Frequently asked questions - information governance

Frequently asked questions for information governance.

Here you will find some of the most frequently asked questions that we deal with, along with the relevant answers and advice. If there is something that isn't listed here and you think it should be then let us know via emailing infogov@staffordshire.gov.uk.

Does the school need to be registered with the Information Commissioners Office (ICO)?

Yes. Any organisation that processes personal information is known as a data controller in accordance with the law. Data controllers must inform the ICO about the nature of their business and the purposes for which they are processing data. Details can be found on the ICO website.

Do I need to maintain a 'Privacy Notice'?

Yes. In order to comply with the Data Protection legislation, all data controllers must issue a privacy notice to data subjects in order to keep them fully informed of what you are doing with their information. There is a template for schools on the Department of Education website and we have provided some advice to assist you in formulating a suitable Privacy Notice for your school. Privacy Notices need to be maintained and updated every time you change your processes or share data with a new organisation.

Does the Data Protection legislation stop parents from taking pictures of their children in school?

No. You cannot use the Data Protection legislation as a reason to prevent a parent from taking a photograph of their child on school premises. There is an exemption within the Act to allow the processing of data for ‘domestic purposes’. If you need to restrict the taking of photographs within school you will need to provide another justification for doing so.

The Information Commissioners Office (ICO) have produced some guidelines for schools on photographs.

We are planning to install CCTV in school, what data protection issues do we need to consider?

You need to ensure that people are aware of your CCTV; this is usually accomplished by displaying yellow signs around the school site. The signage you select should reflect the purpose of the CCTV installation. For example, if the CCTV is installed to reduce incidences of anti-social behaviour or for the prevention and detection of crime, that is what the signage will need to say. The signage also needs to explain who operates the CCTV and how they can be contacted.

As well as displaying appropriate signage you will need to ensure that you update your ICO registration to reflect the fact that you capture CCTV images and the purpose it serves. Your privacy notice should also include the usage of CCTV. The ICO have compiled a comprehensive CCTV Code of Practice https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/cctv-and-video-surveillance/that will be useful to any school with queries around CCTV. 

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