Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

Dear Ms Persson,

I refer to your request for information as outlined below: 

2017 – 0052570 – Pupil data licencing agreements ref: Third Party register
as published in Aug 2017- received 2 November 2017

2017 – 0052699 – Pupil data security and costs – received 3 November 2017

2017 – 0052705 – ASP (Analyse School Performance) service - received 3
November 2017

2017 – 0055195 – Refugee children - received 20 November 2017

I have dealt with your requests under the Freedom of Information Act 2000
(“the Act”) and the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004.

We note that each of the above requests are in relation to DfEs policies
with an overarching theme and common thread in terms of the nature of the
information that has been requested specifically the usage of pupil level
data. As such, these have been considered together when responding.

I confirm that the Department holds information within scope of the
requests. 

The Department estimates that the cost of complying with your combined
requests would exceed the cost threshold applicable to central Government.
This is £600 and represents the estimated cost of one person spending 3½
working days locating, retrieving and extracting the information. 

Regulation 5 provides that where two or more requests for information are
made to a public authority by one person, the estimated cost of complying
with any of the requests is to be taken to be the total costs of complying
with all of them where the two or more requests relate to any extent to
the same or similar information, and those requests are received within
any period of 60 consecutive working days.

As the above requests were received within a period of 60 consecutive
working days and that the appropriate limit under section 12 of the Act
would have been exceeded by complying with that request, the Department is
not therefore obliged to comply with any of your requests and under
section 12 will not be processing them further.

If, however, you were to make a request for a narrower category of
information or limit the scope of your requests, the Department may be
able to comply with that request within the cost limit, though I cannot
guarantee that this will be the case.

In order to narrow your requests, you may wish to consider selecting 2017
– 0052570 and 2017 – 0052705 as we have estimated that searching for the
information in scope of both of these requests can be completed within the
cost threshold. 2017 – 0052699 would need to be considerably reduced in
scope due to the volume of records requested, for instance you could
narrow the request by asking for a reduced number of specific security
questionnaires. 2017 – 0055195 may also be manageable within the cost
limit either alone or coupled with another request, though I cannot
guarantee that this will be the case.

I should point out that apart from narrowing your existing aggregated
request, if the Department receives from you further requests which relate
to any extent to the same or similar information within 60 days of at
least one of those requests, your further requests will be aggregated with
the earlier requests for cost threshold purposes.

Regulation 5 also makes provision for the same aggregation arrangements to
apply in circumstances where different persons appear to the public
authority to be acting in concert or in pursuance of a campaign.

If you have any queries about this letter, please contact me. Please
remember to quote the reference numbers above in any future
communications.

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter.  Your complaint will be considered by
an independent review panel, who were not involved in the original
consideration of your request. 

If you are not content with the outcome of your complaint to the
Department, you may then contact the Information Commissioner’s Office.
 

Yours sincerely,

Samantha Morrison

Data Modernisation Division

Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

Dear Ms Persson

Thank you for your recent enquiry. A reply will be sent to you as soon as
possible.

For information; the departmental standard for correspondence received is
that responses should be sent within 20 working days as you are requesting
information under the Freedom of Information Act 2000. 

Your correspondence has been allocated reference number 2017-0056929

Thank you

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 22

You appear to have aggregated an FOI request to me that I did not make:

2017 – 0055195 – Refugee children - received 20 November 2017

I would be grateful if you can correct, and reconsider the hours required
to reply. If you cannot provide these in under a total of three days work
-- and you calcualte would therfore still exceed the costs, then please
reply to only the FOI request made on November 1, Pupil data: licensing
agreements ref Third Party register as published in Aug 2107.

Thank you for your consideration.

Sincerely,

Jen Persson

show quoted sections

Dear Jen Persson

Apologies for the confusion. The FOI you refer to is below:

Dear Department for Education,

please provide a copy of each version of the MOU listed on page 9 of 18 in
the MOU v2.1 in paragraph 11.2 Version History

versions 0.1 through to 2.1.

(Ref the MOU 2.1 page 9/18
[1]https://www.whatdotheyknow.com/request/3...)

Thank you for your consideration.

Sincerely,

Jen Persson

The team responsible for correspondence have entitled the request
'Children : refugee children' which is where the confusion has arisen. As
this is in relation to DfEs policies with an overarching theme and common
thread in terms of the nature of the information that has been requested
specifically the usage of pupil level data, my previous response still
stands.

Sincerely

Samantha Morrison

References

Visible links
1. https://www.whatdotheyknow.com/request/3...

