Education Additional Year in ELC - Privacy Statement

A new data protection law was introduced on 25th May 2018. As a result, we've updated our Privacy Notice to make it easier for you to find out how we use, process and protect your information.

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ in regard to the personal data you provide to us. The Data Protection Officer can be contacted at the Council’s headquarters is at Kilmory, Lochgilphead PA31 8RT.  The email address is: data.protection@argyll-bute.gov.uk   

We require general details such as your name and contact detail.  However for the purposes of this specific service, the personal data we require includes special category information about you (also known as ‘sensitive personal data’ which may include race / ethnic origin, religious beliefs or health details.  These are detailed on the Additional Year in ELC request form.

When we are using this more sensitive type of personal information, our legal basis is usually that we require the information for reasons of substantial public interest for aims that are proportionate and which contain appropriate safeguarding measures

Why we need this information?

Your information is being collected for the following purpose:

To assess if you can be granted an additional year in an Early Learning and Childcare setting prior to entry into primary school.

We need to know this basic personal data in order to provide you with the services we provide that you have requested and to establish our rights in relation to those services. If you do not provide this information then we will be unable to assess your request.  We will not collect any personal data from you that isn’t needed for delivery of those services.

The legal basis for collecting your information in these circumstances is:

Legal Obligation: Standards in Scotland’s Schools etc Act 2000 section 34 places a responsibility on the Education Authority to assess if Additional Year in ELC requests can be granted. Where children are born in January and February, the Education Authority has a duty to secure an extra year of Early Learning and Childcare. Older children will be granted an additional year at the discretion of the Education Authority.

What we will do with your information?

All of the information we collect from you will be processed by staff in the United Kingdom.  

Your information will be shared with the recipients or categories of recipients listed below:

What we will do with your information when your extra year is automatically agreed

Who we will share with

Reason for Sharing

Early Learning establishment you current attend or the establishment you wish to attend for your extra year to advise if you are taking the extra year with them
Requested Primary School to advise you are automatically entitled to an extra year of early learning and childcare
What we will do with your information when your extra year is at the discretion of the Education Authority

Who we will share with

Reason for Sharing

Early Learning establishment you current attend or the establishment you wish to attend for your extra year to get information about you to help determine if an extra year is appropriate and to advise if you are taking the extra year with them
Requested Primary School to advise you have requested an extra year of early learning and childcare and to advise if has been granted
Early Years Team to enable an assessment to be carried out
Educational Psychological Services if they have been involved with you
Other agencies, such as NHS, Speech and Language if they have been involved with you

You should also be aware that your data will be stored on servers located within the United Kingdom; the data will not be processed outside the European Union.  We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this is provided on the Council website (www.argyll-bute.gov.uk ) or can be provided in paper format on request to School Support on 01369 704000.

How long will we keep your information?

We will usually keep your information, assessments and all correspondence for a minimum of 3 years. After this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose for which it was obtained.  More information on our retention schedule is provided on the Council website (www.argyll-bute.gov.uk ) or can be provided in paper format on request to School Support on 01369 704000.

Automated Decision Making

If you are born in January or February you are automatically entitled to an additional year of early learning and childcare. You must still make an application for a place. You do not have to take this place if you decide you want to start primary school.

Your Rights

When you provide information to the Council, you will have the following rights:

  • to withdraw consent at any time, where the legal basis specified above is consent
  • to lodge a complaint with the Information Commissioner’s Office
  • to request access to your personal data
  • to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
  • to request rectification or erasure of your personal data, as so far as the legislation permits

You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.

Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights. 

Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone:  0303 123 1113   Email:  casework@ico.org.uk 

The Information Commissioner’s Office – Scotland

45 Melville Street, Edinburgh, EH3 7HL

Telephone:  0303 123 1115  Email:  Scotland@ico.org.uk    

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