City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563. We regularly review this privacy notice, and it was last updated in October 2024.
CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).
This privacy notice tells you what to expect when we process your information, and it applies to schools’ services including:
- Schools Services
- Admissions and appeals
- Free home to school and college transport and appeals
CYC is the controller for this information unless we specifically state otherwise in this privacy notice.
You can contact the council’s Data Protection Officer at:
West OfficesStation Rise
York
YO1 6GA
Telephone: 01904 554145.
Email: information.governance@york.gov.uk.
This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.
When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.
- How we collect your information
- What personal data we process and why
- Automated decision-making
- Collecting information automatically
- Children's information
- Lawful basis for processing your personal data
- How long we keep your personal data
- Data sharing
- Data processors and/or third parties
- Transfers of personal data
- How we protect your information
- Your rights in relation to this processing
How we collect your information
We get information about you from the following sources:
- directly from you
- parent, carer, or guardian
- Common Transfer Files (CTFs)
- secure file transfers from schools or other public sector bodies and Academy Trusts
- Census data from Office for National Statistics (ONS)
- when you take part in our surveys or consultation
Primary Care Trusts (PCTs) may also provide individual schools and Local Authorities (LA) with aggregated health information which will not identify individual children.
What personal data we process and why
We process the following personal data, special categories of personal data and criminal offence data:
- names
- contact details such as addresses, email addresses, phone numbers etc
- personal identifiers such as dates of birth (DOB), National Insurance Number (NINO) etc
- characteristics such as ethnicity, language
- safeguarding information such as court orders and professional involvement
- special educational needs, including the needs and ranking
- attendance such as sessions attended, number of absences, absence reasons and any previous schools attended
- behavioural information such as exclusions and any relevant alternative provision placements put in place
- details of current school
- reasons for submitting an Admissions or Transport appeal
- medical information
- bank Account details
- family income information (including any social security benefits)
- your opinions, comments and feedback when you take part in our surveys and consultation
If you take part in our surveys or consultations you can withdraw your consent at any time by contacting the appropriate service such as for home to School or College transport email: cyp.transport@york.gov.uk.
If you take part in our admissions consultations, you can withdraw your consent at any time by email: admissionsconsultation@york.gov.uk.
We use your information to:
- provide you with our services i.e., enable us to carry out services we are responsible for
- free school meal eligibility checking
- respond to general education queries etc
- allocating school places
- processing school applications and appeals
- processing free home to school or college transport applications and appeals
- support the education provision for young people living in York up to the age of 20 (and beyond this age for those with a special education need or disability).
- derive statistics for reports and to inform decisions such as the funding of schools and planning of school places
- provide research and statistical reports to support the PCTs to develop, monitor and evaluate the performance of local health services
- assess performance and to set targets
- any additional information that's necessary for us to assess and provide you with the service you require (including disability requirements)
When we use the information for reporting, research, and statistical purposes, it will be anonymised which means the information will be turned into a form that cannot be linked back to you and does not identify individuals.
Automated decision-making
We do not carry out any automated decision-making in Schools Services and Admissions.
Collecting information automatically
Please see our Cookies Policy for further information about the information we collect automatically when you use our website.
Children’s information
Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.
Lawful basis for processing your personal data
Any personal data including special category data and criminal offence data that we process about individuals is done so in accordance with Article 6, 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).
- Article 6(1)
- (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
- (c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations).
- (e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
- Article 9(2)
- (a) Explicit consent
- (b) Employment, social security and social protection (if authorised by law)
- (g) Reasons of substantial public interest (with a basis in law)
This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and legislation such as:
- Education Act 1996
- Localism Act 2011 section 1(1)
- Department for Education’s Legal Compliance Guide
- Section 512ZB of the Education Act 1996 states: Provision of free school lunches and milk
- Education Act 1996 (Section 512ZB)
- Admissions – School Admission Appeals Code that was issued under s.84 of the School Standards and Framework Act 1998
- Exclusions – The School Discipline (Pupil Exclusions and Reviews) (England)
- Regulations 2012 and s.52 of the Education Act 2002
- Transport – Education Act 1996 and statutory guidance - Home-to-school travel and transport 2014
Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.
Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice.
Our Appropriate Policy Document provides further information about this processing.
How long we keep your personal data
We will only keep your information for as long as it is needed and then it will be securely and confidentially destroyed or deleted.
You can find more details about how long the council keeps records in the council retention schedule.
Data sharing
We will only share your information with other council services where it is appropriate to such as:
- Business Intelligence Unit
- Families Information Service
- professionals from health, social care, and Early Help teams
- School Admissions and Appeals Service clerks
- Children and Young People Transport team
- Members of independent panels and appeals panels or committees such as home to school transport appeals committee
We will only share your information with organisations, agencies, government departments, etc where it is appropriate to, such as:
- youth support services (pupils aged 13+)
- government departments such as Department of Work and Pensions (DWP) etc
- other local authorities
- schools, academies, and other providers of education
- external providers of our commissioned services such as transport providers
- auditing services
- post-16 education and training providers to secure appropriate support for individuals
- education establishments which show what their pupils go on to do after the age of 16.
We share some of the information we collect with the Department for Education (DfE) to enable them to:
- produce statistics
- assess our performance
- determine the destinations of young people after they have left school or college
- evaluate government funded programmes
Decisions on whether the DfE releases personal data to third parties are subject to a robust approval process and are based on:
- a detailed assessment of who is requesting the data
- the purpose for which it is required
- the level and sensitivity of data requested
- the arrangements in place to store and handle the data
To be granted access to pupil level data, requesters must comply with strict terms and conditions covering the confidentiality and handling of data, security arrangements and retention and use of the data.
See guidance on GOV.UK regarding the national pupil database.
See guidance on GOV.UK regarding DfE external data sharing, for information on which third party organisations (and for which project) pupil level data has been provided to.
In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information.
We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.
Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.
Data processors and/or third parties
Where we have third parties providing parts or all of our services for us, we have contracts or agreements in place with them. These are listed below.
If you require more information about how the DfE store and use your personal data please see information on GOV.UK regarding the DfEs data protection policy.
The Access Group provide parts of our services and we have a contract in place with them. You can find more information about them in The Access Group Privacy Notice.
Where we use Fix Our Food you can find out how they use your information in the Fix Our Food Privacy Policy.
If we use Microsoft Teams, to contact you, to gather information from you, or if we are recording or transcribing our discussion or meeting with you, we will let you know. You can find more details about this in the City of York Council Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice.
When we use SurveyMonkey for our surveys or consultation etc you can find out how they use your information in the SurveyMonkey Privacy Notice.
When we use Eventbrite for arranging and organising events etc you can find out how they use your information in the Eventbrite Privacy Policy.
Where we use Granicus/Gov Delivery to send you updates, newsletters etc you can find out how they use your information in the Granicus Privacy Policy.
If we use Zoom to contact you or meeting with you, we will let you know. You can read Zoom’s privacy statement and Zoom's Certifications and Attestations.
Where we use WhatsApp to contact you, you can find out how they use your information in the WhatsApp Privacy Policy.
Transfers of personal data
We do not routinely transfer personal data outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.
How we protect your information
We're committed to keeping your information safe and secure. There are several ways we do this, such as:
- IT security safeguards such as firewalls, encryption, and anti-virus software
- on-site security safeguards to protect physical files and electronic equipment
- training for all staff and elected councillors
- policies and procedures
Your rights in relation to this processing
To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.
You can also find information about your rights in our Privacy Notice.
If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:
Data Protection OfficerCity of York Council
West Offices
Station Rise
York YO1 6GA