Information rights
Good information handling provides a range of benefits as well as helping you to comply with the Data Protection and Freedom of Information Acts. We have produced guidance for senior managers about taking a positive approach to information rights.
Data protection – looking after the information you hold about pupils and students
If you handle and store information about identifiable, living people – for example, about school pupils – you are legally obliged to protect that information. Under the Data Protection Act, you must:
- only collect information that you need for a specific purpose;
- keep it secure;
- ensure it is relevant and up to date;
- only hold as much as you need, and only for as long as you need it; and
- allow the subject of the information to see it on request.
Find out about your data protection obligations here.
Your pupils and students have rights to see their personal information. They can make a subject access request to see the personal information you hold about them. They – and their parents – also have the right to see their educational records. We have produced more information on this and what you need to do:
You will also find help on your obligations regarding the storing and release of any references and professional opinions you supply.
Notification with the ICO
If you handle personal information, you may need to notify as a data controller with the Information Commissioner’s Office. Notification is a statutory requirement and every organisation that processes personal information must notify the ICO, unless they are exempt. Failure to notify is a criminal offence. See our page Do I need to notify and how do I maintain my register entry? for more information. If your establishment is not-for-profit, you may be exempt. We have produced guidance about the exemption from notification for not-for-profit organisations.
Employment
As an employer, you are obliged to protect your employees’ personal information. For more information, see our section on employment here; our Quick Guide to the Employment Practices Code gives practical advice on handling employees’ personal information, on monitoring at work and on employees’ rights. You will also find help on your obligations regarding the storing and release of any references you supply.
Exams
Individuals have the right to see their examination results – see our guidance on the type of requests you might get and how to handle them. If you intend to publish exam results in the media, you must inform your pupils and students first. Read our guidance about disclosure of exam results to the media.
Taking photos in schools
The Data Protection Act does not prevent parents and teachers from taking photos of events such as the Christmas play or sports day – asking permission to take photos is normally enough to ensure compliance. Read our guidance on taking photos in schools.
Freedom of information – making public information available
If the educational establishment you work in is a public authority, the Freedom of Information Act means you must produce a publication scheme, which outlines the information you will routinely make available to the public - such as minutes of meetings, annual reports or financial information. What information do we need to publish? To help you do this, we have provided a definition document.
The Freedom of Information Act also means you must disclose official information when people ask for it (unless there is a good legal reason for you not to), and you must reply within 20 working days. Find out about your freedom of information obligations here.
Freedom of information and research information: guidance for the higher education sector
The ICO has produced guidance on freedom of information legislation and research information, specifically for the higher education sector.
Research
We have commissioned some research about young people and data protection. Our most recent research is about young people’s views of privacy in relation to social networking.
Education resources
The use of biometrics in schools
This is our view on the use of biometric technologies in schools for purposes such as cashless catering and borrowing library books.
ICO Higher Education Sector panel on freedom of information
The ICO meets representatives from the Higher Education Sector on a regular basis to discuss information rights within the sector. We will publish our meeting notes of these discussions.
Meeting note – January 2012
Meeting note – September 2011
Meeting note – 12 July 2011
Meeting note – 24 May 2011
Meeting note – 13 April 2011
Meeting note – 27 January 2011
Meeting note – 29 September 2010