Privacy information: early years foundation stage to key stage 3
Updated 18 March 2025
Applies to England
This document details what personal data the Department for Education (DfE) process about learners and children in:
- early years foundation stage (EYFS), which covers school-based nursery and reception years – children are 3 to 5 years old
- key stage 1 (KS1) – learners are 5 to 7 years old and in years 1 to 2
- key stage 2 (KS2) – learners are 7 to 11 years old and in years 3 to 6
- key stage 3 (KS3) – learners are 11 to 14 years old and in years 7 to 9
This includes pupils and learners in schools, academies and independent schools, as well as learners in hospital schools, alternative provision or who are home educated.
When we collect and use your personal information, we follow the relevant laws including:
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 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 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:
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 to improve the well-being of children in England
2.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can improve the well-being of children, including vulnerable children and children who have been, or are, in care.
Privacy information: children and young people under 18 has more details on using data when:
- a child is looked after by local authorities
- a child is in need
- we receive a Serious Incident Notification (SIN)
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.
2.2 What data we collect
DfE collects information from educational settings, local authorities and other government departments. We collect and use the following personal information:
- name, date of birth and address
- characteristics like gender, ethnicity and disability
- episodes of being a child in need including:
- referral information
- assessment information
- section 47 information
- Initial Child Protection information
- Child Protection Plan information
- episodes of being looked after like important dates and information on placements
- outcomes for looked after children such as:
- whether health and dental assessments are up to date
- strengths and difficulties questionnaire score
- offending
- adoptions - dates of key court orders and decisions
- care leavers activity and type of accommodation
2.3 What we do with your data
We use this personal data to:
- support these children and monitor their progress
- provide them with pastoral care
- assess the quality of our services
- evaluate and improve our policies on children’s social care
2.4 How long we keep your data
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
2.5 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
2.6 Data processors
We do not use any data processors for this processing activity.
3. Using your data to fund your learning or childcare
3.1 Purpose and lawful basis for processing
We collect this information so that we can fund learning in the following educational settings:
- approved childcare
- schools
- academies
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 the UK GDPR.
3.2 Data we collect
We need enough information to work out how much funding is required for your learning. DfE provides funding for teaching as well as buildings and special programmes. Funding is calculated based on both of the following:
- the numbers of learners in each educational setting
- whether learner have needs which require additional funding
To do this we collect information about you from your educational setting or local authority, including your:
- personal contact details
- date of birth
- your sex
- learning data including information about your courses and assessments
We collect and use special category data to work out any additional funding needs, this includes details about your:
- equality, diversity and inclusion information
- health, including disabilities and special educational needs
Full details about how we process special category data are given in the DfE appropriate policy document.
The Individualised Learner Record (ILR) specification has further information on data collected.
3.3 What we do with your data
We use the data to work out how much funding is required and to publish statistics on funding.
3.4 How long we keep your data
We keep your personal information for 7 years for funding and financial purposes.
If the learning is funded by European Social Fund (ESF), we must retain the data until 31 December 2034.
If your personal information is included in any legal agreement classified as a Deed, we will retain it for 12 years from the point of the Deed’s expiry.
3.5 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
3.6 Data processors
Training providers are data processors for the adult education and apprenticeship data that they send to DfE.
Schools or multi-academy trusts are the data controller for most of the information they collect, store and use. However, where a school is required to supply a copy of some personal data to the department, DfE also becomes an independent data controller of the copy it receives.
4. Using your data to ensure the protection of public funds by preventing and detecting fraud
4.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can protect public funds by preventing and detecting fraud.
The lawful basis we rely on 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.
4.2 Data we collect
We use your personal data to ensure schools, academies, colleges, sixth forms, adult education training providers and apprenticeships have received the correct funding.
To do this we collect the following information from your educational setting or local authority about you:
- personal contact details
- date of birth
- data and information about your learning, including your courses and assessments
We collect special category data including details about your:
- equality, diversity and inclusion information
- health
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
We use your data to investigate suspected fraud or financial irregularity.
Find out more on how to report fraud or financial irregularity.
4.4 How long we keep your data
We keep your personal information for 7 years after legal proceedings have been completed.
