Confidentiality, data protection and disclosure of information in academy trusts and schools
Data protection and information sharing affects the people you employ, through to students and any third parties you are engaged with.
You will hold, use and potentially share a wide variety of personal information about the people you employ through to your pupils and students and any third parties you are engaged with. The costs and risks of mismanaging data are high; with high fines, reputational issues and even criminal penalties should things go wrong.
The General Data Protection Regulation (GDPR), which came into effect in May 2018 superseded the Data Protection Act 1998. It revolutionises data protection and has a potentially huge impact on UK schools, academies and colleges. With it comes significant change and a culture of privacy that must be embedded within your organisation. Those in breach of the GDPR will face heavy financial penalties of up to €20 million or 4% of global turnover, whichever is highest.
Our expert team of lawyers advise and assist schools on the approach you should be taking to handling data within your organisation. We advise on all areas of information law from the implications of data protection to the Freedom of Information Act.
What we do...
-
Draft and review of contracts – we support our clients in drafting and reviewing contracts, licensing agreements, service agreements, privacy notices, and other policies and procedures to help ensure compliance with European data protection rules.
-
Developments in privacy laws and guidance - we regularly advise clients on the implications of developments in privacy laws and guidance.
-
Supporting data breach management - we have extensive experience of providing legal support to clients at all stages, including preparation and prevention, training, crisis management and resolution and recovery. We have strong connections with third parties who can provide specialist non-legal support, for example, threat intelligence, IT security specialists, public relations and credit monitoring. We can manage the process to ensure a coordinated approach protected by legal privilege.
-
Supporting privacy related litigation - we advise clients who are bringing or defending civil actions for breach of data protection, breach of confidence and for misuse of private information. We defend clients under investigation for criminal offences related to unlawful use of personal information. We also support victims of data crime or those have acted as witnesses in criminal investigations.
-
The General Data Protection Regulation (GDPR) - we understand how the GDPR impacts UK businesses and are working with clients to lead efforts on their GDPR and cyber-security compliance programmes.
-
Training and updates - we offer bespoke on-site training on data protection and cybersecurity issues. Our wider programme of training and legal updates also enables you to stay informed on developments in privacy laws and guidance.
-
Responding to and undertaking law enforcement requests for access to personal data - we advise on managing requests for information from a wide range of law enforcement bodies. We have advised clients on complying with mandatory and discretionary requests. In doing so, we are always mindful of the risks arising from the Freedom of Information Act.
-
Data protection audit - we offer a range of auditing services advising organisations on their internal approach to data protection and privacy and data breach. We manage the registration and renewal process for notifications with the Information Commissioner’s Office (ICO).
Featured experience
A national public body
Advising a national public body on its policy in dealing with FOI requests. The client received confidential information alleging the misuse of public money and was concerned to ensure it was able to keep the identity of those providing such information confidential.
DPA compliance
Ensuring DPA compliance when our client’s auditors raised concerns over their compliance with all the provisions of the Data Protection Act 1998.
A group of schools
Supported a group of schools in drafting a Memorandum of Understanding as part of the process of moving towards formal collaborations. The work has involved dealing with the sensitivities of individual schools who, whilst aware of each other in an informal way, have not had the relationship of trust that includes sharing sensitive data for a greater good.
A school
Advising a school on the subsequent application under the Data Protection Act for sight of an allegation that a staff member had entered into a relationship with the pupil at the school a number of years earlier. We gave full support to the school, advising on the employment law issues and on the complaint by the staff member regarding the details to be noted on their personnel file.
Related expertise
Key contacts
Dai Durbridge
Partner
You may be interested in...
Opinion
School attendance matters
Legal Update
Cyber security and data breaches
Guide
FAQs - converting to academy status
Legal Update
Protecting children and their data in the online environment
Legal Update
Top three training topics 2022-23
As well as providing day-to-day support to help you focus on managing your settings, we also provide training and professional development on a range of topics to keep you and your staff up-to-date.
