Transparency data

Privacy information: parents and legal guardians

Updated 5 January 2024

Applies to England

This document provides details of what personal data we process about parents and legal guardians. It also includes data processed about families. See here for details of the personal information that DfE holds and processes about your child.

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

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

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

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

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

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

1. Using your data to fund schools and childcare

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. This is done under section 11 of the Education Act 1996 and Education Act 2002.

When we use your sensitive information, this is ‘special category’ data. The reasons we use it because we have a substantial public interest under article 9(2)(g) of UK GDPR, the Education Act 2002 allows this. Full details about how we process special category data are given in the DfE appropriate policy document.

Data we collect

DfE collect and use the following personal information:

• your name
• your address
• email address
• phone number
• type of social benefit claimed

We collect and use the following sensitive information:

• episodes of being a child looked after by the local authority, if applicable

What we do with your data

We’ll use your personal information to:

• ensure that children entitled to free school meals receive them
• ensure that schools receive additional funding known as pupil premium
• enable us to identify children that are potentially eligible for the 2-year-old entitlement to free education and childcare
• ensure the protection of public funds
• prevent and detect fraud

How long we keep your data

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

We keep your personal information for 7 years. This meets legal requirements for the retention of finance data.

Your rights

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

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

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

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

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

Data processors

A data processor is an organisation that processes your information on DfE’s behalf.

For most of the personal data that schools or the multi-academy trusts collect, store and use, they are the data controller for your personal data. However, where a school is required to send a copy of your personal data to the department, DfE becomes an independent data controller of your personal data.

2. Using your data to protect learners and children

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. Section 11 of the Children Act 2004, section 175 of the Education Act 2002 and the Education and Inspections Act 2006 allows us to do this.

Special categories of personal data need to also be processed for reasons of substantial public interest under section 10 (3) of the DPA 2018 (Special categories of personal data) and 18 (Safeguarding of children and individuals at risk). We use it because we have a substantial public interest, the Education Act 2002 allows this. Full details about how we process special category data are given in the DfE appropriate policy document.

If there is a threat to life, the lawful basis we rely on for processing your personal data is vital interest, under article 6(1)(d) of the UK GDPR.

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 the following personal information:

• name and address

We also collect and use special category data and sensitive information about the learner or child. See the Learners: Early Years Foundation Stage to Key Stage 3, Learners: Key Stage 4 and 5 and adult education or children and young people under 18 privacy notices for details.

For further details about safeguarding children with special educational needs and disability in schools, colleges and children’s services, see Special educational needs and disability (SEND) and Special educational needs and disability (SEND) and high needs.

What we do with your data

We use your personal information to support these children and monitor their progress.

Sharing your data

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 and working together to safeguard children. This information will be used to investigate complaints and to ensure trusts and academies comply with the regulations (including independent schools).

What we do with your data

We’ll use your personal information to:

• keep a pupil or learner safe from potential harm
• identifying issues and providing 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 (TRA) is an executive agency of the Department for Education (DfE). TRA 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.

How long we keep your data

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

For safeguarding cases, we keep your personal information until the learner is 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.

Your rights

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

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

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

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

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

Data processors

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

3. Using your child’s data when they are looked after by local authorities

Local authorities have a legal duty to provide DfE with information each year about the children they look after.

See the section in children’s privacy notice for details: Using your data when a child is looked after by local authorities.

4. Using your child’s data when your child is in need

Local authorities have a legal duty to provide DfE with information each year about the 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
• whose health or development will be significantly impaired without the provision of services
• who is disabled

See the section in children’s privacy notice for details: Using your data when a child is in need.

5. Using your data when we receive a Serious Incident Notification (SIN)

DfE has established the Child Safeguarding Practice Review Panel (the Panel). The Panel commissions national reviews of child safeguarding cases that raise issues that are complex or of national importance.

Local authorities in England have to notify the Panel, under section 16C(1) of the Children Act 2004, 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 has died or been seriously harmed outside England, when they are normally resident in the local authority’s area

The local authority must notify the Panel, under Schedule 2, paragraph 20(1)(a) of the Children Act 1989, if a child who is being looked after by a local authority dies, whether or not neglect is known or suspected.

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

See the section in children’s privacy notice for details: Using your data when we receive a Serious Incident Notification (SIN).

6. Using your data to get your views

6.1 Using your data to contact you for feedback

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

Purpose and lawful basis for processing

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

Data we collect

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

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

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

What we do with your data

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

How long we keep your data

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

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

Your rights

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

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

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

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

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

Data processors

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

• we use Arvato to provide our service desk

6.2 Using your data to contact you for research

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

Purpose and lawful basis for processing

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

Data we collect

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

• your full name
• email address
• phone number

What we do with your data

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

How long we keep your data

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

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

Your rights

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

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

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

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

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

7. Using your data to carry out research

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

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

Purpose and lawful basis for processing

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

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

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.

Data we collect

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

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

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

• heath or disability
• racial or ethnic origin
• gender

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

What we do with your data

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

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

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

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

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

How long we keep your data

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

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

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

Your rights

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

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

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

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

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

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

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

Data processors

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

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

7.2 Using your data to take part in our consultations

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

Purpose and lawful basis for processing

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

Data we collect

We collect and use the following personal information:

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

What we do with your data

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

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

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

How long we keep your data

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

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

Your rights

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

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

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

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

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

Data processors

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

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

8. Using your data when you contact us

8.1 Using your data when you contact us to make an enquiry or complaint

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.

