Transparency data

Privacy information: members of the public

Updated 1 May 2024

Applies to England

This document provides details of what personal data Department for Education (DfE) process about members of the public.

When we collect and use your personal information, we need to follow the law. The main laws are the Data Protection Act (DPA) and the UK General Data Protection Regulation (UK GDPR).

The DfE is the data controller for the personal information we process. This includes when the information is collected or processed by third parties on our behalf. See DfE is the data controller for more details.

We must have a valid reason to collect your personal data. These reasons are called ‘lawful basis’ in UK GDPR.

When we process your information, we maintain your information’s confidentiality, integrity and availability:

• confidentiality means only authorised users can view access, change, use your information.
• integrity means we ensure your information is correct and accurate.
• availability means we ensure your information is available, in a secure system, when required.

The department carries out due diligence checks (including internet searches) into public social media of individuals who apply for roles to support us in policy making, for example, those applying to be part of the Teacher and Headteacher Reference Groups.

Below are non-exhaustive examples of where the DfE may carry out these checks:

• speakers for DfE funded or sponsored events and communications activities
• actors used in DfE media campaigns and those involved in communications activity, such as influencers
• stakeholder commentary on DfE campaigns, policy, news, events and appointments
• public appointment processes
• due diligence in relation to Honours nominations
• briefing requests, where officials provide insight about external affairs engagement with stakeholders and their priorities

Any personal data processed as part of this checks will be stored in line with DfE policies and requirements under UK GDPR on data retention.

Further information on the standards you can expect when we collect, hold or use your personal information is available on the personal information charter.

1. Using your data to get your views

1.1 Using your data to contact you for feedback on services we provide to you

DfE measures the impact and effectiveness of each of our services, our programmes or our events to make improvements to the service we offer to you. We do this through surveys, public consultations and feedback about our help desks.

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. Sections 10 and 11 of the Education Act 1996 allows us to do this.

Data we collect

We collect and use the following personal information directly from you. We use the information you provide to us when you contact DfE or attend one of your programmes or events:

• your full name
• email address
• phone number
• your address

See Using your data to contact you for research for more information.

What we do with your data

We use your data to make improvements to the services we offer to you.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal information for 5 years. This is in line with the DfE retention policy for business operational data.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ’right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• the ‘right to object to processing’ of your information, in certain circumstances
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. DfE uses a data processor for the following activities:

• we use Arvato to provide our service desk

1.2 Using your data to contact you for research

DfE undertakes research to learn how you interact with our services and to support our operational development and delivery. We do this research to make improvements to the services we offer to you. We will always seek your permission to take part in any research.

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. Section 10 of the Education Act 1996 allows us to do this.

Data we collect

We collect and use the following personal information. We use the information you provide directly to us when you contact DfE or attend one of your programmes or events or use our digital services or helpdesk:

• your full name
• email address
• phone number

What we do with your data

We use your data to make improvements to the services we offer to you, to develop policy and to develop new services. We use your data to contact you to invite you to participate in research that is relevant to you. You are under no obligation to participate in any research we invite you to. We will not contact you about research using your data if you tell us not to. See Using your data to gather evidence for policy development and delivery for more information on how we process your personal information during the research.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal information until 2 years after the end of the survey or research.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ’right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• the ‘right to object to processing’ of your information
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

As we are processing your personal data with your consent, you have the right to withdraw consent to the processing of your personal data at any time. If you change your mind, or you are unhappy with our use of your personal data, contact DfE and state the name of this project.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

2. Using your data to carry our research

2.1 Using your data to gather evidence for policy development and delivery

DfE undertakes research and surveys to gather evidence to support our policy development and delivery. Having this evidence is important when improving outcomes for children, young people, families and adults. See Research at DfE for more details.

Purpose and lawful basis for processing

The lawful basis we rely on for processing your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. Section 10 of the Education Act 1996 allows us to do this.

When we use your sensitive information, this is ‘special category’ data. The reasons we use it because we have a substantial public interest under article 9(2)(g) of the UK GDPR, the Education Act 2002 allows this.

