Privacy Notice

Department of Education, Sport and Culture as Data controller

The Department of Education, Sport and Culture is a data controller for the purposes of the Data Protection Act 2002/General Data Protection Regulation (Isle of Man) Order 2018. The contact details for the Department of Education, Sport and Culture are:

Thie Slieau Whallian
Foxdale Road
St John's
Isle of Man
IM4 3AS

The Department of Education, Sport and Culture is also the data controller for the following organisations:

Arts Council

Manx Sport and Recreation

Villa Marina Gaiety

The Department has produced a child friendly privacy notice which describes the responsibilities placed on it as data controller, in language this is suitable to be read and understood by children. Details can be found on our 'Child Friendly Privacy Notice' document.

This document will also be made available on each schools' website.

List of Schools

Information we may collect

In addition to the information set out in the Isle of Man Privacy Notice for each institution, the Department may also collect the following information about you or your child(ren) under the Registration of Pupils Regulations 2016:

Services / forms	Types of data
Admission register (Registration of Pupils Regulations 2016)	(a) an index in alphabetical order of all the pupils at the school; and (b) the following particulars in respect of every such pupil: (i) full legal name and where known, any former name or names; (ii) gender (iii) date of birth (iv) unique pupil number (v) ethnic group and by whom that information was provided (vi) first language (vii) date of admission to the school (viii) year group (ix) the address and postcode of the pupil’s usual residence and any other properties at which the pupil is also known to reside on occasion (x) the name and address of every person known to the school to be a parent of the pupil and at least one emergency contact telephone number (xi) the name and address of any other schools the pupil is known to have attended, if any, and in the case of guest registration, any other schools at which the pupil is registered (xii) full-time or part-time (xiii) day pupil or boarder(xiv) date of leaving the school (xv) usual mode of transport to and from school (xvi) for any pupil who is known to the head teacher to be or to have been looked after by an appropriate organisation, the name of that organisation (xvii) (where applicable) that the pupil has been found eligible for free school meals
Attendance register (Registration of Pupils Regulations 2016)	The particulars of attendance must be recorded each morning and afternoon session and must include: (a) in the case of every pupil recorded in and not deleted from the register, whether the pupil is present, absent or attending an approved educational activity (b) in the case of a pupil of compulsory school age who is absent, whether or not that absence is authorised (c) in the case of a pupil of compulsory school age who is attending an approved educational activity, the nature of that activity
Educational record (Registration of Pupils Regulations 2016)	The particulars of educational record in respect of every pupil registered at the school may include: (a) any information which is processed by or on behalf of a head teacher of or a teacher at the school, other than information which is processed by a teacher solely for the teacher’s own use as part of their personal register of pupils they teach (b) any personal education plan (c) any educational psychologist’s reports and accompanying documentation.
Curricular record (Registration of Pupils Regulations 2016)	The particulars of curricular record may include details of the pupil’s: (a) academic achievements (b) skills and abilities (c) educational progress
Special educational needs and special needs provision (Registration of Pupils Regulations 2016)	Particulars of special educational needs and special needs provision may contain: (a) the type of special needs the pupil has (b) the primary and secondary ranking of the special needs, where there is more than one (c) what special educational needs provision type is being made for the pupil: (d) whether the pupil is taught wholly or partly — (i) in a special educational needs unit in a school which is not a special school: (ii) at a place reserved in a school which is not a special school where that school receives additional funding from the Department in order to cater for the pupil’s special educational needs
Exclusions / suspensions (Registration of Pupils Regulations 2016)	The particulars of exclusion (whether permanent or not) and may contain: (a) the reason for the exclusion (b) the start date of every period of exclusion (c) the end date of every period of exclusion (d) (where applicable) the reasons of the governing body of the school for the reinstatement of the pupil (e) (where applicable) details of an appeal panel’s direction that (i) the pupil is to be reinstated (ii) for exceptional circumstances it is not practical to give a direction that the pupil is to be reinstated, but that save for those circumstances such a direction for reinstatement would have been given
Learning levels (Registration of Pupils Regulations 2016)	The particulars of learning levels may contain: (a) the date on which the pupil started a learning aim: (b) the date by which the school and the pupil plan or planned that the pupil will complete or was to have completed a learning aim (c) the date on which the pupil completed a learning aim (d) information as to the pupil’s progress or status in respect of every learning aim (e) information identifying the syllabus, the subject and the awarding body for the qualification

