Transparency data

Privacy information: children and young people who are aged under 18 and not in mainstream education, and care leavers aged up to 25

Updated 18 March 2025

Applies to England

This document details what personal data the Department for Education (DfE) processes about you as a child or young person who is aged under 18, if you are not in mainstream education or if you are a care leaver aged up to 25.

When we collect and use your personal information, we follow the relevant laws including:

• Data Protection Act (DPA)
• UK General Data Protection Regulation (UK GDPR)

We must have a valid reason to collect your personal data. These reasons are called lawful basis in UK GDPR. You have rights under UK GDPR about how your personal data is collected and used. Your rights change based on the lawful basis for collecting the data.

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 so we can protect you

1.1 Purpose and lawful basis for processing

Our purpose for processing this information is so that we can protect you

The lawful basis we rely on for processing your personal data is public task, under article 6(1)(e) of the UK GDPR.

When we use your special category data it is because we have a substantial public interest under article 9(2)(g) of UK GDPR.

1.2 Data we collect

DfE collects information from educational settings, local authorities, your employer and other government departments to safeguard children and adults.

We collect and use personal information including your:

• name
• date of birth
• address

We collect and use special category data on your characteristics such as:

• gender
• ethnicity
• disability

We also collect and use special category data about episodes of being a child in need, if applicable, and notes about the concern.

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

1.3 What we do with your data

We will use your personal information to:

• keep you or another pupil or learner safe from potential harm
• identify issues and provide support for mental and physical health issues
• prevent extremism in the education system - DfE works to ensure children and young people are not exposed to extremists and extremist messages

The Teaching Regulation Agency regulate the teaching profession in England and investigate cases of serious misconduct. If you are a witness or potential witness within a teacher misconduct investigation, TRA processes your information to investigate allegations of serious misconduct.

1.4 Who we share your data with

We may share your personal data with other organisations where DfE and its executive agencies are notified of an issue regarding safeguarding of children and young people.

Other people and organisations may also share personal data with DfE and its executive agencies, for example, when they make a complaint or raise a concern with us. This can include information shared in accordance with the statutory guidance:

• keeping children safe in education
• working together to safeguard children

This information will be used to investigate complaints and to ensure trusts and academies comply with the regulations including Education (Independent School Standards) Regulations 2014.

1.5 How long we keep your data

For safeguarding cases, we keep your personal information until you are aged 25, or 10 years after the date of the allegation, whichever is longer, then it is reviewed.

The TRA will only keep your personal data for as long as they need to for the purpose of regulating the teaching profession, specifically up to 50 years after the closure of a case. After 50 years it will be securely destroyed.

1.6 Your information rights under UK GDPR

Find out about your rights when we process your personal data under the lawful basis of public task.

1.7 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.

2. Using your data when you are a child that is looked after by local authorities

2.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can evaluate the impact of our policies.

Local authorities have a legal duty to provide DfE with information each year about the children they look after. They must provide information about children who are looked after during the year, and about the activities and accommodation for care leavers (aged 17 to 25). Read the Children looked after return 2023 to 2024: guide for further information.

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

When we use your special category data it is because we have a substantial public interest under article 9(2)(g) of UK GDPR.

When DfE uses your data for research and to publish statistics on children who are looked after. Our lawful basis for using your special category personal data is article 9(j) archiving, research and statistics (with a basis in law) under UK GDPR.

2.2 Data we collect

DfE collects your personal information from local authorities. We use the following personal information:

• date of birth
• child and pupil identifiers

We collect and use special category data, this includes details about characteristics such as gender and ethnicity.

We collect and use sensitive data including details about:

• episodes of being looked after - important dates and information on placements
• outcomes for looked after children - whether health and dental assessments are up to date, strengths and difficulties questionnaire scores and offending
• adoptions - dates of key court orders and decisions
• care leavers - their activity and what type of accommodation they have

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

2.3 What we do with your data

We will use your personal information:

• to evaluate and improve our policies on children’s social care
• to monitor our objectives on looked-after children, both during their time in care and on reaching adulthood.
• research
• to publish statistics annually
• for funding calculations

2.4 How long we keep your data

We keep your personal information until you are aged 75 years.

