Privacy Notice

CONTENTS OF THIS NOTICE:

WHO WE ARE
RESPONSIBILITY FOR DATA PROTECTION
WHY THE COLLEGE NEEDS TO PROCESS PERSONAL DATA
TYPES OF PERSONAL DATA PROCESSED BY THE COLLEGE
HOW THE COLLEGE COLLECTS DATA
WHO HAS ACCESS TO PERSONAL DATA AND WHO THE COLLEGE SHARES IT WITH
HOW LONG WE KEEP PERSONAL DATA
KEEPING IN TOUCH AND SUPPORTING THE COLLEGE
YOUR RIGHTS
DATA ACCURACY AND SECURITY
THIS POLICY
QUERIES AND COMPLAINTS
CURRENT DATA PROTECTION LAW

WHO WE ARE
St Clare’s, Oxford (Company registration number: 1986868. Charity registration number: 294085) is
the data controller for the purposes of data protection law. This means it decides how your personal
data is processed and for what purposes.

This privacy notice also covers the College’s trading subsidiary St Clare’s Services Ltd (“SCS”) whose
registered office is at 139 Banbury Road, Oxford OX2 7AL (Company registration number: 6580963).

The College and SCS are referred to collectively as “the College” in this notice.

The College’s ICO Registration Number is Z7514294.

RESPONSIBILITY FOR DATA PROTECTION
The College has appointed the Bursar as Privacy and Compliance Officer who will deal with all your
requests and enquiries concerning its uses of your personal data and endeavour to ensure that all
personal data is processed in compliance with this policy and Data Protection Law.

Contact details are:

St Clare’s, Oxford
139 Banbury Road
Oxford OX2 7AL
Email: justin.moore@stclares.ac.uk
Phone: 01865 552031

WHAT THIS PRIVACY NOTICE IS FOR
This policy is intended to provide information about how the College will use (or “process”) personal
data about individuals including: its employees; its current, past and prospective students; and their
parents, carers or guardians (referred to in this policy as “parents”).

This information is provided because Data Protection Law gives individuals rights to understand how
their data is used. Employees, parents and students are all encouraged to read this Privacy Notice
and understand the College’s obligations to its entire community.

This Privacy Notice applies alongside any other information the College may provide about a
particular use of personal data, for example when collecting data via an online or paper form.

This Privacy Notice also applies in addition to the College’s other relevant terms and conditions and
policies, including:

• any contract between the College and its employees or the parents of students;
• the College’s policy on taking, storing and using images of students;
• the College’s CCTV policy;
• the College’s retention of records policy;
• the College’s safeguarding, pastoral, or health and safety policies, including as to how
concerns or incidents are recorded; and
• the College’s ePolicy.

Anyone who works for, or acts on behalf of, the College (including employees, volunteers, governors
and service providers) should also be aware of and comply with the College’s data protection policy
for employees, which also provides further information about how personal data about those
individuals will be used.

WHY THE COLLEGE NEEDS TO PROCESS PERSONAL DATA
In order to carry out its ordinary duties to employees, students and parents, the College needs to
process a wide range of personal data about individuals (including current, past and prospective
employees, students or parents) as part of its daily operation.

Some of this activity the College will need to carry out in order to fulfil its legal rights, duties or
obligations – including those under a contract with its employees or parents of its students or agents.

Other uses of personal data will be made in accordance with the College’s legitimate interests, or the
legitimate interests of another, provided that these are not outweighed by the impact on individuals,
and provided it does not involve special or sensitive types of data.

The College expects that the following uses will fall within that category of its “legitimate interests”:

• For the purposes of student selection (and to confirm the identity of prospective students
and their parents);
• For the purposes of considering applications for scholarships and bursaries;
• To provide education services, including musical education, physical training, career services,
and extra-curricular activities to students, and monitoring students’ progress and educational
needs;
• Maintaining relationships with alumni and the College community, including direct marketing
or fundraising activity;
• For the purposes of donor due diligence, and to confirm the identity of prospective donors
and their background and relevant interests;
• For the purposes of management planning and forecasting, research and statistical analysis,
including that imposed or provided for by law (such as tax, diversity or gender pay gap
analysis);
• To enable relevant authorities to monitor the College’s performance and to intervene or
assist with incidents as appropriate;
• To give and receive information and references about past, current and prospective students,
including relating to outstanding fees or payment history, to/from any educational institution
that the student attended or where it is proposed they attend; and to provide references to
potential employers of past students;
• To enable students to take part in national or other assessments, and to publish the results
of public examinations or other achievements of students of the College;
• To provide former students with confirmation of their exam results at any time in the future;
• To safeguard students’ welfare and provide appropriate pastoral care;
• To monitor (as appropriate) use of the College’s IT and communications systems in
accordance with the College’s ePolicy;
• To make use of photographic images of students in College publications, on the College
website and on the College’s social media channels in accordance with the College’s policy on
taking, storing and using images of students;
• For security purposes, including CCTV in accordance with the College’s CCTV policy;
• To carry out or cooperate with any College or external complaints, disciplinary or
investigation process; and
• Where otherwise reasonably necessary for the College’s purposes, including to obtain
appropriate professional advice and insurance for the College.