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Press Release
Thousands take part in virtual careers event to help increase diversity in the legal profession
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Legal Update
Browne Jacobson’s market leading Education expertise recognised again in latest Legal 500 rankings
The new set of Legal 500 directory rankings have been published and we are proud to once again be recognised as one of the country’s leading firms advising the Education sector.
Legal Update
Data reform in the UK
Since the UK left the EU and are now able to move away from the EU data protection regime, the UK government have implemented a national data strategy with the aim of reducing the burden on organisations but maintaining a high data protection standard.
Press Release
Browne Jacobson’s C-suite exec level coaching team appoints two new education specialists
National law firm Browne Jacobson has grown its team behind its dedicated Space + Time executive coaching programme with the addition of two more qualified coaches who will work with clients in the education sector.
Published Article
Five top tips for strong data compliance in 2022
This article has five excellent top tips for strong data compliance in 2022, including; embracing near misses, leading from the top, outcomes-focused training, learning walks, consequences.
Press Release
Browne Jacobson hosts UK’s largest virtual legal careers event to boost access to careers in law
Press Release
New benchmarking service now available to guide the remuneration of school trust executive teams
The Confederation of School Trusts (CST), as the sector body for School Trusts, today releases a salary benchmarking service for executive roles in School Trusts, in conjunction with partners XpertHR, Cendex and Browne Jacobson.
Legal Update
Steps to take following a data breach: reporting, criminal charges and injunctions
Student and staff files will be full of personal data, much of which may be particularly sensitive such as health information (known under the data protection legislation as “special category” data).
Legal Update
Academy Trust Handbook 2021: the future focus as we recover from Covid-19
Legal Update
Exam appeals guidance released
The Joint Council for Qualifications (JCQ) this week published the appeals guidance for grades awarded this summer.
Legal Update
Preparing to award teacher assessed grades
Schools will now be tasked with reading a vast amount of information to get themselves ready to provide teacher-assessed grades (TAGs) for students following the recent publication of the suite of Joint Council Qualifications (JCQ).
Legal Update
Everyone’s Invited – Ofsted to review safeguarding policies
Ofsted has announced that it will begin an immediate review of school safeguarding policies. It is now time that you take steps to ensure your policies and procedures are up to date.
Legal Update
Grades without exams - FAQs
In the absence of exams, the Department for Education (DfE) and Ofqual have confirmed that the 2021 GCSE, AS and A level and vocational and technical qualification grades will be determined by centre assessment.
Legal Update
‘Everyone’s Invited’ - managing reports of child-on-child assault and harassment
The ‘Everyone’s Invited’ movement has over 9,000 testimonies on its website and, whilst it has recently taken the step to anonymise everything on the platform, a number of schools have been named.
Legal Update
Laptops and lifelines
On-Demand
Rising to the challenge: Digital transformation in schools - Part 2
Catch up for part 2 of our education training videos, exploring the role of digital transformation on our education system.
On-Demand
Rising to the challenge: Digital transformation in schools - Part 1
Catch up on our on-demand video to see the latest in our series looking at how the education sector is rising to the challenge and should look forward with optimism.
Legal Update
Delivering live remote learning to pupils – some data protection considerations
Education providers have become more innovative with their delivery of lessons to ensure all students are able to and are participating. Delivery of lessons include live teaching sessions through video conferencing platforms, but it does create a number of additional issues.
Legal Update
New year, new approach – getting compliance right
Compliance is a broad term and covers the three Ps – paper, people and practice. Be it safeguarding, GDPR or health and safety, there is a direct link between high-quality, outcomes-focused training and the impact on staff and children in your setting and to help you get it right, here are my eight tips for excellent compliance training.
Legal Update
Exams and assessments: what we know so far
The government has issued updated guidance for schools during the 2021 national lockdown. Find out more here.
Legal Update
Further data protection considerations during Covid-19
As the current situation around Covid-19 is evolving and new measures are constantly being implemented by Government, we considered that a summary of considerations for education settings would be of assistance.