2.5 Your information rights under UK GDPR

Find out about your rights when we process your personal data under the lawful basis of legal obligation.

2.6 Data processors

Local authorities collect the data on behalf of DfE, but they are independent data controllers for the data they collect.

3. Using your data when you are a child in need

3.1 Purpose and lawful basis for processing

Our purpose for processing this information is so that we can develop, monitor and evaluate policies on children in need.

A child in need is defined under the Children Act 1989 as a child who is unlikely to reach or maintain a satisfactory level of health or development, or their health or development will be significantly impaired without the provision of services, or the child is disabled.

Local authorities have a legal duty to provide DfE with information each year about children in need. The annual children in need census covers all children who are referred to children’s social care services, even if no further action is taken. The Children in need census: guide to submitting data has more information.

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

When we use your special category data it is because we have a substantial public interest under article 9(2)(g) of UK GDPR.

When DfE uses your data for research and to publish statistics on children in need, our lawful basis for using your special category personal data is article 9(j) archiving, research and statistics (with a basis in law) under UK GDPR.

3.2 Data we collect

DfE collects your personal information from local authorities. We use the following personal information:

• name
• date of birth
• pupil identifier

We collect and use special category data, this includes details about characteristics such as gender, ethnicity and disability.

We collect and use sensitive data including details about:

• episodes of being a child in need
• referrals to children’s social care services
• assessments
• section 47 enquiries
• child protection plans and reviews
• child in need plans

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

3.3 What we do with your data

We will use your personal information:

• to develop, monitor and evaluate policies on children in need.
• for research
• to respond to parliamentary questions and freedom of information requests.
• to publish annual statistics.

3.4 How long we keep your data

We keep your personal information until you are aged 25, or 6 years after the last update, whichever is longer, then it is reviewed.

3.5 Your information rights under UK GDPR

Find out about your rights when we process your personal data under the lawful basis of legal obligation.

3.6 Data processors

Local authorities collect the data on behalf of DfE, but they are independent data controllers for the data they collect.

4. Using your data when we receive a serious incident notification (SIN)

4.1 Purpose and lawful basis for processing

Our purpose for processing this information is so that the DfE Child Safeguarding Practice Review Panel can commission national reviews of child safeguarding cases. These reviews raise issues which are complex or of national importance.

Local authorities in England must notify the panel:

• where they know or suspect that a child has been abused or neglected and:
  • the child has died or has been seriously harmed in the local authority’s area
  • the child, while normally resident in the local authority’s area, has died or been seriously harmed outside England

Local authorities in England must notify the panel and Ofsted:

• if a child who is being looked after by a local authority dies whether or not neglect is known or suspected
• of the death of a care leaver up to their 25th birthday

Once a notification is submitted no local authority, including the one that made the notification, will have access to it.

The lawful basis we rely on for this processing of your personal data is legal obligation under Article 6(1)(c) of the UK GDPR public task.

When we use your processing of sensitive or special category data, this is carried out in accordance with the substantial public interest condition under article 9(2)(g) of UK GDPR.

For the purpose of data protection legislation, DfE and Ofsted are the joint data controllers for the personal data received via the system.

4.2 What data we collect

DfE collects your personal information from local authorities. We use the following personal information:

• name
• date of birth
• address
• characteristics, such as gender, ethnicity and disability

We collect and use sensitive data, this includes details about:

• characteristics of the incident, such as physical abuse, knife crime and neglect
• episodes of being a child in need and child looked after, such as important dates, Child Protection information and Child Protection Plan information
• education and early years details
• parent or carer name

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

4.3 What we do with your data

The panel will use the notifications to:

• decide if a national child safeguarding practice review of any of those incidents notified for children is required
• maintain oversight of the system of national and local reviews
• review how effectively it the panel is operating

Working together to safeguard children has more details.

Serious incident notification data is published annually as official statistics. 