In addition, the College will on occasion need to process special category personal data (concerning
health, ethnicity, religion, biometrics or sexual life) or criminal records information (such as when
carrying out DBS checks) in accordance with rights or duties imposed on it by law, including as
regards safeguarding and employment, or from time to time by explicit consent where required.
These reasons will include:

• To safeguard students’ welfare and provide appropriate pastoral and, where necessary,
medical care, and to take appropriate action in the event of an emergency, incident or
accident, including by disclosing details of an individual’s medical condition or other relevant
information where it is in the individual’s interests to do so: for example for medical advice,
for social protection, safeguarding, and cooperation with police or social services, for
insurance purposes or to caterers or organisers of College trips who need to be made aware
of dietary or medical needs;
• To provide educational services in the context of any special educational needs of a student;
• In connection with employment of its employees, for example DBS checks, welfare, union
membership or pension plans;
• In connection with the engagement of homestay providers, for example DBS checks;
• As part of any College or external complaints, disciplinary or investigation process that
involves such data, for example if there are SEN, health or safeguarding elements; or
• For legal and regulatory purposes (for example child protection, diversity monitoring and
health and safety) and to comply with its legal obligations and duties of care.

TYPES OF PERSONAL DATA PROCESSED BY THE COLLEGE
This will include by way of example:
• names, addresses, telephone numbers, e-mail addresses and other contact details;
• car details (about those who use our car parking facilities);
• bank details and other financial information, for example about parents who pay fees to the
College;
• past, present and prospective students’ academic, disciplinary, admissions and attendance
records (including information about any special needs), and examination scripts and marks;
• personnel files, including in connection with employment or safeguarding;
• where appropriate, information about individuals’ health and welfare, and contact details for
their next of kin;
• references given or received by the College about students, and relevant information
provided by previous educational establishments and/or other professionals or organisations
working with students;
• correspondence with and concerning employees, students and parents past and present; and
• images of students (and occasionally other individuals) engaging in College activities, and
images captured by the College’s CCTV system (in accordance with the College’s policy on
taking, storing and using images of students);

HOW THE COLLEGE COLLECTS DATA
Generally, the College receives personal data from the individual directly (including, in the case of
students, from their parents). This may be on a form or simply in the ordinary course of interaction
or communication (such as email or written assessments).

However in some cases personal data will be supplied by third parties (for example another
school/college or other professionals or authorities working with that individual); or collected from
publicly available resources such as public websites and social media.

WHO HAS ACCESS TO PERSONAL DATA AND WHO THE COLLEGE SHARES IT WITH
Occasionally, the College will need to share personal information relating to its community with third
parties, such as:
• professional advisers, for example, lawyers, insurers, PR advisers and accountants;
• government authorities’ for example, HM Revenue & Customs, the Department for
Education, police or the local authority; and
• appropriate regulatory bodies, for example the National College for Teaching and
Leadership, the Independent Schools Inspectorate, the British Council, the Pensions
Regulator, the Charity Commission or the Information Commissioner.

For the most part, students’ personal data collected by the College will remain within the College,
and will be processed by appropriate individuals only in accordance with access protocols (i.e. on a
‘need to know’ basis). Particularly strict rules of access apply in the context of:

• medical records held and accessed only by the College Nurses and/or Counsellor, and shared
with senior staff with a welfare role, together with (where applicable and appropriate) the
student’s House Warden and Personal Tutor, others with student welfare responsibility, and
the student’s medical practitioners; and
• pastoral or safeguarding files.

However, a certain amount of relevant information about students with special educational needs,
allergies and particular medical conditions (including diabetes and epilepsy) will need to be provided
to employees more widely in the context of providing the necessary care and education that those
students require.

