s Data Protection Officer Judicium and
supplemented by information from ISBA and details specific to King Edward’s School, Bath (the
School). It will be reviewed annually and updated whenever necessary. Attention will be brought to
this notice whenever personal data is collected. The School may update this Privacy Notice from
time to time. Any substantial changes that affect your rights will be provided to you directly as far
as is reasonably practicable.
Copies of this notice will be available on the School website, the staff VLE and will be shared with
new parents at first communication.
This Privacy Notice applies to all pupils and parents, (past, present and prospective), alumni and
wider members of our School community about whom we collect personal data.
This Privacy Notice explains how the School collects, uses and shares (or "processes") your
personal data during and after your relationship with us, in accordance with the UK General
Data Protection Regulation (UK GDPR) and your rights in relation to the personal data we hold.
Please see the Privacy Notice for Staff on the School website for information regarding
personal data of:
staff at the School, including: employees, contractors, visiting music teachers and other
peripatetic workers,
casual workers, temps, and volunteers who may be employed or engaged by the School
to work for it in any capacity,
prospective applicants for roles
governors / trustees / directors.
This Privacy Notice applies in addition to the School's other relevant terms and conditions and
policies that may (depending on your role and status) apply to you, including:
any contract between the School and its parents, such as the parent contract, parents
code of conduct and any applicable parents handbook;
the School’s data governance policies including the Data protection Policy.
Please note that any contract you may have with the School will be relevant to how the School
processes your data, in accordance with any relevant rights or obligations under that contract.
However, this Privacy Notice is the primary document by which we notify you about the use
of your personal data by the School.
This Privacy Notice also applies alongside any other information the School may provide about
particular uses of personal data, for example when collecting data via an online or paper form.
All staff and governors will be made aware of this policy and their duties under Data Protection
Law and receive relevant training.
HOW we
collect
your data
TYPES of
data we
collect
about you
WHAT we
use it for
LEGAL
BASIS
which
allows us
to do this
YOUR
RIGHTS
regarding
your data
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How we collect your information
We may collect your personal data in a number of ways, for example:
from the information you provide to us during contact regarding a School place, for
example during a School tour or introductory phone call;
when you submit a formal application to us, and provide your personal data in
application forms and covering letters, or when you complete a self-declaration, etc.;
from third parties, for example a previous School, local authority and/or the DfE
as additional data during your child’s time at the School, for example in email
communication, written assessments or trip permission;
from pupils at your time of leaving the School to record your contact details where
agreed;
from information you provide through your engagement with the School including our
registration forms and our signing in system.
The types of information we collect
The categories of information that we process include by way of example:
personal identifiers and contacts (such as name, date of birth, unique pupil number,
contact details and address);
car details (of those who use our car parking facilities).
bank details and other financial information (including about parents who pay fees to
the School , are receiving bursary awards or those people who donate to the School);
personal characteristics (such as ethnicity, language, and country of birth);
safeguarding information (including court orders and professional involvement);
special educational needs (including pupil needs);
medical and administration (such as doctors’ information, child health, allergies,
medication and dietary requirements and medical treatment records) held and accessed
by medical staff and by any teaching and pastoral staff that need to be aware;
admissions and attendance for pupils (such as sessions attended, number of absences,
absence reasons, any previous Schools attended and where pupils go when they leave
us);
assessment and attainment for pupils (including academic records and examination
scripts and marks);
pupil behavioural information (such as exclusions and any relevant alternative provision
put in place);
images/videos of pupils engaging in School activities (including for the purpose of their
education and/or sport performance);
images captured by the School's CCTV system that are used for the purposes of
safeguarding and promoting the welfare of pupils, staff and visitors and for the
protection of property, in accordance with the Information Commissioner’s Office (ICO)
Code of Practice and the School's policy on taking, storing and using images of children;
information required for authentication as part of the School’s security;
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information viewed and accessed as part of the School’s online safety obligations,
including monitoring and filtering of School accounts and devices, in accordance with
the School’s data governance policies;
information required for pupils attending School organised trips.