4.4 Who we share your data with

We will only share your personal data with others where it is lawful, secure and ethical to do so.

The notifications received by the panel are also received by DfE and Ofsted. This allows:

• Ofsted to support its regulatory and inspection work, in particular to assess local authority children’s services and inspection of services for looked-after children, safeguarding and child protection
• DfE to exercise effectively its responsibilities for children and young people in England up to the age of 18, including child protection and education

Ofsted must have regard for the need to promote and safeguard the welfare of children under section 117 of the Education and Inspections Act 2006 (‘the 2006 Act’). Section 153 of the 2006 Act provides that information obtained by the chief inspector of Ofsted in connection with any of his functions may be used by him in connection with any of his other functions.

The Secretary of State for Education has a general duty to promote the wellbeing of children (section 7 of the Children and Young Persons Act 2008).

DfE uses safeguarding information received from local authorities by the panel to inform:

• development of policy on child protection and wider reforms to the children’s social care system in England
• any action being taken or to be taken by the government in relation to local authority interventions - the Serious Child Incident Team will have immediate direct access to notifications made through the system as the team has responsibility for serious incident notifications for DfE

4.5 How long we keep your data

We review your personal data held every 2 years to see if the data is still required. If the data is no longer required it is destroyed.

4.6 Your information rights under UK GDPR

Find out about your rights when we process your personal data under the lawful basis of legal obligation.

4.7 Data processors

Local authorities collect the data on behalf of the panel, and by extension DfE and Ofsted, but they are independent data controllers for the data they collect.

5. Using your data when you contact us to make an enquiry

5.1 Purpose and lawful basis for processing

We collect, process and store your personal data when you contact us by:

• using the  contact us form
• telephone
• email
• message
• live chat

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 
• progress a follow up enquiry 
• 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. 

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.

5.2 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 or compliant
• IP address

5.3 What we do with your data

We need information from you to investigate your complaint or enquiry properly.

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

5.4 How long we keep your data

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

5.5 Your information rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of public task.

5.6 Data processors

We do not use any data processors for this processing activity.

6. Using your data when you use our websites

6.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can improve our website and search functionality. 

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.

6.2 Data we collect

DfE websites use cookies to collect information from you about how you use this website. See the section on cookies for more details.

DfE websites use Google Analytics, Hotjar or Microsoft Clarity. We do not collect or store your personal information through these tools, so it cannot be used to identify who you are.

You can find out which cookies are used in the footer section of each website.

6.3 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

Data when you sign up to our notifications about learning opportunities or events has 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

6.4 How long we keep your data

Your personal information is retained for up to 2 years. Details about cookies on GOV.UK has 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. Using your data when you sign up to our notifications about learning opportunities or events has more information.

6.5 Your information rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of public task.

6.6 Data processors

DfE uses a data processor for collecting information about how you use GOV.UK. We use Google Analytics cookies and a Real User Monitoring (RUM) cookie from SpeedCurve.

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

7.1 Purpose and lawful basis for processing

Our purpose for processing this information is so you can sign up for notifications, such as about apprenticeships or our careers service, or about our events. 

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

At any time, you can tell us you no longer want us to use your data. the section on your rights has more information.

7.2 Data we collect

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

• name
• email address

7.3 What we do with your data

We will use your personal information to enable you to sign up to specific messages, like when promoting apprenticeships or our careers service, or to invite you to events.

7.4 How long we keep your data

We keep your personal information for as long as you are signed-up to our notifications or alerts. You can unsubscribe from our emails at any time. You can also use the unsubscribe or change your email preferences links in the emails you get from GOV.UK.

7.5 Your information rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of consent. 

As we are processing your personal data with your consent, you have the right to withdraw that consent.

If you change your mind, or you are unhappy with our use of your personal data, contact us and state which notification you are signed up to.

7.6 Data processors

We use data processors to send the email and text notifications.

8. Using your data when you use our social media channels

8.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can 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.

Our social media use policy has more details.

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

At any time, you can tell us you no longer want us to use your data. The section on your rights has more information.

