Data Protection
Records, Data Protection and GDPR
Rationale
- The policy is to manage records and data in line with the Data Protection Acts 1988-2003 and General data Protection Regulation 2018
- We are aware that pupil learning needs and the recording of where a pupils is in relation to his/her learning and good teaching and good parent-teacher communication.
Policy Aims
- Obtain and process information fairly.
- Keep if for lawful purposes.
- Use and disclose information in ways compatible with these purposes.
- Keep information safe and secure.
- Collect and maintain adequate and not excessive data.
- Retain information for no longer than necessary.
Sensitive and non-sensitive Data
Non-sensitive data relates to PPSN name and address. Sensitive data relates to most other matters such as religion, ethnic or cultural background etc. Written consent will be sought on enrolment to record this information on the P.O.D.
Data Protection Officer
The D.P. O. is the Principal.
Transfer of information about pupils between schools and other Educational Agencies
Section (28) of the Education Act 2000 allows for personal data to be transferred to other schools, the D.E.S. the National Council for Special Education and the Child and Family Agency. The Education Passport requires the school to furnish post primary schools for which the pupils have been accepted with a copy of the end of year report including standardised Literacy and Numeracy test results taken in 6th Class.
State Agencies
Section 8 of the Data Protections Acts 1988-2003 allows for disclosures to be made by the school to:-
- The Gardaí
- The Revenue Commissioners
- Department of Social Protection
- Applications on foot of a court order
- Child and Family Agency
Applications for the release of information should be in writing and should state the purpose for which the information is required.
Rights of Subjects
The Data Protection Acts 1988-2003 enable parents and pupils over 18 years to enquire whether schools are processing information about them and if so to access that information. The Acts enable individuals to ensure that personal information about them is being fairly process and, if not, to have that personal information rectified or erased.
Safe Storage
Data on pupils will be held in either, a filing cabinet in the principal’s office, the secretary’s office or the filing cabinet used by the Special Education Teachers which is kept in the Special Education Room.
Files on pupil’s no longer in school are kept in the strong room.
Tusla reports covering attendance and child protection concerns are retained in a locked filing cabinet in the strong room. The key to the cabinet is kept in a wall safe in the Principal’s Office.
Pupils support plans will be held in their own personal file in the special education filing cabinet or the cabinet in the Principal’s Office. These files may also be held in a group support plan for a particular school year.
Old school report summaries are kept in the Principal’s Office.
Classroom teachers have access to these files and must return them when they are finished consulting them.
Classroom teachers hold copies of the Micra T and Sigma T results of their pupils in their files. The teachers may make such notes as are necessary to conduct parent teacher meetings, to monitor a child’s progress and to plan. This is lawfully held data obtained and held in order for the school to carry out its business.
If this information does not fall under any record type for retention it should be destroyed at the end of the school year.
Retention
Record Type Retention Period
School Register/Roll Indefinitely
Enrolment Forms Until Pupil is 25
Disciplinary Notes Never Destroy
Test Results – Standardised Until Pupil is 25
Psychological Assessments Never Destroy
Professional Assessments Never Destroy
SEN Files Never Destroy
Accident Reports Never Destroy
Tusla Reports Never Destroy
Section 29 Appeals Never Destroy
Interview Records for Staff
Interview Board 18 months
Marking Scheme from completion
B.O.M. Notes +6 months which
is 24 in total.
Staff Records
Contract of Employment Duration of
Teaching Council employment + 7
Registering, Vetting years
Records etc.
Accident/Injury 7 years
at work reports
Teachers Sick Certs 3 years
Board of Management Records
B.O.M. Agenda & Minutes indefinitely
Payroll and Taxation 7 years
Invoices/Receipts 7 years
Audited Accounts Indefinitely
General Data Protection Regulation
G.D.P.R. (25th May 2018) gives data subjects the right to request from school’s whatever data is being stored about them and to withdraw consent to its use. However, a school is entitled to hold lawfully obtained data in order for it to carry out its business. www.gdpr4schools.ie should be used as a guide by the staff to GDPR compliance.
Distance Learning
St. Rynagh’s N.S. has decided to choose Edmodo from the PDST website as our distance learning platform. Teachers are advised to observe the principles of General Data Protection Regulations available at www.gdpr4schools.ie The school is expected to exercise due diligence in choosing an online platform for distance learning. We have chosen Edmodo from the PDST suite of platforms and include an email from PDST supporting the use of platforms listed on their website.
Teachers may offer to telephone or WhatsApp parents of pupils and speak to pupils this way in exceptional circumstances. Our school policies apply to online communications just as they apply to in school activities.