In the UK, GDPR replaced the Data Protection Act 1998, which was brought into law as a way to implement the 1995 EU Data Protection Directive. GDPR seeks to give people more control over how organisations use their data, and introduced hefty penalties for organisations that fail to comply with the rules. It also ensures data protection law is almost identical across the EU.
The Data Protection Act 1998 (‘DPA 1998’) applied to the way schools and trusts handled personal data. Most schools and trusts were familiar with the general requirements of the DPA 1998, for example, the circumstances when they could disclose personal data and what to do if a person submitted a subject access request.
In May 2018, the DPA 1998 was replaced by the General Data Protection Regulations which is often referred to as the ‘GDPR’. Although many of the principles remain the same as the DPA 1998, there are some important changes which affect the way we process data.
In general terms, the GDPR places more emphasis on transparency, accountability and record keeping.
The update to Data Protection legislation in many ways was long overdue as the 1998 Act pre-dates Facebook, Twitter and all social media. It is hard to remember, or believe, that in 1998 mobile phones were limited to making and receiving calls, and text messaging that was charged by each character. Email was being used, but not every organisation had email addresses and hard copy documents were the mainstay of storage and records.
iPhones, smart phones, tablets were yet to come. Access to the internet was limited and actually required a physical dial up. There was no 4G or wireless hotspots for casting communication and Google went live in 1998 - the same year as the DPA.
The Data Protection Act was fit for purpose then, but all of the changes in the last 19 years mean that a new framework was essential.
Compliance with the Data Protection Act principles in the UK is largely the responsibility of the Information Commissioner. The Information Commissioner’s Office (ICO) is the regulatory and supervisory authority. The ICO has the ability to provide advice, undertake audits, access information, impose sanctions and penalties.
Schools process a lot of personal data relating to pupils and staff in order to carry out its functions. They also acquire personal data relating to other people including, for example, parents / carers, local governors, trustees, members of the local community, suppliers, contractors and consultants.
It is therefore important that all schools ensure they handle personal data carefully and legally.
The Orchard Learning Alliance and our schools are committed to protecting the privacy and security of personal information and being transparent about the way in which we use the information we hold. It is our responsibility to make sure we, and our schools, are handling and treating information carefully and legally.
The Orchard Learning Alliance has this dedicated page on our website that covers the Trust’s approach to GDPR and how, as a group of schools, we ensure compliance and develop a culture of data security and awareness.
Our schools collect a lot of data and information about our pupils, staff parents and carers so that they can run effectively as schools. In our schools' documentation, they explain how and why they collect certain data, what they do with it and what rights parents and pupils have.
Our schools are within the Orchard Learning Alliance Multi-Academy Trust (OLA MAT).
OLA MAT is a charitable company limited by guarantee (registration number 09620043) whose registered office is Waingels Road, Woodley, Reading, Berkshire, RG5 4RF.
OLA MAT is the Data Controller for all the schools within the Trust.
The Data Protection Officer for the OLA MAT is:
Mustafa Vural
Operations Manager
dpo@orchardlearningalliance.com?subject=Data Protection
Our Data Protection Policy, Privacy Notices, and other relevant policies are availble to view or download from our Published Policies web page.