Information may also be requested in response to the following, which are not covered by the Registration of Pupils Regulations 2016. The legal basis for these may include consent, contract, legal obligation, to protect the vital interests of the data subject or of another natural person or performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller:

Service / forms	Types of data
Out of catchment requests	Name, contact details, pupil name, personal details relating to application
Free school meal requests	Name, contact details, basic benefit details, NI number, pupil name, school and DOB.
Transport support requests	Name, contact details, medical and / or special needs information, reasons why support is needed
Student award applications	Name, contact details, examination results, course details, contributor details including financial information. Medical details may be required for Disabled Student Allowance.
Education otherwise	Names of parents / guardians and young persons, contact details, education provision
Attendance information from schools (when less than 80% attendance)	Names of young persons and parents / guardians, attendance information.
Ella Oleson Scholarship applications	Name, contact details, biography
Microgaming bursary scheme	Name, contact details, financial information relating to maintenance award from student awards, biographical information supplied by applicants.
Subject access requests	The Department co-ordinates these with schools and undertakes redaction where required to support schools
Work Experience	Young people sign up on the Employed.im website putting in their contact details. There is an agreement between the Department and PDMS for the delivery of Work Experience to pupils in each of the Secondary Schools.
Employee information (generally undertaken by the Office of Human Resources on behalf of the Department)	Names, contact information, recruitment records notes, appraisal / Personal Development Review documentation, employee records, grievances, termination of employment, staff health and safety,
Training services	Names, contact information, information necessary to support an application for training or an apprenticeship. Financial details of employers.
Office 365	First Name Last Name Display Name Login Name (which includes their cohort [year of entry into school in numerical form for example: 07joeblogs
CCTV	Images of visitors to sites, pupils and school staff
Pre-School Credit Application Form	Name of parent/guardian, DOB, NI number, contact details, residency commencement date if applicable, telephone number, email address, name of child / children and DOBs
Destination data	% of young people going to different destinations, such as employment, UCM, University – statistical information only is shared.

Freedom of Information

Service / forms	Types of data
Requests for Information, submitted in accordance with Freedom of Information Act 2015.	The following information is collected for the purpose of meeting a request you have made for information. Title First name Surname Address Email address Phone number Mobile number

The Data Protection Officer for the Department of Education, Sport and Culture is:

DPO-DESC
Department of Education, Sport and Culture
Thie Slieau Whallian
Foxdale Road
St John's
Isle of Man
IM4 3AS

Telephone: +44 1624 698386
Email: DPO-DESC@gov.im

How we will use the information we collect about you

The Department of Education, Sport and Culture will use your information to:

