Education Statutory Consultations - 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.

Your personal data

Argyll and Bute Council will act as the ‘Data Controller’ in regard to 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: 

Data Protection Officer, Argyll and Bute Council, Legal and Regulatory Support, Kilmory, Lochgilphead PA31 8RT. Email: data.protection@argyll-bute.gov.ukTelephone: 01546 605522

What information will we collect?

The information we collect will be outlined in the survey or other material supporting the consultation. Where possible no personal information will be collected. Often surveys will request your name and contact information. Consultations will not normally request special category data.

Why do we need this information?

Argyll & Bute Council conduct surveys and other consultations to gather information from parents/carers and pupils, and staff at its educational settings, as well as other members of the community. This information is collected for the following purposes:

  • To gather feedback on the quality of provision in educational settings and inform improvements.
  • To verify that participants in surveys or consultations are part of the relevant school community.
  • To gather views on proposed changes to educational provision, in line with statutory requirements.
  • To determine whether you are a “relevant consultee” for the purposes of a statutory consultation.

If responses from pupils raise specific issues, we may use these to put in place appropriate support. If any response raises child protection concerns these will be addressed through the council’s safeguarding processes.

The lawful basis for collecting your information in these circumstances is:-

Article 6(1)(e) – Public task on the basis of the obligations placed on the Authority to consult with parents and pupils and improve our services as outlined in the legislation below:

  • Education (Scotland) Act 1980
  • Education (Additional Support for Learning) (Scotland) Act 2009
  • Scottish Schools (Parental Involvement) Act 2006
  • Standards in Scotland’s Schools etc. Act 2000
  • Schools (Consultation) (Scotland) Act 2010
  • Children and Young People (Scotland) Act 2014

What we will do with your information?

We may share your personal data and feedback to the appropriate service(s) within the Council who are responsible for carrying out an analysis of consultation responses.  Your personal data may also be used to contact you to advise on how your consultation feedback has been processed and how it has helped to inform our work.  We may also append consultation responses to any published report on the consultation unless your have requested otherwise. A summary of responses will be included in the body of the report.

We will share your full response, including any personal data supplied, with His Majesty’s Inspectors of Education (HMIE), in line with the requirements of the Schools (Consultation) (Scotland) Act 2010.

Your data will be stored on servers located within the United Kingdom.  We will take all reasonable steps to ensure that your data is kept secure, and more information on how we do this can be provided by contacting the Data Protection Officer (contact details can be found above).

The Council has a number of AI (Artificial Intelligence) systems in use, most notably Microsoft Copilot. These systems are used as productivity assistants and the data is kept securely within the Council Network.

These AI systems do not make decisions for the Council. All AI-generated content requires to be manually checked/verified before it is used operationally.

How long will we keep your information?

Your personal information will only be kept for as long as required following closure of the consultation, up to a period of one year, after this period it will be destroyed under secure arrangements. Your consultation response, from which any personal information has been removed, may be kept for longer, in the event that it becomes part of a file in relation to the specific consultation you have responded to. If your response gives rise to a need to offer specific support it may be retained, as part of your or your child’s Educational Record, for 5 years following completion of school education.

More information on our retention policy can be obtained from the Data Protection Officer if required.

Automated Decision Making

No automated decision making will take place.

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 (not applicable)
  • 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 (not applicable)
  • 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

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