Data we collect

We collect and use the following personal information directly from you:

• your full name
• email address
• phone number
• your address

When we use your sensitive or ‘special category’ data. The reasons we use it because you have given your explicit consent. As part of our research we may need to collect information about your:

• heath or disability
• racial or ethnic origin
• gender

Full details about how we process special category data are given in the DfE appropriate policy document and in the research information sheet. You will be given this research information sheet at the start of the research.

What we do with your data

We’ll use your personal information for research that DfE undertakes to provide high-quality evidence to inform policy development and delivery.

Sometimes we link your survey responses to other government-held data, the lawful basis for this processing is ‘consent’. At any time, you can tell us you no longer want us to link your data to other data. You can do this by using our contact form.

We will publish a summary of the research and the full research report. Your responses may be attributed to an organisation where this information has been provided but our publications will not contain any personal data. DfE will anonymise or desensitise the data where possible.

Research reports published since May 2010 are available on GOV.UK.

Research published before May 2010 is available from the UK Government Web Archive.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal information until 12 months after the end of the survey or research.

See Research at DfE and Parent, pupil and learner panel omnibus surveys for more information.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ‘right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• your ‘right to object to processing’ of your information, in certain circumstances
• rights in relation to automated decision making and profiling
• the right to withdraw consent at any time, by using our contact form
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

If you have agreed that we can link your survey responses to other government-held data, we are undertaking this processing with your consent. You have the right to withdraw that consent up until the data is analysed for the publication. If you change your mind, or you are unhappy with our use of your personal data, contact DfE and state the project or initiative name.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Further information on rights and the ways in which your data may be used are contained in the research consent form.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. DfE uses a data processor for the following activities:

• DfE uses contractors to work on behalf of DfE to undertake the research. Our contractors will receive your personal data directly from you during the activity or initiative.

3. Using your data to take part in our consultations

DfE has public consultations to develop our policies, programmes and guidance.

Purpose and lawful basis for processing

The lawful basis we rely on for processing your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. This is done under section 11 of the Education Act 1996, to promote learning and education.

Data we collect

We collect and use the following personal information:

• your full name
• your job role
• your address
• email address
• phone number
• IP address

What we do with your data

We’ll use your personal information when gathering feedback to our public consultation.

Information provided in response to consultations, including personal information, may be subject to publication or disclosure under the Freedom of Information Act 2000, the Data Protection Act 2018 or the Environmental Information Regulations 2004.

If you want all, or any part, of a response to be treated as confidential, please explain why you consider it to be so in the relevant section of the consultation response.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal data for 10 years, as it supports our policy making.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ‘right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• your ‘right to object to processing’ of your information, in certain circumstances
• rights in relation to automated decision making and profiling
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. DfE uses a data processor for the following activities:

• DfE uses Delib to manage our public consultations. Delib’s software enables you to provide feedback on the documents

4. Using your data when you contact us

4.1 Using your data when you sign up to our notifications about learning opportunities or events

DfE has campaigns to promote university education or apprenticeships or learning to specific groups, for example to minority groups or disadvantaged children.

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is Legitimate Interest, under article 6(1)(f) of the UK GDPR.

Data we collect

DfE collect and use the following personal information directly from you:

• full name
• address
• email
• mobile number, if applicable

DfE may purchase mailing lists to support these DfE campaigns.

You have the right to opt out of these messages. If you do not want to receive these messages, click on the ‘unsubscribe’ link in the email. Alternatively, let us know, stating the title of the email message.

What we do with your data

We use your personal information for inspiration campaigns that promote and encourage uptake of learning.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal information for 5 years from the date of the campaign.

Your rights

We are relying on legitimate interest for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ’right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to delete your personal information – this is called ‘right to erasure’
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• the ‘right to object to processing’ of your information
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

You have the right to opt out of these messages. If you do not want to receive these messages, click on the ‘unsubscribe’ link in the email, or let us know by contacting DfE and stating the title of the email message.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. DfE uses data processors to send our email and text notifications.

4.2 Using your data when you make an enquiry

We collect, process and store your personal data when you contact the department, by DfE contact us form, telephone, email, message us or live chat. In addition, telephone calls to our helplines may be recorded for training and monitoring purposes. If provided, we will also use your email address to send a customer satisfaction survey.