The categories of past,present and prospective pupils, parents and guardian information that
we process include by way of example:
Contact information such as name, address, email address, contact numbers;
Historical records of your time in School, including records of your achievements and
interests, photos and videos;
Records of contributions you have made to the School since leaving, such as your time,
expertise, or financial contribution;
Records of how you have engaged with our alumni network, including emails you have
opened, events attended, mailing lists you have signed up to and other interactions;
Bank details;
Records associated with Gift Aid claims on donations;
Records of your consents and contact preferences;
Information required to manage your attendance at alumni events, including access
arrangements and dietary requirements which may include health conditions; and
CCTV footage when attending our School site.
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The lawful basis on which we collect and use your data
We will only use your personal information when the law allows us to. Most commonly, we will
use your information in the following circumstances:
Where we need to perform the contract we have entered into with you;
Where we need to comply with a legal obligation (such as health and safety legislation,
under statutory codes of practice including our duty to safeguard pupils and
employment protection legislation).
Where it is needed in the public interest or for official purposes; it is necessary for us
to hold and use information for the purposes of our functions in providing Schooling,
which is in the public interest.
Where it is necessary for our legitimate interests (or those of a third party) and your
interests, rights and freedoms do not override those interests; We have a legitimate
interest in holding and using information because it is necessary in order to provide
pupils with education and pastoral care and connected purposes.
When we need to use your information to protect your vital interests or those of
someone else (eg if you or they are seriously hurt).
Some of the above grounds for processing will overlap and there may be several grounds which
justify our use of your personal information.
We will only use your personal information for the purposes for which we collected it, unless
we reasonably consider that we need to use it for another reason and that reason is compatible
with the original purpose.
We need all the categories of information in the list above primarily to allow us to perform our
contract with you and to enable us to comply with legal obligations and this is the lawful basis
on which we use most of the information above.
Other uses of personal data will be made in accordance with the School’s legitimate interests
or the legitimate interests of another, provided that these are not outweighed by the impact
on individuals, and provided it does not involve special or sensitive types of data.
The situations in which we will process your personal information under the basis of ‘legitimate
interest’ are as follows:
For the purposes of pupil selection: to confirm the identity of prospective pupils and
their parents and to retain a record if appropriate for the purposes of future applications
or openings
To provide education services, including musical education, physical training or
development, career services, and co-curricular activities to pupils, and monitoring
pupils' progress and educational and pastoral needs (including where such services are
provided remotely (either temporarily or permanently));
To enable relevant authorities to monitor the School's performance and to intervene or
assist with incidents as appropriate;
To give and receive information and references about past, current and prospective
pupils, including relating to outstanding fees or payment history, to/from any
educational institution that the pupil attended or where it is proposed they attend; and
to provide references to potential employers of past pupils;
To enable pupils to take part in national or other assessments, and to publish the results
of public examinations or other achievements of the pupils of the School;
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To safeguard pupils’ welfare and provide appropriate pastoral care;
To monitor use of the School’s IT and communications systems in accordance with the
School’s Acceptable Use policies and procedures;
To make use of photographic images of pupils in School publications, on the School
website and (where appropriate) on the School’s social media channels in accordance
with the School’s Child Protection & Safeguarding Policy;
For security purposes including CCTV in accordance with the School’s CCTV policy
To carry out or co-operate with any School or external complaints, disciplinary or
investigation process;
Where otherwise reasonably necessary for the School’s purposes, including to obtain
appropriate professional advice and insurance for the School;
For the purposes of management planning and forecasting, research and statistical
analysis, including that imposed or provided for by law, market analysis and assessing
pupil and parent satisfaction;
To maintain relationships with the alumni and the School community, including direct
marketing or fundraising activity;
To secure funding for the School or on behalf of individual pupils;
For maintenance of historic archive;
For the purposes of donor due diligence, and to confirm the identity of prospective
donors and their background and relevant interests.