Opinion
School opening FAQ – 4 January 2021
Our FAQ has been put together to assist you in decision-making on school opening.
Legal Update
‘Test and Trace’ managing data in times of Covid-19
As schools reopen for pupils and staff, a number of questions are being raised concerning steps that must be taken should an individual who has been on the school site be confirmed positive for Coronavirus.
On-Demand
Exam results 2020 – student access to centre assessed grades and rankings
In this on demand webinar, data protection in schools expert Dai Durbridge provides clarity on the issue.
Legal Update
2020 exam appeals
Exam grades will be allocated in 2020 and the importance of how teachers make their pupil assessments this year. This briefing is in relation to the current position on possible appeals against awarded grades.
Legal Update
The introduction of relationships and sex education in schools - September 2020
The Relationships Education, Relationships and Sex Education (RSE) and Health Education (England) Regulations came into force in 2019. The regulations make the teaching of these subjects compulsory in schools (specific elements being phase dependant) from September 2020.
Legal Update
Dealing with requests for information relating to subject grading
This year, schools are required to assess the grades students would have been likely to have achieved in their GCSE, AS and A level exams. As not all schools are fully open, we have set out guidance on both Freedom of Information, and Subject Access Requests in case you receive either or both types of requests over the next few months.
Published Article
Top tips for implementing ‘Data Protection by Design & Default’
The GDPR requires all businesses to implement ‘Data Protection by Design & Default’ but what does that mean in practice and how can businesses practically comply?
On-Demand
Keeping children safe during Covid-19
On 27 March the Department for Education (DfE) released new guidance to schools and academy trusts to help keep children safe, including online, during the Coronavirus pandemic.
Legal Update
Education sector accounts for 15% of data breaches
The Information Commissioner’s Office (ICO) has recently published the latest statistics on reported data breaches. Between November 2019 and January 2020 a total of 2,795 data breaches were reported, with just over 15% of the occurrences originating in the education sector.
Opinion
Is the SEND system working?
A recent report from the Local Government Ombudsman has highlighted significant concerns with the operation of the SEND system which is resulting in 87% of parental complaints against local authorities on SEND being upheld by the Ombudsman.
Legal Update
British Airways £183m data breach fine – should schools be worried?
In a word (or three) no, not really. Before we get overexcited about BA’s hefty fine, let’s put it in perspective and remember that for the moment it is the Information Commissioner’s Office intention to levy this fine – BA will now make representations about it.
Legal Update
FOI requests and the use of the section 36 exemption
As schools and academies you get plenty of Freedom of Information requests. When you answer them you are effectively publishing the information to the world.
Opinion
Challenges to SEN admissions
A recent High Court decision has confirmed the power of schools to challenge the inappropriate placement of children with EHCPs at schools.
Video
Some Video
Lorem ipsum dolor sit amet consectetur adipiscing elit primis, placerat maecenas pharetra sed mattis eget integer dignissim, convallis conubia nunc purus leo ultrices est. Ad ullamcorper potenti commodo erat inceptos condimentum odio, ut cursus iaculis quam a leo pharetra, per curabitur duis accumsan nisl ac. Hendrerit ultricies aliquam malesuada nulla vivamus lectus ridiculus litora suscipit parturient nam, odio purus facilisis ornare aptent ante justo pulvinar ultrices semper.
Tempus convallis pellentesque semper egestas posuere vulputate magnis nunc, nostra torquent vitae odio accumsan ac ornare aliquet arcu, eu habitant orci dis luctus sagittis ridiculus. Ad varius laoreet lacus nam ultrices orci purus non, hac sagittis mus consequat tempus phasellus tristique turpis, egestas condimentum velit fames placerat litora mattis. Quisque conubia non dictumst aliquet hendrerit praesent arcu dui natoque, etiam ullamcorper libero ligula per enim id nec fusce lacinia, consequat commodo rhoncus gravida tempor aenean donec ut.