Employees, students and parents are reminded that the College is under duties imposed by law and
statutory guidance (including Keeping Children Safe in Education) to record or report incidents and
concerns that arise or are reported to it, in some cases regardless of whether they are proven, if they
meet a certain threshold of seriousness in their nature or regularity. This is likely to include file notes
on personnel or safeguarding files, and in some cases referrals to relevant authorities such as the
Local Authority Designated Officer (“LADO”) or police. For further information about this, please view
the College’s Safeguarding Policy.

The College uses software to monitor its network for unlawful or inappropriate use as set out in its
ePolicy.

Finally, in accordance with Data Protection Law, some of the College’s processing activity is carried
out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. This
is always subject to contractual assurances that personal data will be kept securely and only in
accordance with the College’s specific directions.

HOW LONG WE KEEP PERSONAL DATA
The College will retain personal data securely and only in line with how long it is necessary to keep it
for legitimate and lawful reasons. Typically, the legal recommendation for how long to keep ordinary
employees’ and students’ personnel files is up to 7 years following departure from the College.
However, records such as those demonstrating compliance with safer recruiting procedures, incident
reports and medical and safeguarding files will need to be kept much longer in accordance with
specific legal and insurance requirements.

As a matter of principle, data protection will not take precedence over the safeguarding of children,
and the prevention and processing of safeguarding claims. This means that the College will retain
any records that it considers necessary to meet that principle.

If you have any specific queries about how our retention policy is applied, or wish to request that
personal data that you no longer believe to be relevant is considered for erasure, please contact the
College’s Privacy and Compliance Officer. However, please bear in mind that the College will often
have lawful and necessary reasons to hold on to some personal data even following such request.

A limited and reasonable amount of information will be kept for archiving purposes, for example; and
even where you have requested that we no longer keep in touch with you, we will need to keep a
record of that fact in order to fulfil your wishes (this is called a “suppression record”).

KEEPING IN TOUCH AND SUPPORTING THE COLLEGE
The College will use the contact details of parents, alumni and other members of the College
community to keep them updated about the activities of the College, or alumni and parent events of
interest, including by sending updates and newsletters, by email and by post. Unless the relevant
individual objects, the College will also:

• Share personal data about parents and/or alumni, as appropriate, with organisations set up
to help establish and maintain relationships with the College community;
• Contact parents and/or alumni by post and email in order to promote and raise funds for the
College;
• Should you wish to limit or object to any such use, or would like further information about
them, please contact the Privacy and Compliance Officer in writing. You always have the right
to withdraw consent, where given, or otherwise object to direct marketing or fundraising.
However, the College is nonetheless likely to retain some of your details (not least to ensure
that no more communications are sent to that particular address, email or telephone
number).

YOUR RIGHTS
Rights of access, etc.
Individuals have various rights under Data Protection Law to access and understand personal data
about them held by the College, and in some cases ask for it to be erased or amended or have it
transferred to others, or for the College to stop processing it – but subject to certain exemptions and
limitations.

Any individual wishing to access or amend their personal data, or wishing it to be transferred to
another person or organisation, or who has some other objection to how their personal data is used,
should put their request in writing to the Privacy and Compliance Officer.

The College will endeavour to respond to any such written requests as soon as is reasonably
practicable and in any event within statutory time-limits (which is one month in the case of requests
for access to information).

The College will be better able to respond quickly to smaller, targeted requests for information. If the
request for information is manifestly excessive or similar to previous requests, the College may ask
you to reconsider, or require a proportionate fee (but only where Data Protection Law allows it).

Requests that cannot be fulfilled
You should be aware that the right of access is limited to your own personal data, and certain data is
exempt from the right of access. This will include information which identifies other individuals (and
parents need to be aware this may include their own children, in certain limited situations – please
see further below), or information which is subject to legal privilege (for example legal advice given
to or sought by the College, or documents prepared in connection with a legal action).

The College is also not required to disclose any student examination scripts (or other information
consisting solely of student test answers), provide examination or other test marks ahead of any
ordinary publication, nor share any confidential reference given by the College itself for the purposes
of the education, training or employment of any individual.

You may have heard of the “right to be forgotten”. However, we will sometimes have compelling
reasons to refuse specific requests to amend, delete or stop processing your (or your child’s)
personal data: for example, a legal requirement, or where it falls within a legitimate interest
identified in this Privacy Notice. All such requests will be considered on their own merits.

Student requests
Students can make subject access requests for their own personal data, provided that, in the
reasonable opinion of the College, they have sufficient maturity to understand the request they are
making (see section Whose Rights? below). A student of any age may ask a parent or other
representative to make a subject access request on his/her behalf.