8.2 Data we collect

When you interact with our social media channels we collect and use your name.

8.3 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

The DfE cookies policy has more information.

8.4 How long we keep your data

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

Your personal information is retained for up to 2 years - details about cookies on GOV.UK has more information.

8.5 Your information rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of consent. 

As we are processing your personal data with your consent, you have the right to: 

• withdraw consent at any time, by using our contact form 
• ask DfE to cease publication of your image, words 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. DfE social media channels are captured by The National Archives 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.

8.6 Data processors

We use a data processor for collecting information about how you use GOV.UK. We use Google Analytics cookies and a Real User Monitoring (RUM) cookie from SpeedCurve.

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

9.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can process your data when you make a complaint about :

• a school
• a college
• an early year’s provider
• children’s social care service
• a teacher
• DfE

Find out more from:

• our  complaints procedure 
• section 9.7 of the education providers’ workforce privacy notice - using your data when you make a referral of serious teacher misconduct to the Teaching Regulation Agency (TRA)

The section on using your data when you make a referral of serious teacher misconduct to the TRA has more information.

The lawful basis we rely on for processing your personal data is public task, under article 6(1)(e) of the UK GDPR.

9.2 Data we collect

DfE collect and use the following personal information:

• your full name
• email or postal address
• phone number
• details about your enquiry or complaint
• information held by third parties, such as schools, colleges and 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 and sensitive data are given in the DfE appropriate policy document.

9.3 What we do with your data

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

9.4 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. We usually ask the complainant to provide this.

Depending on the nature of the complaint, we may then need additional documentation, such as CPOMS records or statements from staff and other pupils. CPOMS  is an online system, used by over 16,500 schools across the globe.

We may contact the school, an early year’s 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.

9.5 How long we keep your data

We keep your personal information for 10 years.

When you submit a referral form to complain about a teacher, we will determine whether it is appropriate for the TRA to accept your complaint as a referral. If a complaint is not accepted as a referral, due to it being outside our role or remit, it will be kept for a period of 5 years after the complaint is closed.

9.6 Your rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of public task.

9.7 Data processors

We do not use any data processors for this processing activity.

10. Using your data to contact you for research or feedback  on services we provide to you

10.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can

• undertake research to learn how you interact with our services and to support our operational development and delivery.
• make improvements to the services we offer to you measure the impact and effectiveness of each of our services, our programmes or our events
• make improvements to the service we offer to you.

We do this through surveys, public consultations and feedback about our help desks. 

We will always seek your permission to take part in any research.  

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.

10.2 Data we collect

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

• full name
• email address
• phone number

10.3 What we do with your data

We use your data to:

• make improvements to the services we offer to you
• develop policy
• develop new services
• 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.

Using your data to gather evidence for policy development and delivery has more information on how we process your personal information during research.

10.4 How long we keep your data

We keep your personal information until 2 years after the end of the survey or research. We keep a record of you being contacted for feedback for 5 years.

10.5 Your information rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of public task.

10.6 Data processors 

DfE uses a data processor to:

• provide our service desk
• contact you for feedback or to take part in research.

11. Using your data to gather evidence for policy development and delivery

11.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can undertake 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.  

The lawful basis we rely on for processing your personal data is public task, under article 6(1)(e) of the UK GDPR. When we use your special category data it is because we have a substantial public interest under article 9(2)(g) of UK GDPR. 

Sometimes we link your survey responses to other government-held data, the lawful basis for this processing is ‘consent’ under article 6(1)(a) of the UK GDPR. If you have agreed that we can link your survey responses to other government-held data, we are undertaking this processing with your consent.

11.2 Data we collect

We collect and use the following personal information directly from you or your education provider:

• your full name
• email address
• phone number
• your date of birth
• your address

When we use your special category data it is because we have a substantial public interest and you have given your ethical consent to participate in the research. As part of our research we may need to collect information about your:

• heath or disability
• racial or ethnic origin
• gender

We also collect sensitive information about your:

• socioeconomic classification
• caring responsibilities

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.

