Fair Processing Notices
Fair Processing Notices
REQUIREMENTS WITH RESPECT TO "FAIR PROCESSING" UNDER THE DATA PROTECTION ACT AND THE PASSING OF INFORMATION TO CONNEXIONS
"Fair processing" under the Data Protection Act Schools, Local Authorities (LAs), the Department for Children, Schools and Families (DCSF)) , the Qualifications and Curriculum Authority (QCA), Ofsted, the Learning and Skills Council (LSC), Department of Health (DH), Primary Care Trusts (PCTs) and organisations that require access to data in the Learner Registration Scheme as part of the Managing Information Across Partners (MIAP) programme are all "data controllers" under the Data Protection Act 1998 in that they determine the purpose(s) for which "personal data" (ie data about living individuals from which they can be identified) is processed and the way in which that processing is done.
Data controllers have to provide "data subjects" (individuals who are the subject of personal data) with details of who they (the data controllers)are, the purposes for which they process the personal data, and any other information that is necessary to make the processing of the personal data fair, including any third parties to whom the data may be passed on. This is normally done by what is referred to as a "fair processing notice".
Pupils, as data subjects, have certain rights under the Data Protection Act, including a general right to be given access to personal data held about them by any data controller. There is a presumption (endorsed by legal guidance issued by the Information Commissioner) that a child of twelve years of age and over has sufficient maturity to exercise their rights themselves, though in practice there will be exceptions to this.
Fair Processing Notices are in three layers. Layer 1 is issued by schools to parents/carers and children aged 12 years and over.
Layer 2 and layer 3 can be accessed using the links below:
