Community learning and skills privacy notice
This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you. We are required to give you this information under data protection law.
Who we are
Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws. Our Data Protection Officer is Benjamin Watts.
Community Learning and Skills (CLS) provides learning opportunities for adults, young people and families across Kent in order to meet their aspirations for improved work skills, better personal development, strong families and healthy creative lives. We engage with local communities throughout Kent to provide educational services which match the needs of local communities based on levels of prosperity, employment and priorities. CLS works in an integrated way with other teams in KCC and with partner organisations to ensure that our services provide learning appropriate to the needs of individuals and families at various stages in their lives.
Personal information we collect and use
Information collected by us
In the course of recruitment, engagement, planning and delivering learning, we collect the following personal information when you provide it to us:
- personal information (such as name, unique pupil number, contact details, language, nationality, country of birth and bursary eligibility)
- special category characteristics (such as ethnicity, relevant medical information, special educational needs information)
- attendance information (such as sessions attended, number of absences and absence reasons)
- curriculum assessment results
- destination and progression information
- financial information to enable the processing of course payments
- ask you for a self declaration of state benefit claims for fully funded provision.
Whilst the majority of learner information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with GDPR, we will inform you whether you are required to provide certain learner information to us or if you have a choice in this.
We also obtain personal information from other sources as follows:
- information about young people aged 16-19 requiring learning opportunities to prevent being Not in Education, Employment or Training (NEET)
- personal information, characteristics, assessment results and EHCP information from national personal learning records, schools or colleges that you previously attended
- referrals from partnership organisations, Children’s Centres and Department of Work and Pensions
How we use your personal information
We use your personal information to:
- work with other teams and organisations to ensure appropriate learning, employment and career opportunities are accessible to you
- support learners’ learning
- monitor and report on learners’ progress
- provide appropriate pastoral care
- comply with the law regarding data sharing
- support you to decide what to do after you leave the programme of learning
- provide Information, Advice and Guidance and to promote further learning opportunities
- register learners for accredited qualifications and non-accredited courses
- enable the Education and Skills Funding Agency (ESFA), an executive agency of the Department for Education (DfE) to issue you with a Unique Learner Number (ULN) and to create your Personal Learning Record, as part of the functions of the DfE
- process your enrolment and notify you of your enrolment status
- evaluate and quality assure the services we provide
- inform you of special offers, promotions, website changes, and new services that may be of interest, if you have consented for us to do so
How long your personal data will be kept
We will hold your personal information securely and retain it for up to 14 years in line with central government audit requirements, after which the information is archived or deleted.
Reasons we can collect and use your personal information
We have a legal obligation to collect and use learner information under section 537A of the Education Act 1996, section 83 of the Children Act 1989, and and to carry out tasks in the public interest. If we need to collect special category (sensitive) personal information, we rely on reasons of substantial public interest (equality of opportunity or treatment).
KCC have to collect information about pupils aged 16-19 as we have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.
Who we share your personal information with
We are required to share information about our learners with KCC and the ESFA under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013. We also share with:
- teams within KCC working to improve outcomes for children and young people
- commissioned providers of local authority services (such as education services, call centre and payment services)
- schools, colleges and other providers of education and training
- the Education and Skills Funding Agency (ESFA)
- awarding bodies for accredited courses
- third party sub-contractors and partner organisations who deliver courses on behalf of CLS (such as First Intuition, Hi Kent, Kent Fire and Rescue service)
- partner organisations signed up to the Kent and Medway Information Sharing Agreement, where necessary, which may include health visitors, midwives, district councils, housing providers, police, school nurses, doctors and mental health workers
If a learners sponsor or employer is paying for their course then we will include their name details on the invoice sent to the employer for payment
We will share personal information with law enforcement or other authorities if required by applicable law.
Our learners aged 16-19
KCC has a legal responsibility to track all young people up to the age of 19 (and young adults with learning difficulties or disabilities up to the age of 25). The purpose of collecting this information is to assist the planning of education and training for young people and the support services they require. KCC will inform us of your current activity once you have left the school. This is in relation to education, training, employment with training you may be undertaking and whether you are NEET (Not in Education, Employment or Training). Some of this information is then shared with the DfE who use the information to plan at a national level.
This enables KCC to provide and arrange:
- post-16 education and training provision
- youth support services
- learning and career information, advice and guidance
The National Pupil Database (NPD)
The NPD is owned and managed by the Department for Education (DfE) and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the DfE. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.
We are required by law, to provide information about our learners to the DfE as part of statutory data collections such as monthly National Client Caseload Information System (NCCIS) submissions about young people’s post-16 activities. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Pupils) (England) Regulations 2013.
The DfE may share information about our learners from the NPD with third parties who promote the education or well-being of children in England by:
- conducting research or analysis
- producing statistics
- providing information, advice or guidance
The DfE has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and 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 this information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.
Under GDPR you have rights which you can exercise free of charge which allow you to:
- know what we are doing with your information and why we are doing it
- ask to see what information we hold about you (subject access request)
- ask us to correct any mistakes in the information we hold about you
- object to direct marketing
- make a complaint to the Information Commissioners Office
- withdraw consent at any time (if applicable)
Depending on our reason for using your information you may also be entitled to:
- ask us to delete information we hold about you
- have your information transferred electronically to yourself or to another organisation
- object to decisions being made that significantly affect you
- object to how we are using your information
- stop us using your information in certain ways
We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.
For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under GDPR.
If you would like to exercise a right, please contact the Information Resilience and Transparency Team at email@example.com.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Please contact the Information Resilience and Transparency Team at firstname.lastname@example.org to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.
You can contact our Data Protection Officer, Benjamin Watts, at email@example.com, or write to: Data Protection Officer, Sessions House, Maidstone, Kent ME14 1XQ.
GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted on 03031 231113.
Read our corporate privacy statement.
For more information about how your information is processed, and to access your Personal Learning Record, please refer to the LRS privacy notice.
For more information about how the ESFA use your information, please read the ESFA privacy notice.
To find out more about how your information is used by the ESFA to fund learning, go to:
- The Adult Education Budget: funding rules 2018 to 2019
- The Adult Education Budget: rates and formula 2018 to 2019
- Advanced Learner Loans: funding rules 2018 to 2019
- 16 to 19 funding: funding for 2018 to 2019
Find out more about the learner information we share with the DfE, for the purpose of data collections.
Learn more about the National Pupil Database.
Find out more about the DfE’s data sharing process.
Find out more about which organisations the department has provided pupil information to.
To contact DfE, visit their website.