4.5 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
4.6 Data processors
The National Audit Office (NAO) audits the DfE accounts, to analyse public spending and to improve our services. The NAO is a controller for your personal data that they process.
When fraud is identified, your personal data will be shared by us as necessary for the purposes of preventing and detecting fraud. It will be shared with fraud prevention and law enforcement agencies, such as the Police and the National Crime Agency.
5. Using your data to record, monitor and report on your learning achievements or attainments
5.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can monitor and report on learning attainments.
DfE is responsible for the development and delivery of assessments for children in education between reception and the end of KS2. The assessments include:
- reception baseline assessment
- KS1 and KS2 assessments
- multiplication tables check
- phonics assessments
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 process your special category data it is because we have a substantial public interest under article 9(2)(g) of UK GDPR. When we publish statistics, our lawful basis for using your special category personal data is article 9(j) archiving, research and statistics (with a basis in law).
5.2 Data we collect
We collect and use personal information sent to us from your school, academy or local authority. This information includes:
- your name and address
- reference numbers that identify you as a pupil or learner
- details of schools attended
- information relating to exam and assessment results
- information relating to your assessment results
We collect special category data including details about:
- your sex or ethnicity
- any special educational needs you may have, this includes health or disability information
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.
5.3 What we do with your data
We need your personal data to:
- monitor how well our education policies are working - we analyse your data to evaluate policy interventions to help ensure all children are kept safe from harm and receive the best possible education
- produce official statistics - Statistics at DfE has more information
Personal information for KS1 and KS2 school pupils will be processed and stored, including teacher assessment data and test results data.
We process information or data on a child’s individual personal circumstances that may affect their ability to access and participate in the tests concerned, for example, children requiring specific test access arrangements or reasonable adjustments. This data may include, but is not limited to:
- requirements for modified test materials
- special consideration
- additional time
- compensatory marks
For the Multiplication Tables Check (MTC), the data collected is used to create the pupil register and confirm pupils participating in the MTC. This enables us to deliver the assessment to all year 4 pupils.
The MTC determines whether pupils can fluently recall their times tables, which is essential for future success in mathematics.
The MTC results are provided back to schools to help them identify pupils who have not yet mastered their times table and may require more support. The collected and processed data is used at an aggregate level, for operational purposes and to inform a statistical publication at national and local authority level.
Individual pupil and school-level results will be made available for schools to view in Analyse School Performance (ASP) via DfE sign in. Pupil-level data is available in Get Information about Pupils (GIAP) via DfE sign in.
For the reception baseline assessment (RBA), the data collected is stored and used at the end of year 6 to form the school-level progress measure. No numerical score is shared. However, teachers will receive a series of short, narrative statements that tell them how their pupils performed in the assessment.
5.4 How long we keep your data
To enable DfE to use your education data for long-term research, we keep your personal data until you are:
- aged 80 in the LEO database - the LEO privacy notice has more information
- of state retirement age, plus 3 years, in the NPD and the PPMD database. The NPD privacy notice and the PPMD privacy notice has 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
Analyse school performance (ASP) data is reviewed at least every 3 years. Once the data is no longer in use it can be archived and retained for a further 3 years. At the end of this period, the data is reviewed on an annual basis to determine whether there is still a business need to keep the data. Once there is no longer a business need, the data will be destroyed.
Get information about Pupils (GIAP) data is kept for the statutory educational life of the pupil plus 7 years (to cover statutory financial data retention requirements). At the end of this period, the data is reviewed on an annual basis to determine whether there is still a business need to keep the data. Once there is no longer a business need, the data will be destroyed.
5.5 Who we share your data with
We may share the information we hold about you with certain organisations where the law allows it, or if we have a legal obligation to do so.
