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Education Services privacy notice

How your personal Information is used by Education Services

Here at Midlothian Council, we take your privacy seriously. Under the Data Protection Act 2018, you have a right to know how we collect, use and share your personal data. The information below provides a general description of the kinds of personal data we collect in Education Services as we work to secure the safety and welfare of every child and ensure that their education is directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential, and how we might use and share it.

You can find more detailed information about how and why we use your data in individual Privacy Notices, which we issue when we collect your data. The information we collect will depend on the work we need to do, or the service you get from us. A list of individual service privacy notices can be found below (as they become available).

Service-specific privacy notices

Our Privacy Promise

We promise to collect, process, store and share your data safely and securely.

What lets us collect your information?

The legal basis for processing the personal information is “Public task” this covers public functions and powers that are set out in law.

The powers of law applicable are:        

  • Education (Scotland) Act 1980
  • Standards in Scotland’s Schools etc. Act 2000
  • Education (Scotland) Act 2016
  • Equality Act 2010
  • Children (Scotland) Act 1995

What kinds of personal data do we collect?

The personal data we collect might include your name, date of birth, address, National Insurance number, or other information that identifies you.  If necessary, we might also collect what is called ‘special category’ data – that is, sensitive information such as medical/health information.

How do we collect your personal data?

We collect your personal data in many different ways. You might give us your personal data yourself, by entering your information in a form on the Council website or by contacting a Council officer in person, in writing or over the phone. We might also receive your personal data from other agencies or local authorities. If we share information regularly with another organisation, the conditions for sharing your personal data are set out in an Information Sharing Agreement.

How do we use your personal data?

Your personal data may be used so that Education Services can deliver its main functions. These functions include:

  • Early years support
  • Early learning and nursery
  • School placement and resource
  • Educational provision
  • Health and Wellbeing provision
  • Additional needs support
  • Child welfare
  • Adult learning

Specific information about how we use your personal data is covered in service-specific Privacy Notices.

Why do we share your personal data?

We might share your personal data in order to effectively deliver our services.  This might be because another agency has been contracted to provide a service, or because responsibility for particular services is shared across multiple agencies or authorities, such as child protection, and children’s health services.

Specific information about how and why your personal data is shared is covered in service-specific Privacy Notices.

With whom do we share your personal data?

If necessary, we might share your personal data with other agencies and authorities, depending on the service being provided. We will only share your personal data if it is necessary to do so, and the appropriate conditions have been met.

In general, the external bodies with whom we share information might include:

  • Other Local Authorities
  • Central government or government agencies
  • Regulators
  • NHS
  • Police
  • Charities and advice organisations / third sector partner organisations
  • Contractors
  • Elected officials Local or National
  • Software suppliers

Personal data also might be shared between Midlothian Council services, including Children’s Services and Health and Social Care.

Specific information about other bodies with whom we share your personal data is covered in service-specific Privacy Notices.

How long do we keep your personal data?

Your personal data is kept in line with Midlothian Council’s Retention Schedule. The retention schedule sets out the kinds of information the Council creates and uses, how long it should be kept, and what should be done with it at the end of its ‘life’.

Further information

You can find out more about how we use your information to detect and prevent fraud or crime, information collected through our website, recorded telephone calls, CCTV, the rights you have under the Data Protection Act, and how to contact us by referring to the overarching Midlothian Privacy Notice.