When will the School seek to obtain consent?
We do not usually need consent to use personal information. Where we do require consent,
we will contact you, or your child if your child is deemed to be of the age appropriate to provide
their own consent. Please remember that, once given, consent may be withdrawn at any
time. We will seek consent in the following instances:
Examination Results: The School will separately inform pupils and parents (and provide
an opportunity to raise any objections) where it intends to publish exam results other
than on an anonymous basis (e.g. if released to the media or on a publicly accessible
notice board).
Monitoring emails, internet and telephone usage: Strict rules apply to monitoring of
pupil internet use, emails and calls. Although Keeping Children Safe in
Education(KCSIE)) prescribes that Schools have in place appropriate filtering and
monitoring for the purpose of safeguarding, this will not be used as a basis to allow
casual or routine interception of communications, notably calls and messaging.
However, monitoring may become justifiable in certain circumstances in compliance
with KCSIE.
Using certain types of Special Category Personal Data
Unexpected or intrusive uses of images of pupils: certain uses, such as CCTV or School
photography for use in the School’s own "community" media (e.g. its publications,
including emailed newsletters and the intranet), including where individuals are clearly
identifiable from the photograph, and sometimes named, are considered to be part of
the contractual and legitimate interest of the School. However, should an individual not
wish to be included in such usage, they should make this known to the School and those
wishes will be respected.
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Sometimes, external media usage (uses by an external organisation for promotion or
news) may be better dealt with by consent: especially where a child is identified by
name or especially prominently featured, or in swimming or games uniform. In this
instance, you can expect the School to seek consent.
Keeping in touch and supporting the School
The School will use the contact details of past and present parents, alumni and other members
of the School Community (such as former employees and volunteers) to keep them updated
about the activities of the School, or events of interest, including sending updates and
newsletters, by email, post, telephone and on social media. Unless the relevant individual
objects, the School may also:
Share personal data about parents and/or alumni, as appropriate, with organisations set
up to help establish and maintain relationships with the School community, such as the
Old Edwardians Association;
Contact parents and/or alumni by post and email to promote and raise funds for the
School and, where appropriate, other worthy causes;
Collect information from publicly available sources about parents', alumni and
supporters’ occupation and activities, to maximise the School's fundraising potential.
These may include the Electoral Register, Companies House, company websites, ‘rich
lists’, social networks [such as LinkedIn], and so on. We may also undertake research
or profile an individual’s financial capability (sometimes called wealth screening) in-
house or through reputable third-parties to get a better understanding of individuals
so that we can target resources as effectively as possible.
Should you wish to limit or object to any such use, or would like further information
about them, please contact the Development and Alumni Relations Office in writing at
the School’s registered address.
You always have the right to withdraw consent, where given, or otherwise object to
direct marketing or fundraising. To do so, please contact the DPL (contact details are
contained in the Specific Terms section above). However, the School may need
nonetheless to retain some of your details (not least to ensure that no more
communications are sent to that particular address, email or telephone number).
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How we use Particularly Sensitive Information
Sensitive personal information (as defined under the UK GDPR as “special category data”)
require higher levels of protection and further justification for collecting, storing and using this
type of personal information.
Neither contractual grounds nor legitimate interests will be sufficient to process sensitive or
“special category” personal data. This will usually require explicit consent to process, except
where the School is acting under a statutory right or obligation (e.g. concerning employment or
safeguarding) or if particular rare and urgent grounds exist (e.g. preventing or detecting a crime,
working with social services, or acting to protect someone’s vital interests to protect them from
imminent harm).