For ASP, we may share information with other organisations, including the following:
- national and local agencies who look after children
- local authorities
- professionals who work in schools and further and higher education institutions, children’s services, and health services
- other government departments and related public-sector bodies
- research institutions
- organisations contracted with us or by the above organisations to undertake work for them, requiring them to manage your information
For GIAP, we routinely share pupil information with:
- local authorities
- multi-academy trusts
- single academy trusts
- local-authority-maintained schools
- further education colleges
The GIAP website provides a secure service for users to access individual pupil level data. The purpose of the system is to facilitate the ‘setting’ of pupils on joining an establishment so that proper provision can be made for them. This includes:
- monitoring progress against attainment by pupils
- budgeting for pupils by access to pupil premium data
- access to a ‘protected eligibility’ flag for free school meals
- information on the pupil’s special educational needs and disabilities
5.6 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
5.7 Data processors
DfE uses a data processor for:
- services that support the production of the school, local authority and college performance tables and associated digital services including:
- Find and Compare School Performance
- Analyse School Performance
- NPD pupil matching
- training providers that process data about learners on behalf of the DfE
Schools and multi-academy trusts are the data controller for most of the personal data that they collect, store and use. However, if a school needs to supply a copy of some personal data to the DfE, then DfE also becomes an independent data controller of the copy it receives.
6. Using your data for trial test questions
6.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can engage with our delivery partners (trialling agencies) to carry out KS1 and KS2 item validation trials (IVT) and technical pre-tests (TPT). Both the IVT and the TPT are known as trials. Approved trialling agencies are:
- AlphaPlus Consultancy Limited
- Australian Council for Educational Research
- National Foundation for Educational Research
- Scottish Qualifications Authority
The legal basis for processing the personal data used and collected during the trials is public task, under article 6(1)(e) of the UK GDPR.
Participation in trialling for the national curriculum tests is statutory, regardless of whether the test being trialled is statutory or not. All schools drawn in the random samples are required to take part.
6.2 Data we collect
Trialling agencies will collect the following data for pupils who participate in the trials:
- school names, and pupils’ names and dates of birth, which are used to cross-check against pupil IDs and test data
- pupils’ English as an additional language (EAL) status
- item responses for the pupils selected to take part in the trials, to feed into analysis on test items in development and their suitability for inclusion in future national curriculum assessments
We collect special category data. This includes details about:
- any access arrangements pupils may need for them to take part in the trials. This information is collected directly from the school through their secure school portal. Only data that is needed to administer the tests will be collected
Trialling agencies will collect the following data for pupils who do not participate in the trials:
- school names, and pupils’ names and dates of birth — this could be because a pupil is working below the overall standard of the tests, is unable to access the tests (even with the use of access arrangements) or is absent on test day
Full details about how we process special category data are given in the DfE appropriate policy document.
6.3 Who we share your data with
STA has a data sharing agreement in place to provide its trialling agencies with the selected pupils’ names, gender and date of birth and school name. The sample is selected from information already stored by DfE and which was originally provided by schools as part of the autumn census.
The trials are completed by the selected pupils, and their completed scripts are returned to suppliers for coding. For on-screen coding, completed questions are distributed anonymously to coders, so that no coder has access to pupil data. For paper-based coding, the test script will include only the pupil’s name. When coding is complete, item responses for each pupil are collated by trialling agencies and submitted to STA for further analysis.
6.4 What we do with your data
STA will use the information from the trials to determine which questions are suitable, taking pupils’ background characteristics into account, for the purposes of developing appropriate tests for use nationally by other pupils in the future. The results of the trials will not be published, and no individual school or pupil will be identified in any reports produced by STA or its trialling agencies.
6.5 How long we keep your data
Trialling agencies (the data processor) will securely dispose of the data after 6 months, in accordance with their agreement with STA.
To enable DfE to use your education data for long-term research, we keep your personal data:
- until aged 80 in the LEO database – the LEO: privacy notice has more information
- Until state retirement age + 3 years in the NPD and the PPMD database – the NPD: privacy notice and the PPMD: privacy notice has more information
We review this retention policy, and the need to retain the data held, on an annual basis. As part of these ongoing reviews, we consider whether the data needs to be retained and, if so, whether it is possible to fully anonymise or de-identify the data.
6.6 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
6.7 Data processors
A data processor is an organisation that processes your information on DfE’s behalf.
DfE’s trialling agencies, as data processors, are responsible for securely storing and handling any personal data required to administer the trials.
7. Using your data to improve the education of children in England
7.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can improve education in 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 we use your special category data it is because we have a substantial public interest. under article 9(2)(g) of UK GDPR.