Purpose and lawful basis for processing

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

Data we collect

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

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

The following information may also be collected and processed:

• job title
• the name of a school, local authority, academy trust or organisation
• school DfE number, local authority number or academy trust number

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

• unique pupil number
• date of birth
• initials

What we do with your data

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

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

How long we keep your data

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

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

Your rights

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

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

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

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

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

Data processors

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

8.2 Using your data when you use our websites

Purpose and lawful basis for processing

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

Data we collect

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

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

What we do with your data

We use your personal information to:

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

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

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

How long we keep your data

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

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

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

Your rights

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

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

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

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

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

Data processors

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

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

8.3 Using your data when you use our social media channels

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

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

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

See our Social media use policy for more details.

Purpose and lawful basis for processing

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

Data we collect

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

• your name

What we do with your data

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

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

See the section on cookies for more details.

How long we keep your data

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

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

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

Your rights

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

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

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

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

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

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

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

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

Data processors

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

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

8.4 Using your data when you sign up to our notifications about learning opportunities

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

Purpose and lawful basis for processing

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

Data we collect

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

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

DfE may purchase mailing lists to support these DfE campaigns.

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

What we do with your data

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

How long we keep your data

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

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

Your rights

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

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

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

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

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

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

Data processors

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

9. Using your data when you apply for an intercountry adoption

The Department for Education (DfE) is the Central Adoption Authority for England and is responsible for checking and processing your intercountry adoption application in line with the legislative requirements

Purpose and lawful basis for processing

The lawful basis we rely on for this processing of your personal data is public task, under article 6(1)(e) of the UK GDPR. This allows us to process personal data when this is necessary to do our work as a government department. This is done under the Adoption and Children Act 2002, The Adoption (Recognition of Overseas Adoptions) Order 2013 and the 1993 Hague Convention.

The processing of your sensitive or ‘special category’ personal data, such as information about your ethnicity or health information, is lawful in accordance with section 10(3) of and Schedule 1 to the Data Protection Act 2018 and Article 9(2)(g) of the GDPR. This processing is necessary for reasons of substantial public interest and is in exercise of a function conferred on the DfE as regards processing intercountry adoption applications. This is to ensure that intercountry adoptions are processed in compliance with the legislative framework with satisfactory child safeguarding procedures and that an intercountry adoption is in a child’s best interest.

Data we collect

Your intercountry adoption application (along with any other supporting documentation you have provided) which is forwarded to the Central Authority or relevant overseas authority of the country from which you wish to adopt contains the information provided by you to your UK Adoption Agency (UKAA) during the adoption assessment process.

This will include information relating to:

• personal identity
• family background information for you, your parents and siblings and any other significant persons in your family
• significant events that impacted on your life
• your employment history and the occupation of your parents and siblings
• your social interests and lifestyle
• your marital status and the marital status of family members
• your education history, financial status, income and financial commitments including information relating to your home

When we use your sensitive or ‘special category’ data. The reasons we use it because we have a substantial public interest. We need to collect information about:

• your health history and that of family members, if deemed relevant
• your nationality and religion
• a copy of your birth and marriage certificates and Disclosure & Barring Service Enhanced Disclosure certificate(s)

The dossier may also contain your medical assessment provided by medical professionals and references provided by your nominated referees, as well as the minutes of the meeting of the Adoption Panel, which approved your adoption application. It may also include information provided by your current partner relating to their relationship with you, childhood information – including their family background, date of birth, marital status, employment status, social interests and if relevant, information relating to their children.

What we do with your data

The DfE receives your intercountry adoption application from a UK Adoption Agency (UKAA) and process it in compliance with the relevant legal framework. Having checked and processed your application, we will forward a copy of your application including supporting documents and your Certificate of Eligibility to Adopt to the relevant Central Authority or the relevant overseas authority in the country from which you wish to adopt, using a courier service.

To enable the processing of intercountry adoptions we need to share your personal data available with other organisations both in the UK and overseas. We may need to share your personal data with the following organisations:

• UK adoption agencies
• local authorities
• notary publics
• central authorities
• relevant overseas authorities
• legal representatives
• accredited agencies
• other government departments
• domestic and international embassies
• overseas agencies and lawyers
• translators

The data sharing is lawful under Article 6(1)(e) of the GDPR as applied by the Data Protection Act 2018; the processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller. The processing of your sensitive or ‘special category’ personal data, such as information about ethnicity or health information, is considered lawful in accordance with section 10(1) of and Schedule 1 to the Data Protection Act 2018 and Article 9(2)(g) of the GDPR, the processing is necessary for reasons of substantial public interest

How long we keep your data

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

We keep your personal information for 100 years from the date of the adoption order.

Your rights

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

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

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

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

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

Data processors

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

10. Using your data to check our IT systems

Purpose and lawful basis for processing

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

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

Data we collect

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

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

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

• your equality, diversity and inclusion information
• your health

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

• children that are looked after or are in care

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

What we do with your data

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

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

How long we keep your data

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

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

Your rights

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

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

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

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

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

Data processors

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

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

11. Using your data when we share your personal information

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

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

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

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

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

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

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

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

For example, we share data under Public Task with:

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

For example, we share data under legitimate interest with:

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

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

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

12.1 How to contact us

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

12.2 How to make a complaint

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

12.3 How to access your personal information

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