We use this information to resolve your enquiry, to progress a follow up enquiry or to action a request, as appropriate. It is also used to ensure our call agents are appropriately trained and to enable us to continually improve the quality of the service provided.

See also the section on using your data when you make a complaint about education providers, children’s social care or the DfE.

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department.

Data we collect

DfE collect and use the following personal information directly from you:

• your full name
• email address
• phone number
• details about your enquiry
• IP address

The following information may also be collected and processed:

• job title
• school name / local authority name / academy trust name / organisation name
• school DfE number, local authority number or academy trust number

If your enquiry is about a pupil, the following data may also be collected and processed:

• unique pupil number
• date of birth
• initials

What we do with your data

We need information from you to investigate your enquiry properly.

We use the IP address to detect and block malicious visitors to our websites.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal information for 5 years from the date of the enquiry.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ’right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• the ‘right to object to processing’ of your information, in certain circumstances
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. We do not use any data processors for this processing activity.

4.3 Using your data when you use our websites

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department.

Data we collect

We use Google Analytics to collect information from you about how you use this website. We do not collect or store your personal information through Google Analytics so it cannot be used to identify who you are.

Google Analytics uses 3 types of cookies. See the section on cookies for more details.

What we do with your data

We use your personal information to:

• ensure we present our website content in the best way for you.
• allow you to take part in interactive features of our service, when you choose to do so

See Data when you sign up to our notifications about learning opportunities or events for more information on when we use your data to:

• notify you about changes to our website or services
• provide you with information or services that you request from us or which may interest you

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

Your personal information is retained for up to 2 years. See Details about cookies on GOV.UK for more information.

If you create an account on our websites or sign up for an alert your personal information is kept as long as you have an account. If you delete your account or cancel your alert, your data will also be deleted. See Data when you sign up to our notifications about learning opportunities or events for more information.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ‘right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• the ‘right to object to processing’ of your information, in certain circumstances
• rights in relation to automated decision making and profiling
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. DfE uses a data processor for the following activities:

• we use Google Analytics cookies and a Real User Monitoring (RUM) cookie from SpeedCurve to collect information about how you use GOV.UK

4.4 Using your data when you use our social media channels

We use social media to share news and views with people working in:

• schools
• colleges
• local authorities
• children’s services

We also use social media to communicate with parents, children and young people.

See our Social media use policy for more details.

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is consent under article 6(1)(a) of the UK GDPR – this is when we ask your consent to use your information.

Data we collect

When you interact with our social media channels we collect and use:

• your name

What we do with your data

When you use our websites and social media channels, we use your personal information to:

• allow you to take part in interactive features of our service, when you choose to do so
• ensure we present our website content in the best way for you
• provide you with information or services that you request from us or which may interest you. We always get your consent when you request these DfE services
• notify you about changes to our website or services

See the section on cookies for more details.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

The DfE social media channels are captured by the National Archives’ Government Web Archive as a permanent record of DfE’s social media communication.

Your personal information is retained for up to 2 years, see the Details about cookies on GOV.UK page for more information.

Your rights

We are relying on consent for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ‘right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to delete your personal information – this is called ‘right to erasure’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• rights in relation to automated decision making and profiling
• the right to withdraw consent at any time (where relevant), by using our contact form
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

You can ask DfE to cease publication of your image, words and/or voice on its social media channels. If you do so, DfE will not publish further social media posts featuring this content, but it is not obligated to remove or delete existing posts. The DfE social media channels are captured by the National Archives’ Government Web Archive as a permanent record of DfE’s social media communication

If you change your mind, or you are unhappy with our use of your personal data, contact DfE and state the project or initiative name.

Further information on rights and the ways in which your data may be used are contained in the filming, photography and audio recordings consent form.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. DfE uses a data processor for the following activities:

• we use Google Analytics cookies and a Real User Monitoring (RUM) cookie from SpeedCurve to collect information about how you use GOV.UK

4.5 Using your data when you make a complaint about education providers, children’s social care or DfE

DfE processes your data when you make a complaint about a school, a college, an early year’s provider, a children’s social care service or DfE. Our Complaints procedure page has more information.