7.2 Data we collect
We collect and use the following personal information. The information is sent to DfE from your school, academy, college, training provider or local authority:
- your name and address
- reference numbers that identify you as a pupil or learner
- details of schools attended
- information relating to exam and assessment results
- information relating to what you did after you finished school
We collect special category data including details about:
- your gender or ethnicity
- any special educational needs you may have
- your health or disability information
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.
7.3 What we do with your data
We need your personal data to:
- monitor how well our education policies are working - we analyse your data to evaluate policy interventions to help ensure all children are kept safe from harm and receive the best possible education
- produce official statistics - Statistics at DfE has more information
The section on Using your data to record, monitor and report on your learning achievements or attainments has more details.
7.4 How long we keep your data
To enable us to use your education data for long-term research, we keep your personal data until you are:
- aged 80 in the LEO database - the LEO privacy notice has more information
- of state retirement age, plus 3 years, in the NPD and the 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
7.5 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
7.6 Data processors
DfE uses a data processor for:
- services that support the production of the school and college performance tables and associated digital services including:
- Find and Compare School Performance
- Analyse School Performance
- NPD pupil matching
- the Office for National Statistics (ONS) to act as a processor on behalf of DfE for requests where DfE data has been made available to external researchers within the ONS Secure Research Service - the section on long-term research has more details
Schools and multi-academy trusts are the data controller for most of the data that they collect, store and use. However, is a school needs to supply a copy of some personal data to DfE, then DfE also becomes an independent data controller of the copy it receives.
8. Using your data to carry out item validation trials
8.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can engage with its delivery partners (trialling agencies) to carry out KS1 and KS2 item validation trials (IVT) and technical pre-tests (TPT). Both the IVT and the TPT are known as trials. Approved trialling agencies are:
- AlphaPlus Consultancy Limited
- Australian Council for Educational Research
- National Foundation for Educational Research
- Scottish Qualifications Authority
The legal basis for processing the personal data used and collected during the trials is public task, under article 6(1)(e) of the UK GDPR.
It is a statutory requirement for selected schools to participate in the trials for statutory national curriculum assessments. Participation in trialling for the national curriculum tests is statutory, regardless of whether the test being trialled is statutory or not
8.2 Data we collect
Trialling agencies will collect the following data for pupils who participate in the trials:
- school names, and pupils’ names and dates of birth, which are used to cross check against pupil IDs and test data
- item responses for the pupils selected to take part in the trials, to feed into analysis on test items in development and their suitability for inclusion in future national curriculum assessments
We collect special category data, this includes details about:
- any access arrangements pupils may need for them to take part in the trials. This information is collected directly from the school through their secure school portal. Only data that is needed to administer the tests will be collected.
Trialling agencies will collect the following data for pupils who do not participate in the trials:
- school names, and pupils’ names and dates of birth - this could be because a pupil is working below the overall standard of the tests, is unable to access the tests (even with the use of access arrangements) or is absent on test day
Full details about how we process special category data are given in the DfE appropriate policy document.
8.3 Data we share
STA has a data sharing agreement in place to provide its trialling agencies with the selected pupils’ names, gender and date of birth and school name. The sample is selected from information already stored by DfE and which was originally provided by schools as part of the autumn census.
The trials are completed by the selected pupils, and their completed scripts are returned to suppliers for coding. For on-screen coding, completed questions are distributed anonymously to coders, so that no coder has access to pupil data. For paper-based coding, the test script will include only the pupil’s name. When coding is complete, item responses for each pupil are collated by trialling agencies and submitted to STA for further analysis.
8.4 What we do with your data
STA will use the information from the trials to determine which questions are suitable, taking pupils’ background characteristics into account, for the purposes of developing appropriate tests for use nationally by other pupils in the future. The results of the trials will not be published, and no individual school or pupil will be identified in any reports produced by STA or its trialling agencies.
8.5 How long we keep your data
To enable DfE to use your education data for long-term research, we keep your personal data until you are:
- aged 80 in the LEO database – the LEO: privacy notice has more information
- of state retirement age + 3 years in the NPD and the PPMD database - the NPD: privacy notice and the PPMD: privacy notice has more information
We review this retention policy, and the need to retain the data held, on an annual basis. As part of these ongoing reviews, we consider whether the data needs to be retained and, if so, whether it is possible to fully anonymise or de-identify the data.