Indeed, while a person with parental responsibility will generally be entitled to make a subject access
request on behalf of younger students, the law still considers the information in question to be the
child’s: for older students, the parent making the request may need to evidence their child’s
authority for the specific request.

Students at the IB World College, the International College and all those aged 13 and older are
generally assumed to have this level of maturity, although this will depend on both the child and the
personal data requested, including any relevant circumstances at home. Slightly younger children
may however be sufficiently mature to have a say in this decision, depending on the child and the
circumstances.

Parental requests, etc.
It should be clearly understood that the rules on subject access are not the sole basis on which
information requests are handled. Parents may not have a statutory right to information but they
and others will often have a legitimate interest or expectation in receiving certain information about
students without their consent. The College may consider there are lawful grounds for sharing with
or without reference to that student.

Parents will in general receive educational and pastoral updates about their children, in accordance
with the terms and conditions that apply to the course that their child is attending. Where parents
are separated, the College will in most cases aim to provide the same information to each person
with parental responsibility, but may need to factor in all the circumstances including the express
wishes of the child.

All information requests from, on behalf of, or concerning students – whether made under subject
access or simply as an incidental request – will therefore be considered on a case by case basis.

Consent
Where the College is relying on consent as a means to process personal data, any person may
withdraw this consent at any time (subject to similar age considerations as above). Examples where
we do rely on consent are certain types of uses of images and certain types of fundraising activity.
Please be aware however that the College may not be relying on consent but have another lawful
reason to process the personal data in question even without your consent.

That reason will usually have been asserted under this Privacy Notice, or may otherwise exist under
some form of contract or agreement with the individual (for example, an employment or parent
contract, or because a purchase of goods, services or membership of an organisation such as an
alumni or parents’ association has been requested).

Whose rights?
The rights under Data Protection Law belong to the individual to whom the data relates. However,
the College will often rely on parental authority or notice for the necessary ways it processes
personal data relating to students – for example, under the parent contract or through a form.
Parents and students should be aware that this is not necessarily the same as the College relying on
strict consent (see section on Consent above).

Where consent is required, it may in some cases be necessary or appropriate – given the nature of
the processing in question, and the student’s age and understanding – to seek the student’s consent.
Parents should be aware that in such situations they may not be consulted, depending on the
interests of the student, the parents’ rights at law or under their contract, and all the circumstances.

In general, the College will assume that students’ consent is not required for ordinary disclosure of
their personal data to their parents, e.g. for the purposes of keeping parents informed about the
student’s activities, progress and behaviour, and in the interests of the student’s welfare. That is
unless, in the College’s opinion, there is a good reason to do otherwise.

However, where a student seeks to raise concerns confidentially with an employee and expressly
withholds their agreement to their personal data being disclosed to their parents, the College may be
under an obligation to maintain confidentiality unless, in the College’s opinion, there is a good reason
to do otherwise; for example where the College believes disclosure will be in the best interests of the
student or other students, or if required by law.

Students are required to respect the personal data and privacy of others, and to comply with the
College’s IT Policy for Students and the College rules. Employees are under professional duties to do
the same, as covered by the relevant College policies.

DATA ACCURACY AND SECURITY
The College will endeavour to ensure that all personal data held in relation to an individual is as up to
date and accurate as possible. Individuals must please notify the Privacy and Compliance Officer of
any significant changes to important information, such as contact details, held about them.

An individual has the right to request that any out-of-date, irrelevant or inaccurate or information
about them is erased or corrected (subject to certain exemptions and limitations under Data
Protection Law): please see above for details of why the College may need to process your data, of
who you may contact if you disagree.

The College will take appropriate technical and organisational steps to ensure the security of
personal data about individuals, including policies around use of technology and devices, and access
to College systems. All employees and governors will be made aware of this policy and their duties
under Data Protection Law and receive relevant training.

THIS POLICY
The College will update this Privacy Notice from time to time. Any substantial changes that affect
your rights will be provided to you directly as far as is reasonably practicable.

QUERIES AND COMPLAINTS
Any comments or queries on this policy should be directed to the Privacy and Compliance Officer.
If an individual believes that the College has not complied with this policy or acted otherwise than in
accordance with Data Protection Law, they should use the College complaints / grievance procedures
and should also notify the Privacy and Compliance Officer. You can also make a referral to or lodge a
complaint with the Information Commissioner’s Office (ICO), although the ICO recommends that
steps are taken to resolve the matter with the College before involving the regulator.

CURRENT DATA PROTECTION LAW
This Privacy Notice has been written to comply with the General Data Protection Regulation (EU
2016/679) and the UK Data Protection Act 2018.

May 2018