GDPR

UK GDPR

UK General Data Protection Regulations (UK GDPR)

Following Brexit, Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) is retained EU law and known as UK GDPR. The UK GDPR sits alongside an amended version of the Data Protection Act 2018 that relate to general personal data processing, powers of the Information Commissioner and sanctions and enforcement. The GDPR as it continues to apply in the EU is known as EU GDPR. Schools have a legal duty to comply with the UK GDPR.

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What does UK GDPR mean for schools

A great deal of the processing of personal data undertaken by schools falls under a specific legal basis, ‘in the public interest’. As it is in the public interest to operate schools successfully, it means that specific consent is not needed in the majority of cases in schools.UK GDPR ensures data is protected and gives individuals more control over their data, however this means schools have greater accountability for the data:

Under UK GDPR, consent must be explicitly given to anything that isn’t within the normal business of the school, especially if it involves a third party managing the data. Parents (or the pupil themselves depending on their age) must express consent for their child’s data to be used outside of the normal business of the school.

Schools must appoint a Data Protection Officer and be able to prove that they are UK GDPR compliant.
Schools must ensure that their third party suppliers who may process any of their data is UK GDPR compliant and must have legally binding contracts with any company that processes any personal data. These contracts must cover what data is being processed, who it is being processed by, who has access to it and how it is protected.
It is compulsory that all data breaches which are likely to have a detrimental effect on the data subject are reported to the ICO within 72 hours