11.3 What we do with your data

We will 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 National Archives.

Research at DfE and parent, pupil and learner panel omnibus surveys has more information.

11.4 How long we keep your data

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

11.5 Your information rights under UK GDPR 

Find out about  your rights  when we process your personal data under the lawful basis of public task or consent.

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

11.6 Data processors

DfE uses a data processor to:

• undertake the research by using contractors - our contractors will get your personal data directly from you and DfE during the activity or initiative
• process your personal data to deliver the Programme for International Student Assessment (PISA) study - About PISA25 has more information

12. Using your data so we can undertake long-term research and publish official statistics

12.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can undertake long-term research to show the impact of education, training or support programmes on outcomes later in life. This shows us how learning can affect your future earning and employment outcomes.

We process the data already collected about your learning and achievements from the following educational settings:

• schools
• academies
• colleges
• sixth forms
• adult education training providers
• apprenticeships

We also collect data from local authorities about children in care or who have been in care.

We also collect data as part of specific research. Research at DfE has more information.

DfE publishes official statistics on early years, schools, further education, higher education, children and young people. This is carried out in line with the code of practice for official statistics and DfE official statistics: standards and policies.

DfE takes part in the OECD’s Programme for International Student Assessment (PISA), the next study will be PISA 2025. For previous results see PISA 2018: national report for England.

The lawful basis we rely on for processing your personal data is public task, under article 6(1)(e) of the UK GDPR.

When DfE uses your data for research, our lawful basis for using your special category personal data is a substantial public interest under article 9(2)(g) of UK GDPR.

When publishing statistics, our lawful basis for using your special category personal data is article 9(2)(j) archiving, research and statistics (with a basis in law).

12.2 Data we collect

The information is sent to DfE from your school, academy, college, training provider or local authority. The categories of data we hold include:

• your name and address
• unique pupil and learner numbers
• pupil matching reference numbers
• details of schools, academies, colleges, universities, training providers and other education providers attended
• information relating to exam results
• information relating to what you did after you finished school

We collect and use special category data including:

• characteristics such as your gender or ethnicity
• your equality, diversity and inclusion information
• your health, including disabilities.
• details of any special educational needs you may have

We also collect sensitive information on:

• contact with children’s services
• absence and exclusions

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

12.3 What we do with your data

DfE has  long-term research databases that are used for research and statistical purposes:

• the National Pupil Database (NPD)
• the Longitudinal Education Outcomes (LEO) database

The data stored in the NPD is provided by educational settings or local authorities as part of the operation of the education system, such as to fund your learning. Find out more from the privacy information notice for key stage 4 and 5 and adult education.

This data is used for research and statistical purposes to improve and promote, the education and well-being of children in England.

The LEO database compares students’ levels of education to their levels of employment and earnings in later life. To do this, we link personal information obtained from the NPD to other government departments relating to education, employment and benefit claims in order to:

• enable comparisons of the performances of schools, colleges and universities
• provide statistical information to support education and career decisions
• evaluate and monitor the impact of education or training on outcomes
• support government decision making in order to improve services

DfE works with the following government departments on the LEO study:

• Welsh Government
• Department for Work and Pensions (DWP)
• His Majesty’s Revenue and Customs (HMRC)
• Scottish Government

Apply to access the Longitudinal Education Outcomes (LEO) dataset has more details about LEO.

For more details about NPD see apply for Department for Education (DfE) personal data.

12.4 Linking your data to other databases

We connect or link your education data with your employment, benefits and earnings data to create a de-identified person level database. The personal information we use to link this data together are:

• name
• date of birth
• gender
• postcode
• national insurance number

Personal identifiers from our education databases are sent to the Department for Work and Pensions who match the records against their customer information system. The matched records are then linked to your employment, earnings and benefit data that is held at DWP. All personal identifiers are then removed. Once the link is made, we can then link to other information, such as:

• if you qualified for free school meals
• schools attended, courses taken and qualifications achieved
• any benefits claimed
• employment and earned income

And special category data, such as:

• personal characteristics including gender and ethnic group
• if the young person had special educational needs during their education, this may include health or disability information

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

12.5 How long we keep your data

Your personal information is kept for your learning and working life. To enable DfE to use your education data for long-term research, we keep your personal data until you are:

• aged 80 in the Longitudinal Education Outcomes (LEO) database - the LEO privacy notice has more information
• of state retirement age, plus 3 years, in the National Pupil Database (NPD) and the Pupil Parent Matched Data (PPMD) database. The NPD privacy notice and the PPMD privacy notice have more information

We review this retention policy on an annual basis and consider:

• the need to retain the data held
• whether it is possible to fully anonymise or de-identify the data

12.6 Your rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of public task.

12.7 Data processors

We do not use any data processors for this processing activity.

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

13.1 Purpose and lawful basis for processing

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.

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.

13.2 Data collected

When you make a referral, DfE collects and uses personal information about you including your:

• name
• contact details

Find out about how we investigate a referral and the data we collect about the teacher from section 27 of the privacy notice for the education providers’ workforce, including teachers.

13.3 What we do with your data

As a 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. Third parties include:

• employers
• supply agencies
• police forces
• the DBS
• members of the public

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

13.4 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. If the referral comes from an organisation, 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 panel

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’ll 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.

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

13.5 How long we keep your data

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 financial information (for expense purposes, if applicable) is retained for 7 years, then securely destroyed.

Where a complaint is made to TRA and is considered as inappropriate for the regulator, it will be treated as correspondence and kept for a period of 5 years from the closure of the complaint. The section on Using your data when you make a complaint about education providers, children’s social care or DfE has more details.

13.6 Your rights under GDPR 

Find out about  your rights  when we process your personal data under the lawful basis of public task.

13.7 Data processors

We do not use any data processors for this processing activity.

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

14.1 Purpose and lawful basis for processing

Our purpose for processing this information is so we can test or check our IT systems.

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 special category data it is because we have a substantial public interest under article 9(2)(g) of UK GDPR.

14.2 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.

14.3 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.

We may also invite users to try out our services, which can involve the collection of personal data. This helps us understand how users engage with our services, so we can keep improving them.

Similarly, it is necessary to extract copies and run quality checks so that we can identify unnecessary duplication or conflicting data about the same data subject.

To maintain the accuracy of our data, if we identify duplicate records we might:

• merge the duplicate records under one Unique Learner Number
• keep the existing records but include cross referencing so that all the records are linked and are retrieved when searching for the one data subject

14.4 How long we keep your data

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.

14.5 Your information rights under UK GDPR

Find out about  your rights  when we process your personal data under the lawful basis of legitimate interest.

14.6 Data processors

DfE uses a data processor for our IT Health Checks (ITHC). An ITHC is a series of controlled tests and actions that check the security of our IT systems.

15. 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 and research organisations
• organisations connected with promoting the education or wellbeing of children in England
• organisations fighting or identifying crime like police, courts and Home Office
• other crown and public bodies like Ofqual, Ofsted, UCAS and Office for Students
• 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
• the interests of the wider public or society such as sharing data to fight crime or for policy development

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
• strict information security standards

The DSAP panel has external members who analyse decisions to increase public trust in the data share process.

15.1 Purpose and lawful basis for processing

DfE will only share data with a third party where we have a lawful basis for the data share under article 6(1) of the UK GDPR.

In most cases, DfE 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.

When we share special category data, we have a lawful basis to data share under article 9(2) of the UK GDPR. Full details about how we process special category data are given in the DfE appropriate policy document and How DfE shares personal data.

DfE will review each data share request on a case-by-case basis to ensure the right lawful basis is used. The Information Commissioner’s Office (ICO) guide to lawful basis for processing has 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

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.

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

Requesting your personal information from the Department for Education has information on how you can:

• ask questions about how we use your information
• make a complaint to the Data Protection Officer and the ICO if you have concerns about how we use your personal information

16.1 How to access your personal information

You can make a request to access your personal information verbally or in writing.