We will use this information in the following ways:
To safeguard pupils' welfare and provide appropriate pastoral (and where necessary,
medical) care, and to take appropriate action in the event of an emergency, incident or
accident, including by disclosing details of an individual's medical condition or other
relevant information where it is in the individual's interests to do so: for example for
medical advice, for social protection, safeguarding, and cooperation with police or social
services, for insurance purposes or to caterers or organisers of School trips who need
to be made aware of dietary or medical needs;
To provide educational services in the context of any special educational needs of a
pupil;
To provide spiritual education in the context of any religious beliefs;
To run any of its systems that operate on bio-metric data, such as for security and other
forms of pupil identification (lockers, lunch etc.);
As part of any School or external complaints, disciplinary or investigation process that
involves such data, for example if there are SEND, health or safeguarding elements; or
For legal and regulatory purposes (for example child protection, diversity monitoring
and health and safety) and to comply with its legal obligations and duties of care.
Criminal Convictions - We may only use information relating to criminal convictions where the
law allows us to do so. This will usually be where it is necessary to carry out our legal obligations
or to exercise our rights. Less commonly, we may use information relating to criminal
convictions and offences where it is necessary in relation to legal claims, where it is necessary
to protect our pupils and you are not capable of giving your consent, or where you have already
made the information public.
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Storing data - how long?
As a School we have lawful and necessary reasons to hold on to some information and we are
required to keep certain records until pupils reach age 25, or beyond in some circumstances.
After this time a record of pupils being at the School is stored within the School Archives.
The School’s Data Protection Policy provides information on the records we store and how
long for. The School will retain personal data securely and only in line with how long it is
necessary to keep it for a legitimate and lawful reason. The School’s Data Protection Policy
includes details of the retention periods for your data. In some instances, we will need to keep
a record of your data (a suppression record) in order to fulfil your request to no longer be
contacted by us.
Our Development and Alumni Relations Office keeps in touch with alumni, parents, former
parents and supporters. We regularly review the length of time we retain information in our
alumni and supporter database. The decision on how long to retain information is guided by
legitimate interest, as the primary lawful basis, and by the contact preferences of individual
alumni and supporters.
Storing data - security measures
We have put in place measures to protect the security of your information (i.e. against it being
accidentally lost, used or accessed in an unauthorised way). In addition, we limit access to your
personal information to those employees, agents, contractors and other third parties who have
a business need to know.
We take appropriate technical and organisational steps to ensure the security of personal data,
including the use of technology and devices and access to School systems. We store most of
our data on the School site, in the UK and within the European Union (EU). Some organisations
which provide services to us may transfer data outside the European Economic Area (EAA) but
we will only allow this if your or your child's data is adequately protected.
We may also need to transfer data for the purposes of School trips, if parents live overseas or
if a pupil moves to a new School abroad. If this happens, we will carry out checks and put
security measures in place to make sure that it is safe to transfer the information. If we cannot
be sure that it is safe, then we will talk to parents and / or pupils to make sure that you are
happy for us to send the information. Please contact the Data Protection Lead if you require
further details of our security procedures.
It is important that the personal information we hold about you is accurate and current. Please
keep us informed if your personal information changes during your working relationship with
us.
Sharing your information with others
Access to education records is a separate right under education regulations and permits those
with parental authority the right to request access to a child’s education record. This is not
covered by Data Protection legislation and is included here for completeness.
For the most part, personal information collected by the School will remain within the School
and will be processed in accordance with access protocols. Particularly strict rules of access
apply in the context of:
Medical records and
Pastoral or safeguarding files
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For the purposes referred to in this privacy notice and relying on the grounds for processing as
set out above, we may share your personal data with certain third parties.
Legal
Where we need to comply with a legal obligation (such as health and safety legislation, under
statutory codes of practice), we will share information with local authorities, the ISI, Ofsted,
DfE.
Where there is a serious incident at School, we may need to share details with the Health &
Safety Executive as well as the Charities Commission and our Insurance company.
In the investigation or prevention of crime, there are specific circumstances in which we would
share information with the police.
Pupil Learning Support
Where a pupil has an EHCP or a record of additional learning support requirements, we will
obtain information from/to the Local Authority.