8.6 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
8.7 Data processors
A data processor is an organisation that processes your information on DfE’s behalf.
- DfE’s trialling agencies, as data processors, are responsible for securely storing and handling any personal data required to administer the trials.
9. Using your data to monitor attendance in education and learning
9.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can monitor attendance in education and learning.
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.
DfE uses your data to publish statistics on learners. Our lawful basis for using your special category personal data is article 9(j) archiving, research and statistics (with a basis in law).
9.2 Data we collect
We collect and use the personal information sent to us from your school, academy, college, training provider or local authority. This includes:
- your name and address
- reference numbers that identify you as a pupil or learner
We collect special category data including details about:
- your gender or ethnicity
- any special educational needs you may have
- your health or disability information
We also collect sensitive information on absence and exclusions.
Full details about how we process special category data are given in the DfE appropriate policy document.
9.3 What we do with your data
We need your personal data to:
- monitor how well our education policies are working - we analyse your data to evaluate policy interventions to help ensure all children are kept safe from harm and receive the best possible education
- produce official statistics - Statistics at DfE has more information
9.4 Who we share your data with
Your personal data is shared by awarding organisations who send us details of your qualifications so that we have a record of your achievements.
9.5 How long we keep your data
To enable DfE to use your education data for long-term research , we keep your personal data until you are:
- aged 80 in the LEO database - the LEO privacy notice has more information
- of state retirement age, plus 3 years, in the NPD and the PPMD database - the NPD privacy notice and the PPMD privacy notice has 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 What are your rights?
9.6 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
9.7 Data processors
DfE uses a data processor for:
- services that support the production of the school and college performance tables and associated digital services including:
- Find and Compare School Performance
- Analyse School Performance
- NPD pupil matching
- training providers that process data about learners on behalf of the DfE
10. Using your data so we can undertake long-term research and publish official statistics
10.1 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 includes monitoring attendance in education and learning. This shows us how learning can affect your future earnings and employment outcomes.
We process the data already collected about your learning and achievements from the following educational settings:
- schools
- academies
We also collect data from local authorities about children in care or who have been in care.
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.
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).
10.2 Data we collect
The information is sent to DfE from your school, academy 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 and other education providers attended
We collect and use special category data, this includes details about:
- 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:
- information relating to any contact with children’s services
- information on absence and exclusions
Full details about how we process special category data are given in the DfE appropriate policy document.
10.3 What we do with your data
DfE has long-term research databases that are used for research and statistical purposes:
- the NPD
- the 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.
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
Use Apply to access the LEO dataset for more details about LEO.
Apply for Department for Education (DfE) personal data has more details about NPD.
10.4 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 (DWP) 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.
10.5 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 LEO database - the LEO privacy notice has more information
- of state retirement age, plus 3 years, in the NPD and the 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
10.6 Your rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
10.7 Data processors
DfE uses a data processor for:
- services that support the production of the school and college performance tables and associated digital services including:
- Find and Compare School Performance
- Analyse School Performance
- NPD pupil matching
11. Using your data when you contact us to make an enquiry
11.1 Purpose and lawful basis for processing
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.
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.
11.2 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
11.3 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.
11.4 How long we keep your data
We keep your personal information for 5 years from the date of the enquiry or complaint.
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.
11.6 Data processors
We do not use any data processors for this processing activity.
12. Using your data when you use our websites
12.1 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.
12.2 Data we collect
DfE websites use cookies to collect information from you about how you use this website. The DfE cookies policy has 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.
12.3 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
12.4 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. See using your data when you sign up to our notifications about learning opportunities or events for more information.
12.5 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
12.6 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.
13. Using your data when you use our social media channels
13.1 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.
13.2 Data we collect
When you interact with our social media channels we collect and use your name.
13.3 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 for more information.
13.4 How long we keep your data
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 - details about cookies on GOV.UK has more information.
13.5 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.
13.6 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.