Undertake School Self-Review and Evaluation (SSRE)
Process out of catchment area requests
Process and pass information on to the Treasury to determine eligibility for Free School Meals
Process and pass on information to transport services of Bus Vannin relating to requests for transport support
Process applications for student awards
With consent, send contact details to prospective employers and organisations
Record details of educational provision for those educating otherwise than at provided and maintained schools on the Isle of Man
Use attendance information to fulfill the Department’s obligations under the Education Act 2001. This may be shared with agencies such as counselling services, Social Care, the Police and Health, Youth Justice, if there is a significant issue
Schools make referrals (consisting of name, DOB, Parent names and their DOB, address and outlines of concerns) with the Department of Health and Social Care, normally with parental consent, unless there is a risk of significant harm to the child
When children are on welfare plans (Early Help and Support (Consent), Child with Complex Needs (consent – section 23 of the Children and Young Persons Act 2001) and Child Protection (Legal basis – section 46 of the Children and Young Persons Act 2001) or Looked after Children (Legal basis – section 25 of the Children and Young Persons Act 2001 or court order)) schools will bring updated information on a regular basis regarding, for example, their aptitude, behavior, attainment, attendance, and any other information deemed important to understand the current needs of the child
SEN and EAL Registers is where your child has special educational needs (SEN), or speaks English as an additional language (EAL), the school will seek your permission to include your child's details on the school SEN or EAL register. Schools need to share their SEN register with the Inclusion and Safeguarding Division of the Department in order to arrange and resource appropriate educational provision and services to meet your child's needs. The SEN register information shared with the Department includes your child's name, date of birth, gender, Year group/class, level of need, primary and secondary difficulty, area of need, and any relevant teacher comments. The EAL register information shared with the Department includes child's name, date of birth, gender, Year group/class, first language, other language spoken, year of entry to Isle of Man school, EAL level and position in family.
Provide access to funding of apprenticeships and to training via Training Services, a section in the Department
Synchronising all RAN users to allow students to download a copy of Office for use on their own devices
To monitor the security of a school site, minimising vandalism and theft, and deterring anti-social behaviour
To validate details in regard to pre-school credit applications
Help prevent and detect crime

The Department of Education, Sport and Culture has a statutory obligation to check and verify the data you provide to us:

For Subject Access Requests to verify that we provide information to the correct person
For financial information in relation to student awards.
To ensure that data is up to date and accurate

This may include checks of publicly available information but in some cases, where it is necessary and relevant to your application, theinformation you provide may be disclosed or shared with other organisations.

This will only be done where there is a legal obligation for us to do so. We will do this to allow us to:

Obtain information from schools about class numbers
Verify eligibility for Free School Meals and inform schools that this is the case
Verify eligibility for and organise appropriate transport for students requiring these services
Enable Student Awards to determine the level and type of financial support available
Allow support to be provided for those families who need it from a number of agencies including the Department of Health and Social Security
Verify the information and documentation you have provided is correct
Help prevent and detect crime including fraud, money laundering, identity theft or other criminal offences

How we will share the information we collect about you

Third parties the Department or schools (see individual school / UCM / Villa Marina Gaiety / MSR and Ardwhallin websites for more information) may share information with include:

Department of Health and Social Services
Department of Infrastructure – Bus Vannin
Treasury – Social Security Division and Income Tax Division
Department for Enterprise
Manx Sport and Recreation – for swimming lessons and other physical education activities
Isle of Man Constabulary – for bicycle training
Employers and organisations - relating to employment opportunities

Examination bodies (Including Cambridge International Examinations, WJEC, Council for the Curriculum, Examinations and Assessment (CCEA), Scottish Qualifications Authority (SQA), BTEC). This information is to facilitate participation in external examinations and includes:

Name
DOB
Predicted grades

SIMS (Secondary School Information Management System) – CAPITA

Arbor (Primary School Information Management System) – Data Protection Policy

ParentPay - In order to better improve services to students and parents as well as improve the management and efficient working of Education Establishments, one strand of the digital strategy aims to enable students to pay for services with a smart card that parents can top up online. In order to achieve this, we have formed a partnership with ParentPay.

ItsLearning - ItsLearning is entering into use across the Isle of Man educational establishments and is the means through which teachers and students will share lessons, homework and ideas, from anywhere. To generate a login for ItsLearning, we need to share information with the platform provider. See the privacy policy for Itslearning for more details.

Google docs and mail - Two of our main collaboration and communication tools are Google Docs and Google Mail. These are a means through which the school shares information with students, and vice-versa, from anywhere. To create a Google account it is necessary to share your son/daughter’s name and year group with Google. Review Google's privacy policy.