Safeguarding
HM Government Information sharing: guidance for practitioners and managers 2018 dictates
that:
“Where there are concerns about the safety of a child, the sharing of
information in a timely and effective manner between organisations can
improve decision-making so that actions taken are in the best interests of the
child. The GDPR and Data Protection Act 2018 place duties on organisations
and individuals to process personal information fairly and lawfully; they are not
a barrier to sharing information, where the failure to do so would cause the
safety or well-being of a child to be compromised. Similarly, human rights
concerns, such as respecting the right to a private and family life would not
prevent sharing where there are real safeguarding concerns.
The School will promptly share a copy and also retain a copy of a pupils Safeguarding record
in line with the School’s Record Keeping Policy following a move to another School.
Please also see the School’s Safeguarding & Child Protection Policy.
Other
IT and Computing services - some of our activity is carried out on our behalf by third parties,
such as IT software systems, web developers, cloud storage providers and mailing services. We
will always make sure we have robust agreements in place with any third parties processing
personal data on our behalf so that personal information will be kept securely and only in
accordance with our instructions.
We may need to share pupil and/or parent information with:
Schools that pupils move to if they leave King Edward’s and/or higher education
institutions pupils apply to;
our local authority or the local authority a pupil lives in;
the Department for Education (DfE);
UK Visas and Immigration;
other bodies for the purpose of a pupil’s education, for example competitions, co-
curricular activities (including trips), examination boards and disclosures connected
with SEN support;
The School’s alumni association, the Old Edwardians Association.
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Information will be provided to those agencies securely or anonymised where possible.
The recipient of the information will be bound by confidentiality obligations, as we require
them to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the UK and the EU. If we do, you can
expect a similar degree of protection in respect of your personal information.
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Your rights as a data subject
You have the following rights:
to obtain access to, and copies of, the personal data that we hold about you;
to require us to correct the personal data we hold about you if it is incorrect;
to require us (in certain circumstances) to erase your personal data;
to request that we restrict our data processing activities (and, where our processing is
based on your consent, you may withdraw that consent, without affecting the
lawfulness of our processing based on consent before its withdrawal);
to receive from us the personal data we hold about you which you have provided to us,
in a reasonable format specified by you, including for the purpose of you transmitting
that personal data to another data controller;
to object, on grounds relating to your particular situation, to any of our particular
processing activities where you feel this has a disproportionate impact on your rights.
If you want to exercise any of the above rights, please contact the Data Protection Lead in
writing via dataprotection@kesbath.com
We may need to request specific information from you to help us confirm your identity and
ensure your right to access the information (or to exercise any of your other rights). You can
find out more about your rights under applicable data protection legislation from the
Information Commissioner’s Office website available at www.ico.org.uk.
The School will endeavour to respond to any such written requests as soon as is reasonably
practicable and in any event within statutory time-limits (which is generally one calendar
month) but fulfilling more complex requests may take longer in this instance, we will inform
you of the date you can expect to receive your information.
Rights that cannot be fulfilled
You should be aware that GDPR rights (including the right of access) is limited to your own
personal data, and certain data is exempt. This will include information which identifies other
individuals (and parents need to be aware this may include their own children, in certain limited
situations please see further below), or information which is subject to legal privilege (for
example legal advice given to or sought by the School, or documents prepared in connection
with a legal action).
The School is also not required to disclose any pupil examination scripts (or other information
consisting solely of pupil test answers, potentially including in mock exam scripts or other types
of exams / tests used to assess performance although markers’ comments may still be
disclosable if they constitute pupil personal data). The School is also not required to provide
examination or other test marks ahead of their ordinary publication date, nor share any
confidential reference held by the School that was (or will be) given for the purposes of the
education, training, appointment or employment of any individual.
