Education at home - Privacy Statement

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:

Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT. 

Email:  Iain.Jackson@argyll-bute.gov.uk   or  data.protection@argyll-bute.gov.uk  

Telephone:  01546 604188 or 01546 605522   

The information we need to collect is shown in the Education at Home application form. We may also require special category information (also known as ‘sensitive personal data’ such as health details and/or additional support needs information. 

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 consider your request to be home educated.

If you do not provide this information then we will be unable to respond to your request and education provision will remain with the school. 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.  Sections 1 and 2 state that young people have a right to be educated and the Education Authorities have a duty to secure that education.
• Education (Scotland) Act 1980 – Section 30 which states that "it shall be the duty of the parent of every child of school age to provide efficient education for him suitable to his age, ability and aptitude either by causing him to attend a public school regularly or by other means".

Consent:

• We will request your explicit consent to share information with other services as outlined below.

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. This will only happen if you provide consent:

NHS for vision screening, dental screening and inoculations

Skills Development Scotland (SDS) to support you in achieving a positive destination after completing your education

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

Multi-Agency Public Protection Arrangements partnership in relation to the Community Justice (Scotland) Act 2016

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 can be provided by the Data Protection Officer, or on request to School Support 01369 704000.

How long will we keep your information?

We will usually keep your information

• until you are 16 years of age
• until you return to school education
• until you leave Argyll and Bute Council education authority area

If any of the above apply to you your data 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 can be provided by the Data Protection Officer, or on request to School Support 01369 704000

Automated Decision Making

No automated decision making is undertaken using data provided for home education requests.

Your Rights

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

• to withdraw consent at any time, where the lawful basis specified above is consent
• to lodge a complaint with the Information Commissioner’s Office – see below for details
• to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
• 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 far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.

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