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. 

DfE considers complaints about schools and education settings on behalf of the Secretary of State for Education, whose duties in relation to complaints about academies are set out in their funding agreements. Duties in relation to maintained schools are set out under sections 496 and 497 of the Education Act 1996.

Data collected

DfE collect and use the following personal information:

• your full name
• email/postal address
• telephone number
• details about your enquiry or complaint
• information held by third parties, such as schools, colleges, local authorities

We collect and use sensitive data. This includes details about:

• safeguarding and child protection matters
• special educational needs assessments
• medical details

Full details about how we process special category data are given in the DfE appropriate policy document.

What we do with your data

We need information from you and potentially other third parties to consider your complaint.

Who we share your data with

Before we consider a complaint, we may need documentary evidence that the complaints procedure has been completed in full, which we usually ask the complainant to provide.

Depending on the nature of the complaint, we may then need additional documentation, such as CPOMS records or statements from staff and other pupils. We may contact the school, an early years provider, a children’s social care service or other local authority department to provide this information.

Schools have a legal duty to provide this information to the Secretary of State for Education under section 538 of the Education Act 1996.

Local authorities have a legal duty to provide this information to the Secretary of State for Education under section 29(1) of the Education Act 1996.

DfE may also share your data under Public Task with:

• Ofsted, local authorities or police and criminal investigation authorities, through court orders – to safeguard and promote welfare of children in the UK

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal information for 10 years.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ’right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’ and is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• your ‘right to object to processing’ of your information, in certain circumstances
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

For more information, see the ICO’s guide to individual rights.

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. We do not use any data processors for this processing activity.

4.6 Using your data when you make a referral of serious teacher misconduct to the TRA

The Department for Education (DfE) has processes in place that enable anyone to complain about a teacher. Separately, DfE, through the Teaching Regulation Agency, has a process to consider allegations of serious misconduct by a teacher.

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department.  This is done under the Education Acts of 2002 and 2011.

When we use your sensitive information, this is ‘special category’ data. The reason we use it is because we have a substantial public interest under article 9(2)(g) of the UK GDPR, and the Education Acts 2002 and 2011 allow this.

Data collected

DfE collect and use the following personal information:

We receive your personal data from you when you use this service and from third parties including:

• employers or supply agencies
• police forces
• Disclosure and Barring Service (DBS)
• members of the public
• other professionals, such as Local Authority Designated Officer (LADO)

We process this information to regulate the teaching profession by investigating allegations of serious misconduct.

DfE collects and uses the following personal information:

• personal identifiers (name, date of birth, email address, home address, telephone number, National Insurance number, TRN)
• contact information (home address, email address, telephone number)
• teacher status (QTS or EYTS, induction status, ITT result)
• qualifications (previous degrees)
• supplementary teaching qualifications (mandatory qualifications, national professional qualifications)
• employment details (current or previous employer)
• financial details (for expense purposes, if applicable)

We collect and use special category data, this includes details about:

• your racial or ethnic origin
• your political opinions
• your religious beliefs or other beliefs of a similar nature
• whether you are a member of a trade union
• your physical or mental health
• your sexual orientation
• the commission or alleged commission of any offence by you, for example details of the allegation
• any proceedings for any offence committed, or alleged to have been committed, by you, the disposal of such proceedings or the sentence of any court in such proceeding

Full details about how we process special category data are given in the DfE appropriate policy document.

What we do with your data

As a teacher, witness or potential witness within a teacher misconduct investigation, or a person making an allegation, we receive your personal data from you and third parties including employers or supply agencies, police forces, the DBS and members of the public. We process this information to regulate the teaching profession by investigating allegations of serious misconduct.

Sharing your data

We sometimes need to make personal data available to other organisations. This also includes contracted partners.

Where we need to share your personal data with others, we comply with data protection legislation.

Teachers who are subject to an investigation and their employer

If there is an investigation, we tell them the name of the person who made the referral and details of their allegation.  If there is no investigation, we tell the teacher that there has been an allegation but we do not share your personal data. If the teacher makes a subject access request, we give details of the allegation but not the name of the referrer, unless the referral came from an organisation, when we give the name of the referring organisation. This is compliant with Education Acts 2002 and 2011.

