Pupil data: Children not in education

Defend Digital Me made this Freedom of Information request to Cornwall Council

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Defend Digital Me

Dear Cornwall Council
under the terms of the FOI Act 2000, please can you provide the following information with regards to existing practice on recording and retaining personal data at individual named child level, whether data is collected on a voluntary basis from the person, or otherwise.

For Question one, 1.1 to 1.4 , we expect a yes/no answer only for each scenario. For question 1.5 please explain if necessary in free text.
Question two may be met by providing a copy of a Data Protection Impact Assessment for each relevant dataset.
For Question three, we expect a yes/no answer only and/or the register name.
Question four does not ask for personal details.

Thank you.
Sincerely,
Jen Persson
defenddigitalme

Definitions
Child (anyone aged under 18)
Records (data in any digital format, ie.spreadsheets, databases etc)
Educational setting (Any provider of state funded education: nursery, infant, primary, secondary, FE, AP, Hospital school, YOI etc)

Q1. On what grounds is a child’s personal data processed in or on behalf of Cornwall Council
1.1 When a child is deregistered
a. To receive an education otherwise than at school
b. Due to permanent exclusion
c. Due to unauthorised and unexplained absence (authorised absence plus ten days or 20 days) for which reasonable enquiries have been unable to resolve
d. To move from state into independent (private) education
e. To move out of independent (private) education to anything else

1.2 When the destination from the following is unknown
f. Nursery
g. Alternative provision
h. Custody
i. Post-16 education

1.3 When the authority becomes aware of
j. A child being educated otherwise than at school
k. A child about whose education there is nothing known
l. A child whose parents the authority considers to be failing to provide a suitable education

1.4 When the authority has children in its geographical area that may be passing through but not in education
m. child born outside England
n. a child of a service family (army, navy etc)
o. a child of a family without permanent address

1.5 Please provide any other circumstances or grounds in which the authority becomes aware of children not in education, about which they may make a record, for any other reason not listed.

Q2. About the databases or registers currently processed.

2.1. For each scenario and/or separate records used, please provide
a. the relevant Data Protection Impact Assessment
b. If no DPIA exists, the name/title of the database/spreadsheet used.
c. If no DPIA exists, the field names (ie which data items may be collected)
d. If not listed in the DPIA or none exists, please state on which legislation does each data collection rely? i.e The Children Act 1989, Duty to identify ‘Children Missing Education’ (s436a Education Act 1996), Education (Pupil Registration) Regulations (England) 2006, Children Missing Education Statutory guidance for local authorities 2016, the Elective home education: departmental guidance for local authorities 2019 or state which if something else.)
e. The numbers of individuals in each database as of June 30, 2021.
f. The numbers of individuals in each database who are children on June 30, 2021.
g. The earliest record start date that is still retained by the authority for any of the above (i.e what is the oldest record currently processed includes those who may no longer be children)
h. where children are listed as ‘unknown’ (at any age including post-16 in Youth Employability Services) what data sources are used to create a record or make an intervention? (ie Revenue and Benefits data, Pre 16 Risk of NEET Indicator, UCAS, social media etc)

Q3. Does the Local Authority maintain a record of other parties to whom such data has been distributed or shared?

Q4. Where does responsibility (Job title, Department no personal details requested) for
a) processing and b) the oversight of the above processing sit?

Cornwall Council

Thank you for your Freedom of Information (FOI)/Environmental Information
Regulations (EIR) request - Reference FOI-101005628139. In normal
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We deal with around 2000 FOI/EIR requests for information each year, with
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Further information on the FOI process in general can be found at
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You have a right to withdraw consent to your Freedom of information
request at at any time by contacting: Freedom of Information, New County
Hall, Treyew Road, Truro, TR1 3AY or [3][Cornwall Council request email]

If you would like to access any of the information we hold about you or
have concerns regarding the way we have processed your information, please
contact: Data Protection Officer, Cornwall Council, County Hall, Truro,
TR1 3AY.

Email: [4][email address] Tel: 01872 326424

We would prefer you to contact us in the first instance to give us the
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Tel: 0303 123 1113
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Further details can be found on the full [6]privacy policy.

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
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3. Email Freedom of Information
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Together for Families - Freedom of Information, Cornwall Council

1 Attachment

Information Classification: CONTROLLED

Dear Jen Persson,

 

Your request under the Freedom of Information Act 2000 or Environmental
Information Regulations 2004)

 

Thank you for your request.

 

In order for us to complete your request and provide a response, we need
to clarify the information that you require as we are not entirely clear
on aspects of your request. Therefore please could you clarify:

 

For all questions: are the questions relating specifically to Education
Service recording systems?

 

Question 1: Question 1 is asking “On what grounds is a child’s personal
data processed….”, however the answers you have requested are yes and no
answers which does not fit the question. Please could you clarify whether
you are asking if we process personal data (which would fit a yes no
answer) or if you are asking us to explain on what grounds we would
process data for each individual scenario given.