Quasmedia: provides web-hosting for most schools.

Online learning resources: Increasingly, schools subscribe to learning resources which are accessible through a computer or mobile device. Current examples include:

GCSEPod: includes many resources designed to help students to understand what they need to know for their exams

MyMaths: a rich resource bank of maths questions which students can work on from home.

Online text books (eg Oxford University Press)

Schools would like to be able to offer access to those online learning resources which are judged to be most beneficial to students. Please consult with your school to determine which apps and services are currently being used by them.

List of entities, consider UK Government bodies: Home Office, Isle of Man Government Departments, Boards and Office etc Specifically

law enforcement agencies
fraud prevention agencies

Information obtained or disclosed by third parties will not be used for any other purpose other than supporting your child particularly regarding educational provision within schools.

Failure to provide consent where required may limit the use of applications within schools. In the case of ParentPay alternative means will be needed to pay for services such as school dinners.

Please note, a young person can give consent from the age of 13 (depending on their capacity). If consent is being sought from them then it will be evidenced in an appropriate form.

Protecting your information

The Department of Education, Sport and Culture will:

Keep your information safe and secure in compliance with its information security policy
Only use and disclose your information as detailed above, where necessary
Retain the information for no longer than is necessary and your information will be permanently deleted once the timeframes set out below and in the Department’s retention schedule have been reached (there will need to be an authorisation process, to dispose of this in line with our Records Management Policy and retention periods as outlined below and in the Department’s retention schedule (unless there is an over-riding reason to retain this information)

Your rights

You have a right to access your personal data to ensure that it is accurate, and to request that it is rectified, blocked, erased or destroyed if it is inaccurate.

Please be advised that there are records selected for permanent preservation under the Public Records Act 1999, namely the school admission register. It is therefore necessary to contact the Public Records Office before permanent deletion of specified records to ensure that these have not been selected for permanent preservation.

To make any request relating to your data held by us, please contact the Data Protection Officer for the Department of Education, Sport and Culture at:

DPO-DESC
Department of Education, Sport and Culture
Thie Slieau Whallian
Foxdale Road
St John's
Isle of Man
IM4 3AS

Telephone: +44 1624 698386
Email: DPO-DESC@gov.im

If you are not satisfied with the response you receive, you may also complain to the Information Commissioner, whose details can be found on their website, or the relevant supervisory authority. You may have a right to other remedies.

Transfer of Information outside the EEA

There are occasions when data is transferred outside of the EEA but these are in exceptional circumstances. Permission will be sought from parents / guardians / students to transfer the information to a known recipient. If possible this will be password protected, with a password being sent by an alternative means.

Names, contact information and information provided by a recipient of the Ella Oleson scholarship will be sent to the University of Idaho in the United States in order to access this programme.

For those students who study at Universities outside of the EEA it may be necessary to send financial information and contact information to the establishment.

More Information

You can find out more information including:

Looking at the Isle of Man Government Privacy Policy
Asking to see your information or making a complaint if you feel that your information is not being handled correctly
Making a subject access request which is a request for all of the personal data we hold about you

Contacting our Data Protection Officer by:

Email: DPO-DESC@gov.im

Telephone: +44 1624 698386

Department of Education, Sport and Culture
Thie Slieau Whallian
Foxdale Road
St John's
Isle of Man
IM4 3AS

If you are not satisfied with the response you receive, you may also complain to the Information Commissioner or the relevant supervisory authority. You may have a right to other remedies.

Department of Education, Sport and Culture Retention Periods

Administrative procedures, such as deletion of records, will occur in the summer months, particularly August, of the relevant year indicated below.