Legal firms

If there is an investigation, legal firms we hold contracts with will process your personal data on our behalf. They process the data we provide to gather information to support misconduct investigations and hearings. Some legal firms will also review this data to provide impartial legal advice during misconduct hearings. This is compliant with Education Acts 2002 and 2011.

Professional conduct panels

We appoint independent panel members who sit on professional conduct panels to consider cases of serious misconduct and they may make recommendations on prohibition to the Secretary of State. They need this information to fulfil this role. This is compliant with Education Acts 2002 and 2011.

Published decisions

We will publish the teacher’s personal data within a decision document on GOV.UK if a    finding of serious misconduct is made. We will not publish the referrer’s data. This is accessible by members of the public. This is compliant with Regulations 8 & 15 of the Teachers’ Disciplinary (England) Regulations 2012 and section 141C of the Education Act 2002 (updated).

DBS and other organisations

We may need to share your personal data with DBS and other organisations (including, but not limited to, local authority organisations and employers) to safeguard children, young people and adults. This is compliant with Section 45 of the Safeguarding and Vulnerable Groups Act 2006.

Police

We may need to share your personal data with the police and the police share information with DfE so we can fulfil our statutory roles. This is compliant with section 31 of the Data Protection Act 2018.

Other teaching regulators

We may need to share your personal data with other teaching regulators so they can regulate the whole education sector. This includes, but is not limited to the:

• General Teaching Council Scotland (GTCS)
• General Teaching Council Northern Ireland (GTCNI)
• Teaching Council Ireland (TCI)
• Education Workforce Council (EWC)

This is compliant with Schedule 2 Paragraph 6 of the Data Protection Act.

If applicable, we may need to share your financial details with our finance team to pay any expense claims you make.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

We keep your personal information for: up to 50 years after the closure of a case. After 50 years it will be securely destroyed.

Your rights

We are relying on public task for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ’right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’ and is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• your ‘right to object to processing’ of your information, in certain circumstances
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. We do not use any data processors for this processing activity.

5. Using your data to check our IT systems

5.1 Using your data when we are testing or checking our IT systems

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is legitimate interest, under article 6(1)(f) of the UK GDPR.

When we use your sensitive information, this is ‘special category’ data. The reasons we use it because we have a substantial public interest under article 9(2)(g) of UK GDPR. The Education Act 2002 and Section 54 of the Further and Higher Education Act (1992) allows this.

Data we collect

DfE collects information from educational settings, local authorities, your employer and other government departments. We will process the following information about you:

• personal contact details
• date of birth
• ethnicity
• data and information about your learning, including your courses and assessments

If the IT system or database contains special category data, we would be processing details about:

• your equality, diversity and inclusion information
• your health

If the IT system or database contains sensitive information about you, we would be processing details about:

• children that are looked after or are in care

Full details about how we process special category data are given in the DfE appropriate policy document.

What we do with your data

When we are designing a new system or database, it is sometimes necessary to use ‘live’ personal data to test the design in a secure environment. This is because ‘dummy data’ is not capable of replicating the complexity of the data that is actually collected.

Similarly, it is necessary to extract copies and run quality checks for the purposes of identifying unnecessary duplication or even conflicting data about the same data subject. In order to maintain the accuracy of our data, if duplicate records are identified, we would either merge the duplicate records under one Unique Learner Number or maintain existing records but include cross referencing so all the records are linked and are retrieved when searching for the one data subject.

How long we keep your data

We only keep your personal information for as long as we need it. We decide how long to keep your information based on what we need and also what the law says. All data is securely and permanently deleted at the end of the retention period. We call this our retention and disposal schedule.

This processing activity is for the length of time it takes to test or check the data, any copies of the data created would be deleted as soon as the text or check is complete.

Your rights

We are relying on legitimate interest for this processing, this means you have:

• the right to be informed about the collection and use of your personal data – this is called ‘right to be informed’
• the right to ask us for copies of your personal information we have about you – this is called ’right of access’. This is also known as a subject access request (SAR), data subject access request (DSAR) or right of access request (RAR)
• the right to ask us to change any information you think is not accurate or complete – this is called ‘right to rectification’
• the right to ask us to delete your personal information – this is called ‘right to erasure’
• the right to ask us to stop using your information – this is called ‘right to restriction of processing’
• the ‘right to object to processing’ of your information, in certain circumstances
• rights in relation to automated decision making and profiling
• the right to complain to the Information Commissioner if you feel we have not used your information in the right way

There are legitimate reasons why we may refuse your information rights request, which depend on why we are processing it.

For more information, see the ICO’s guide to individual rights.

See Requesting your personal information for more on what you’re entitled to ask us, or any of our executive agencies, and your rights about how your information is collected and used.

Data processors

A data processor is an organisation that processes your information on DfE’s behalf. DfE uses a data processor for the following activities:

• we use contractors to do our IT Health Checks (ITHC). An ITHC is a series of controlled tests and actions that check the security of our IT systems

5.2 Using your data when we share your personal information

We will only share your personal data with others where it is lawful, secure and ethical to do so. Where these conditions are met, we can share your personal information with:

• schools and other education providers
• local authorities
• researchers (like universities, think tanks, research organisations)
• organisations connected with promoting the education or wellbeing of children in England
• organisations fighting or identifying crime (like police, courts, Home Office, etc)
• other specified crown and public bodies (like Ofqual, Ofsted, UCAS, Office for Students, etc)
• organisations working for DfE under contract (like DfE commissioned research or training providers)
• organisations who provide careers and other guidance
• organisations who provide statistics and research about education, training, employment and well-being, including Jisc (formerly the Higher Education Statistics Agency or ‘HESA’) as detailed in Jisc’s collection notices. Your data is also submitted to Jisc so that you can take part in the graduate outcomes survey

DfE shares personal data where this is a benefit to education, the children’s services sector or it is in the interests of the wider public or society - such as sharing data to fight crime or for policy development is in the interests of society.

How DfE shares personal data gives details of the protections DfE has in place when sharing your data and the relevant legislation.

The DfE Data Sharing Approval Panel (DSAP) must approve all data share requests. The panel of experts assesses each application for public benefit, proportionality, legal underpinning and strict information security standards. The DSAP panel has external members who analyse decisions to increase public trust in the data share process.

DfE will only share data with a third party where we have a lawful basis for the data share under article 6(1) or article 9(2) of the UK GDPR. In most cases, the Department relies on article 6(1)(e) ‘public task’ as the lawful basis where the task or function has a clear basis in law or 6(1)(f) ‘legitimate interest’ where the sharing of your data does not override your rights or when you expect us to share your data. But the Department will review each data share request on a case-by-case basis to ensure the right lawful basis is used.

Full details about how we process special category data are given in the DfE appropriate policy document.

See the ICO guide to Lawful basis for processing for more details.

For example, we share data under Public Task with:

• awarding organisations – to allow exam outcomes to be accurately predicted
• Children’s Commissioner’s Office (CCO) - to protect and promote the rights and interests of children in England, especially the most vulnerable
• fraud prevention and law enforcement agencies such as the police and the National Crime Agency - to prevent and detect fraud in the funding of education and learning
• Home Office (HO) - to prevent abuse of immigration control
• police and criminal investigation authorities, through court orders - to safeguard and promote welfare of children in the UK

For example, we share data under Legitimate interest with:

• Education Policy Institute (EPI) - to identify if government policies are delivering a high-quality education system
• National Foundation for Educational Research (NFER) and Scottish Qualifications Authority (SQA) - to investigate developments to the national curriculum

Full details of who we share data with are available: DfE external data shares.

6. How to contact us and how to make a complaint

6.1 How to contact us

Contact the Data Protection Team with questions about this document or how we use your information.

6.2 How to make a complaint

If you have concerns about how we use your personal information, you can make a complaint in writing to the Data Protection Officer and Information Commissioner’s Office.

6.3 How to access your personal information

A request to access your personal information can be made verbally or in writing.