 

Please note that until we receive your response, we will not be able to
start processing your request, and the 20 working day limit will not
begin. If we do not receive a response to this letter within one month of
the above date, we will assume that you no longer require this
information. Otherwise we look forward to receiving your response and
completing your request as soon as possible.

 

Cornwall Council is committed to open and transparent government and
provides information to members of the public about all aspects of the
authority. 

 

We deal with around 2000 FOI/EIR requests for information each year, with
the cost to the Council ranging between £25 and £450 per request. You may
be able to find the information by checking previous responses on our
[1]Disclosure Log, the Council’s [2]Publication Scheme, or by checking the
Council’s website at [3]www.cornwall.gov.uk.  Therefore if you do
subsequently find the information you require by this method and no longer
wish us to process your request, please do let us know.

 

If you wish to complain about the way the Council is dealing with your
request, please write to:

 

Freedom of Information Complaints

Cornwall Council

Room 4N

County Hall

Treyew Road

Truro

TR1 3AY

 

Email: [4][Cornwall Council request email]

 

If this does not resolve the matter to your satisfaction, you have the
right to apply directly to the Information Commissioner's Office, their
contact details are:

FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: [5][email address]

Yours sincerely

 

Andrew Robinson | Complaints and Freedom of Information Officer

Together for Families | Cornwall Council

 

[6][email address] | Internal: 492753| External: 01872
322753

 

Practice Development and Safeguarding Standards, 3^rd Floor West Wing, New
County  Hall, Truro, TR1 3AY

[7]www.cornwall.gov.uk

[8]Cornwall Council

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
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Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
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References

Visible links
1. http://www.cornwall.gov.uk/council-and-d...
2. http://www.cornwall.gov.uk/council-and-d...
3. http://www.cornwall.gov.uk/
4. mailto:[Cornwall Council request email]
5. mailto:[email address]
6. mailto:[email address]
7. http://www.cornwall.gov.uk/

Defend Digital Me

Dear Together for Families - Freedom of Information,

Yes, Question 1 asks whether or not (yes or no) you process data for each individual scenario given

Under FOI terms, you are not required to answer this way, we were trying to make it easy and fast for you. Please provide the information in the way you have available. Everything is about the subject "Children not in education" and asks about current practice on recording and retaining personal data at individual named child level.

Question one asks for information detailing the circumstances in which the authority becomes aware of children not in education, about which they may make a record. Which children do you capture what info on, when and why? Trying to save you time making free text response, we provided many of the grounds a child’s personal data processed and expected this to explain the conceivable scenarios in which the Council does or does not have data about children not in education. If you do not want to answer yes no, please simply explain whether or not children's personal data is processed for these scenarios.

Thank you.
Sincerely,

Jen Persson
Defend Digital Me

Together for Families - Freedom of Information, Cornwall Council

2 Attachments

Information Classification: CONTROLLED

Dear Jen,

 

Your request under the Freedom of Information Act 2000/ Environmental
Information Regulations 2004

 

Thank you for your request.

 

Please find attached the Council’s response to your request. 

 

We hope that this fully satisfies your enquiry, but should you require
further information at any time please feel free to contact us.

 

Cornwall Council is committed to open and transparent government and
provides information to members of the public about all aspects of the
authority. 

 

We deal with around 2000 FOI/EIR requests for information each year, with
the cost to the Council ranging between £25 and £450 per request. You may
be able to find the information by checking previous responses on our
[1]Disclosure Log, the Council’s [2]Publication Scheme, or by checking the
Council’s website at [3]www.cornwall.gov.uk.  

Most of the information that we provide in response to Freedom of
Information requests will be subject to copyright protection. In most
cases the copyright will be owned by Cornwall Council. The copyright in
other information may be owned by another person or organisation, as
indicated in the information itself.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting.

 

If you’re not happy about the outcome of your response, you have the right
to request an Internal Review. This must be done within 40 working days of
the receipt of your response.

 

You can do this by letter or email to the contacts below:

 

Freedom of Information Complaints

Cornwall Council

Room 4N

County Hall

Treyew Road

Truro

TR1 3AY

 

Email: [4][Cornwall Council request email]

 

If this does not resolve the matter to your satisfaction, you have the
right to apply directly to the Information Commissioner's Office, their
contact details are:

FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: [5][email address]

Yours sincerely

 

 

Andrew Robinson | Complaints and Freedom of Information Officer

Together for Families | Cornwall Council

 

[6][email address] | Internal: 492753| External: 01872
322753

 

Practice Development and Safeguarding Standards, 3^rd Floor West Wing, New
County  Hall, Truro, TR1 3AY

[7]www.cornwall.gov.uk

[8]Cornwall Council

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
Act 2000 or the Environmental Information Regulations 2004. Security
Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
liability for any damage caused by a virus.

References

Visible links
1. http://www.cornwall.gov.uk/council-and-d...
2. http://www.cornwall.gov.uk/council-and-d...
3. http://www.cornwall.gov.uk/
4. mailto:[Cornwall Council request email]
5. mailto:[email address]
6. mailto:[email address]
7. http://www.cornwall.gov.uk/