Pupil Requests
Pupils can make subject access requests for their own personal data, provided that, in the
reasonable opinion of the School, they have sufficient maturity to understand the request they
are making (see below). A pupil of any age may ask a parent or other representative to make a
subject access request on his/her behalf.
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Indeed, while a person with parental responsibility will generally be entitled to make a subject
access request on behalf of younger pupils, the law still considers the information in question
to be the child’s. For older pupils, the parent making the request may need to evidence their
child's authority for the specific request. Requests not considered in the child’s best interests
may sometimes be refused.
Pupils at King Edward’s Senior School are generally assumed to have this level of maturity,
although this will depend on both the child and the personal data requested, including any
relevant circumstances at home. Children in the Junior School may however be sufficiently
mature to have a say in this decision, depending on the child and the circumstances.
All information requests from, or on behalf of, pupils whether made under subject access or
simply as an incidental request will therefore be considered on a case by case basis.
Parental Requests
It should be clearly understood that the rules on subject access are not the sole basis on which
information requests are handled. Parents may not have a statutory right to information, but
they and others will often have a legitimate interest or expectation in receiving certain
information about pupils without their consent. The School may consider there are lawful
grounds for sharing with or without reference to that pupil.
Parents will in general receive educational and pastoral updates about their children, in
accordance with the Parent Contract. Where parents are separated, the School will in most
cases aim to provide the same information to each person with parental responsibility, but may
need to factor in all the circumstances including the express wishes of the child, court orders
or pastoral issues.
All information requests from, on behalf of, or concerning pupils whether made under subject
access or simply as an incidental request will therefore be considered on a case by case basis.
Whose Rights
The rights under Data Protection Law belong to the individual to whom the data relates.
However, the School will often rely on parental authority or notice for the necessary ways it
processes personal data relating to pupils for example, under the parent contract, or via a
form. Parents and pupils should be aware that this is not necessarily the same as the School
relying on strict consent (see section on Consent above).
Where consent is required, it may in some cases be necessary or appropriate given the nature
of the processing in question, and the pupil's age and understanding to seek the pupil's
consent. Parents should be aware that in such situations they may not be consulted, depending
on the interests of the child, the parents’ rights at law or under their contract, and all the
circumstances.
In general, the School will assume that pupils’ consent is not required for ordinary disclosure
of their personal data to their parents, e.g. for the purposes of keeping parents informed about
the pupil's activities, progress and behaviour, and in the interests of the pupil's welfare. That is
unless, in the School's opinion, there is a good reason to do otherwise.
However, where a pupil seeks to raise concerns confidentially with a member of staff and
expressly withholds their agreement to their personal data being disclosed to their parents, the
School may be under an obligation to maintain confidentiality unless, in the School's opinion,
there is a good reason to do otherwise; for example, where the School believes disclosure will
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be in the best interests of the pupil or other pupils, or if required by law. Pupils are required to
respect the personal data and privacy of others, and to comply with the School's relevant
policies including the IT Acceptable Use policy and the School Rules. Staff are under
professional duties to do the same covered under the relevant staff policies
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Contact and complaints
If you have any queries about this privacy notice or how we process your personal data, or if
you wish to exercise any of your rights under applicable law, you should contact the Data
Protection Lead.
In the limited circumstances where you may have provided your consent to the collection,
processing and transfer of your personal information for a specific purpose, you have the right
to withdraw your consent for that specific processing at any time. To withdraw your consent,
please contact the Data Protection Lead. Once we have received notification that you have
withdrawn your consent, we will no longer process your information for the purpose or
purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
We hope that the Data Protection Lead can resolve any query you raise about our use of your
information in the first instance.
We have appointed a Data Protection Officer (DPO) to oversee compliance with data
protection and this privacy notice. If you have any questions about how we handle your
personal information which cannot be resolved by the Data Protection Lead, then you can
contact the DPO see contact details on page 1.
You have the right to make a complaint at any time to the Information Commissioner’s Office,
the UK supervisory authority for data protection issues.
May 2024