14. Using your data for the RPA claims handling services
14.1 Purpose and lawful basis for processing
Our purpose for processing this information is so we can process claims under the DfE risk protection arrangement (RPA). The RPA is an alternative to commercial insurance for schools, and an initiative that seeks to help public sector schools achieve savings on their non-staff spend.
The aim of the RPA claims handling services is to support the effective management of the DfE risk protection arrangement for the benefit of RPA members. This includes processing RPA member claims to an appropriate conclusion.
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
We receive your personal data from RPA claims you raise as a RPA member or RPA claims that you make against a RPA member.
We also receive personal data of yours due to your involvement in the investigation and resolution of RPA claims, for example as a witness, third parties acting on behalf of a claimant, legal representative, loss adjusters, valuation experts or supplier involved in processing the claim on our behalf via our claims handling supplier.
DfE collect and use the following personal information:
- names of people involved in the claim (which can include children)
- personal addresses
- telephone numbers
- date of birth
- bank account details
- the extent of damage (which could include injury to children or adults and medical reports)
- car registration numbers
- solicitor names, telephone numbers, addresses
- names and contact numbers of others involved in helping bring the claim to a resolution such as:
- loss adjusters
- school project managers
- suppliers involved in property reinstatement
- any other necessary personal data required to be able to process the claims to resolution
We collect and use special category data, this includes details about the extent of damage (which could include injury to children or adults and medical reports).
Full details about how we process special category data are given in the DfE appropriate policy document.
14.3 What we do with your data
The RPA claims handling service uses your personal data to ensure claims that fall within the RPA membership rules are professionally processed and resolved for RPA members.
14.4 Who we share your data with
We sometimes need to make personal data available to other organisations. These might include:
- contracted partners who we have employed to process your personal data on our behalf
- other organisations with whom we need to share your personal data for specific purposes
Where we need to share your personal data with others, we ensure that this data sharing complies with data protection legislation. For this project, we will share personal data with:
- our claims handling supplier
- the supply chain involved in the investigation or resolution of the RPA claim
- supporting delivery partners of the RPA service as required, which include but not limited to risk management, actuarial and research support services
14.5 How long we keep your data
We keep your personal information for 10 years, then we review the data. DfE will identify if we are required by law to retain the data for longer periods, for example for crime or fraud cases. If we no longer need the data, we will delete it.
14.6 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of legitimate interest.
14.7 Data processors
DfE uses a data processor for RPA claims handling services.
15. Using your data when you make a complaint about education providers, children’s social care or DfE
15.1 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 28 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 lawful basis we rely on for processing your personal data is public task, under article 6(1)(e) of the UK GDPR.
15.2 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.
15.3 What we do with your data
We need information from you and potentially other third parties to consider your complaint.
15.4 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, 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. 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.
15.5 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.
15.6 Your rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
15.7 Data processors
We do not use any data processors for this processing activity.
16. Using your data when you make a referral of serious teacher misconduct to the TRA
16.1 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.
16.2 Data collected
When you make a referral, DfE collects and uses personal information about you including your:
- name
- contact details
The section on ‘Using your data to make a referral or investigate teacher misconduct’ in the education providers’ workforce, including teachers privacy document has more information.
16.3 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 including:
- 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.
16.4 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, 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 and 15 of the 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 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.
16.5 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 using your data when you make a complaint about education providers, children’s social care or DfE in the ‘Privacy information: education providers’ workforce, including teachers’ has more details.
16.6 Your rights under GDPR
Find out about your rights when we process your personal data under the lawful basis of public task.
16.7 Data processors
We do not use any data processors for this processing activity.
17. Using your data when we are testing or checking our IT systems
17.1 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.
17.2 Data we collect
DfE collects information from educational settings, local authorities and other government departments. We will process the following information about you:
- personal contact details
- date of birth
- your sex
- 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 ethnicity
- 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.
17.3 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
17.4 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.
17.5 Your information rights under UK GDPR
Find out about your rights when we process your personal data under the lawful basis of legitimate interest.
17.6 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.
18. 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.
18.1 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:
DfE will review each data share request on a case-by-case basis to ensure the right lawful basis is used. The 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.
19. 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 Information Commissioner’s Office if you have concerns about how we use your personal information
19.1 How to access your personal information
You can make a request to access your personal information verbally or in writing.