Document Type	Retention Periods
Admission Register	Permanent preservation
Pupil record ( – comprises of Attendance register, Educational record, curricular record, SEN information, exclusions / suspensions, learning levels)	DOB + 25 years
Out of catchment requests	1 year after administrative use is concluded
Free school meals requests	1 year after administrative use is concluded
Transport support requests	1 year after administrative use is concluded
Student award applications	6 years after administrative use is concluded
Education otherwise	1 year after administrative use is concluded
Attendance information from schools (when less than 80% attendance)	DOB + 25 years
Ella Oleson Scholarship applications	1 year after administrative use is concluded
Microgaming bursary scheme	1 year after administrative use is concluded
Subject access requests	1 year after copy produced
Work Experience	Individual account – personal choice
Training Services	6 years after completion of courses of study.

For more specific details about retention periods see the Department’s retention schedule.

Privacy Notice in relation to Freedom of Information

Isle of Man Freedom of Information Act 2015 (“FOIA”)

The Freedom of Information Act 2015 (FOIA) gives Isle of Man residents a legally enforceable right to obtain access to information held by a Public Authority. This is subject to certain exemptions and practical refusal reasons.

You can find out more information on the FOIA including how to make a request to us here: Isle of Man Government - Freedom of Information and you can also use this link to view previous requests and their responses.

We are the controller for the personal data you provide to us when making a FOI request to the Department of Education, Sport and Culture.

Legal basis for processing your information

We need your personal information (such as your name and contact details) to process and respond to you about your Freedom of Information request. In some cases, we may ask for proof of identification, and proof of residency, so that we can comply with the FOIA.

We must have a legal basis (a lawful reason) to process your personal data, which is submitted by you when you make a Freedom of Information request. The legal basis for processing your information when you make a request is that it is necessary for us to comply with the law (FOIA), or that it is necessary for us to perform a public task in the public interest. This is set out in Articles 6(1)(c) and (e) of the Schedule to the Data Protection (Application of GDPR) Order 2018 – this legislation is sometimes called 'the Applied GDPR').

Sharing information

FOI requests have to be submitted on a form prescribed by the Chief Executive Officer (Isle of Man Government) in order to be valid and accepted under the FOIA. You can either submit a request using the form online or a paper version, which is available by contacting our Data Protection Officer (see below for contact details).

When we process FOI requests made using the Online Services Portal on the Isle of Man Government website, a system called iCasework is used to process your request. The iCasework system is provided by a company called Civica UK Limited. This system stores information such as:

Your name
Your address
Your telephone and email address
Your company name, if you are requesting information on behalf of an organisation
Your request – we do not recommend putting any personal information into your request, if you are not sure what to include in your request, please contact us on descicaseworkfoi@gov.im for assistance
If requested proof of residency from you

Civica UK Limited act as a Processor on behalf of all the Public Authorities.

Access to your information is limited to authorised staff members within our Department. The Department of Home Affairs (DHA), through the Office of Cyber Security & Information Assurance (OCSIA), has been contracted by the Public Authorities to manage system access on their behalf. The DHA through OCSIA will only access personal data held on the iCasework system when explicit written instructions are provided by a Public Authority.

If you are unhappy with the response to your Freedom of Information request

If you have been unhappy with a response we have provided you may complain about your request to the Information Commissioner’s Office. In this case we will need to share information such as emails we have sent or received from you with the Information Commissioner’s Office, so that they can investigate the complaint.

Storing your information

Your personal information will be held in iCasework for 12 months after we have closed your request. After this time, the request will remain on the iCasework system, but all your personal information you provided at the time of the request will be deleted.

Your rights

The Applied GDPR (data protection legislation) provides you as a data subject with some rights to be informed of the processing of your personal data, including the right to access that data and information about the purposes for processing.

This includes a right to correct (rectify) any information a public authority holds, or to restrict it in certain circumstances.

As the public authority is processing your data in order to comply with its legal obligations, certain of the data protection rights do not apply, including the right to have your data deleted (erasure), transferred to another provider, the right to object to the processing, and be informed about automated decision making. When using the iCasework site or dealing with FOI requests, a Public Authority does not make automated decisions or profile your data.