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 August 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 collect personal information about you. It applies to Specialist Learning and Employment Adviser Service.
However, the information we will process about you will vary depending on your needs and the service you require.
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 by:
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.
- 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, your parents or carers by post, email or phone conversation
- your school
- the Councils secure system which is shared with North Yorkshire Council
- your local authority
- your Education Health and Care Plan (EHCP)
- the Special Educational Needs (SEN) department
- professional/relevant service reports
- consultation with other professionals
What personal data we process and why
We process the following personal/‘special category data':
- your name, date of birth, contact details for both you, your parents/carers
- ethnicity information
- any special educational needs information
- your current situation, for example whether you are in education, training or employment
- where appropriate any relevant medical information for either you, your parents or carers
- relevant information regarding your status as a young person who is in care of the local authority
- any additional information that is necessary for us to assess and provide you with the service you require including any involvement with specialist services
The information you give us ensures that we can provide guidance regarding special educational provision, transition planning arrangements and post-16 provision (including facilitating Supported Internships). It also enables us to support children and young people 13 to 19 years and for young people with an EHCP up to the age of 25, and their families to meet our legal responsibilities in accordance with the Children and Families Act (2014) and the SEND Code of Practice (2015) and so is necessary for compliance with a legal obligation.
We may also contact you for feedback on our service or the services provided via surveys or consultations. You can withdraw your consent by email: skills@york.gov.uk.
We may use the information to create statistics that are anonymous and cannot be linked back to your family or individuals. We could use these statistics to see how the Targeted Interventions Service, the wider Council and its partners are supporting families and individuals, to help design better services and to contribute to national surveys and government returns for example to the Department for Education.
Automated decision-making
We do not carry out any automated decision-making in Specialist Learning and Employment Adviser service.
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 that we process about individuals is done so in accordance with Article 6 and 9 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.
- (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.
- (f) Legitimate interests: the processing is necessary for the council’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests (this cannot apply if you are a public authority processing data to perform your official tasks).
- Article 9(2)
- (a) Explicit consent
- (c) Vital interests
- (g) Reasons of substantial public interest (with a basis in law)
- (h) Health or social care (with a basis in law)
This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and the following legal framework:
Some of the Schedule 1 conditions for processing special category 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 keep your personal data until you turn 20 or until you are 26 if you have special educational needs, or an Education, Health and Care Plan (EHCP).
It will be archived for period of up to 5 years after which time it will be securely and confidentially deleted or destroyed.
Data sharing
We will only share your information with other council services and other organisations, agencies, partners such as contractors who undertake work on our behalf, government departments, etc where it is appropriate to.
In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information. We may also share information about you with third parties including our data processors, government agencies and external auditors.
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. Some of these are listed below:
- North Yorkshire Council Privacy Notices
- For the DFN Project SEARCH Supported Internships (2024/25):
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.
If 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.
When we use Granicus/Gov Delivery to send you updates, newsletters etc that you have subscribed to, you can find out how they use your information in the Granicus Privacy Policy.
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