Dear Ms Persson,

REF: 2017 – 0056929

Thank you for your request, which was originally received 2 November 2017.
The request was then re-submitted on the 30 November 2017 following our
response explaining how the estimated cost of compiling with your recent
requests would exceed the cost threshold.

You asked the following:

With reference to pupil data recipients, and requests, in the Third Party
register published in August 2017
([1]https://www.gov.uk/government/publicatio...)
please provide original copies of the licensing agreements between the DfE
and the recipient / recipient's organisation for the use and terms of
agreement restrictions on the data sent or requested.

These should be copies of original applications and agreements, made in
conjunction with these data releases.

Please provide, separately if not listed in these agreements, the terms of
use of the data. For example, but not exclusively, regards re-use, onward
use by other third parties, onward selling or sharing in any format of any
of the data provided under these requests.

a. 28/11/2016 The Football Association Premier League Ltd b. 15/3/2016 FFT
Education Ltd c. Angel Solutions Ltd dfe reference DR170221.02 d.
05/08/2016 Save the Children Fund e. 15.06.2016 Ministry of Justice (MOJ)
f. 27.2.207 Action Tutoring g. 5.9.2013 University of Cambridge Institute
of Criminology h. 12.5.2016 Behavioural Insights Team Ltd (BIT) i.
Locrating Ltd  dfe reference DR170518.02 j.  The Gatsby Charitable
Foundation dfe reference DR161117.01 k. SQW DfE Reference DR170314.02 l.
21.3.2017 British Broadcasting Corporation m. 29.9.2016 DWP n. the
application for 23.1.2017 Early Excellence Limited (rejected).

I have dealt with your request under the Freedom of Information Act 2000
(“the Act”) and have provided copies of the original applications* and
agreements for those listed above with the exception of:

g. 5.9.2013 University of Cambridge Institute of Criminology - we have
been unable to retrieve this documentation dating back to 2013.

k. SQW DfE Reference DR170314.02.- The case was not pursued so there is no
data schedule. The application only is attached for this request.

n. 23.1.2017 Early Excellence Limited (rejected). - The case was rejected
so there is no data schedule. The application only is attached for this
request.

*Please note that these are the original application forms as submitted to
us and do not reflect any subsequent email communications with the
requester to clarify their requirements and limit the data requested to
only that which was needed and provided.

You will notice that the information attached contains a number of
redactions to which we are applying section 40(2) (personal data).
Personal data is that which relates to a living individual who can be
identified from that data, or from that data and other information which
is likely to be in, or to come into, the possession of the requestor.
Disclosure of this information would contravene a number of the data
protection principles in the Data Protection Act 1998, and would be
regarded as ‘unfair’. By that, we mean the likely expectations of the data
subject that his or her information would not be disclosed to others and
the effect which disclosure would have on the data subject. Section 40(2)
is an absolute exemption and is not subject to the public interest test.

The information supplied to you continues to be protected by copyright.
You are free to use it for your own purposes, including for private study
and non-commercial research, and for any other purpose authorised by an
exception in current copyright law. Documents (except photographs) can be
also used in the UK without requiring permission for the purposes of news
reporting. Any other re-use, for example commercial publication, would
require the permission of the copyright holder.

Most documents produced by a government department or agency will be
protected by Crown Copyright. Most Crown copyright information can be
re-used under the Open Government Licence
([2]http://www.nationalarchives.gov.uk/doc/o...). For
information about the OGL and about re-using Crown Copyright information
please see The National Archives website
-[3]http://www.nationalarchives.gov.uk/infor...
.

Copyright in other documents may rest with a third party. For information
about obtaining permission from a third party see the Intellectual
Property Office’s website at [4]www.ipo.gov.uk.

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter.  Your complaint will be considered by
an independent review panel, who were not involved in the original
consideration of your request.  

If you are not content with the outcome of your complaint to the
Department, you may then contact the Information Commissioner’s Office.

Yours sincerely,

Nicola Crosby

Department for Education

References

Visible links
1. https://www.gov.uk/government/publicatio...
2. http://www.nationalarchives.gov.uk/doc/o... blocked::http://www.nationalarchives.gov.uk/doc/o...
http://www.nationalarchives.gov.uk/doc/o...
3. http://www.nationalarchives.gov.uk/infor... blocked::http://www.nationalarchives.gov.uk/infor...
http://www.nationalarchives.gov.uk/infor...
4. http://www.ipo.gov.uk/ blocked::http://www.ipo.gov.uk/
http://www.ipo.gov.uk/

Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.