1. Developing, Using and Organising
Resources Within a Specialist Area
Unit 506
L5 Diploma in Education and Training
2. Legal Requirements & Responsibilities
Health &
Safety
Safeguarding
Data
Protection
Single
Equality Act
Equality Act
3. Data Protection
• The legal framework for the processing of
personal data in the UK is set by the Data
Protection Act (1998), but it was modified in
detailed ways by the Freedom of Information
Act (2000) and is also affected by legislation in
other areas, such as disability.
"Personal data" is recorded
information which relates to
identifiable living individuals
(known as "Data Subjects").
"Processing" of personal
data occurs when it is
collected, retained, used or
disclosed.
4. “Data Protection Principles”
Data must be… used fairly and lawfully
…used for limited, specifically stated purposes
…used in a way that is adequate, relevant and not excessive
...accurate
…kept for no longer than is absolutely necessary
…handled according to people’s data protection rights
…kept safe and secure
...not transferred outside the UK without adequate protection
5. There is stronger legal protection for more
sensitive information, such as:
?
ethnic
background
political
opinions
religious
beliefs
health
sexual
health
criminal
records
6. Justification?
• Processing must be justified, based on specific
grounds listed in the Data Protection Act.
• It is important to note that merely retaining
data, regardless of whether anything is being
done with it, constitutes "processing" and
therefore requires legal justification.
7. Sensitive Personal Data
• The Data Protection Act defines several categories of so-called
"Sensitive Personal Data" to which special provisions and
restrictions apply.
• The Sensitive Personal Data category "Physical or Mental
Health or Condition" is always regarded as including personal
data relating to Disability.
• Processing is legal only if one of the named justifications in
the Act itself applies.
• The requirements are particularly stringent in relation to
Sensitive Personal Data, in particular because, if the
justification for processing is consent by the Data Subject, that
consent must be explicit in relation to the particular
processing to be carried out, rather than general.
8. Final Thinking Point
• Look back at the lists you made earlier…
• Do you record or process any of this “data” in
relation to your students?
• Do you think you have any legal responsibility
in holding or disclosing this “data”?
