Published BRIEFINGS, policy papers, correspondence
Data Protection Bill 2017 and GDPR
- Amendment 117: Briefing for the Data Protection Bill House of Lords Report Stage (Code of Practice) [download .pdf 196kB]
- Response to Working Party 29 Guidelines on Automated individual Decision-making and Profiling for purposes of Regulation 2016/679 [download DDM response.pdf 234 KB]
- Summary from defenddigitalme on Data Protection Bill Committee Stage 14 November 2017 [download .pdf 63 KB 3-page]
- Amendment 80: Briefing for the Data Protection Bill House of Lords Committee Stage (Schedule 2, Part 1, Paragraph 4) [download .pdf 183kB]
- Amendment 74A: Briefing for the Data Protection Bill House of Lords Committee Stage (Recital 71) [download .pdf 125kB]
- Reference: Amendment briefings related to Amendments for Committee stage [Revised second list of marshalled amendments, 3 Nov 2017]
- Briefing ahead of the Data Protection Bill House of Lords Second Reading [download .pdf 212 kB] v2.0
- May 2017 GDPR derogations DCMS consultation defenddigitalme response: [download .pdf 586 kB]
Alternative Provision School Census expansion JAN 2018
We are all calling on the Department for Education to respect children’s data privacy, or pause the start of a new national data collection of sensitive data in Alternative Provision from January 2018.
Download collective NGOs letter [original as sent by post and email] January 11, 2017 following appointment of new Secretary of State for Education.
Download collective NGOs letter [original as sent by post and email] December 11, 2017 and email introduction below.
- Briefing [4-pages] [download, .pdf 899 kB] January 2018
- Short briefing [2-pages] [download, .pdf 123 KB] 14 Dec 2017
- The Statutory Instrument [link]The Education (Information About Children in Alternative Provision) (England) (Amendment) Regulations 2017 (807/2017) and its Explanatory Memorandum
Letter to the Department for Education and Office of the Information Commissioner [download .pdf] (September 21, 2017) On Nov 30, 2017 in a brief email, the DfE confirmed there is no change in plans.
In 2016, there were 22,212 children recorded as being in local authority funded placements outside of state place funded schools, including children who are educated in private voluntary and independent (“PVI”) settings.
- Background for schools by the Department for Education [link]
On the use of personal data from the National Pupil Database
Full briefing [download Briefing.pdf 3.2 mB] updated November 20, 2017
List of parliamentary questions on school census expansion and uses in 2016-17
Wales student database – OCT 2017 [Statutory Instrument 807/2017 (W.214)]
- Students in Wales have had their rights to privacy impinged by this change in law. Their personal data can be shared with third parties, including the Student Loans Company, without consent.
- The Education (Student Information) (Wales) Regulations 2017 No. 886 (W. 214) [link]
- Short background and questions [1-page download .pdf 178kB]
- Letter to the Constitutional and Legislative Affairs Committee, National Assembly for Wales [download, .pdf 304 KB]
Wales workforce data and third party sharing – OCT 2017 – [Statutory Instrument 940/2017 (W. 233)]
- Teaching workforce in Wales have had their rights to privacy impinged by this change in law. Their personal data can be shared with third parties, including their National Insurance details, without consent.
- Letter to the National Assembly for Wales [download, pdf 143kB]
- National Assembly for Wales consultation and committee page [link]
School Census expansion 2016-17 – Nationality data [Statutory Instrument 808/2016]
Briefings on School census expansion incl. nationality data collection
- Numbers of pupils data handed over to Home Office since January 2016 [download .pdf 45kB] obtained quarterly via FOI
- Use of pupil data for immigration enforcement [download Briefing.pdf 713 KB] updated August 17, 2017
- Full briefing [download Briefing.pdf 2.1 mB] updated March 6, 2017
- Briefing for the Lords’ debate on October 31st. [since updated] [download .pdf 952kb see pages 8-15]
- The Statutory Instrument 808/2016 [link] that enabled the census expansion
- Position statement from NALDIC [link] “nationality should not be conflated with EAL proficiency. They are separate issues. NALDIC would like to urge the DfE to reconsider its position urgently.”
Legislation and decision process on School census expansion to incl. nationality data collection
- Sept 2016 Letter to the Lords Secondary Legislation Scrutiny Committee – SI 808/2016; school census expansion [letter .pdf 143kb]]
- October 2016 Government response to the SI 808/2016 letter [response .pdf 707kB]
- September 2016 Items 11-13 in the 8th Report [8th Committee Report of session 2016/17]
- October 2017 Government response to questions from the SLSC about the purposes of the SI 808/2016 [response .pdf 424 kB] Point 15 confirms the Star Chamber were not told about Home office use of school census data when they signed off the nationality data collection. This is significant when Ministers relied on the assurance that the Star Chamber had approved the expansion and had raised no concerns.
The Star Chamber Scrutiny Board approval process – was it made blind?
- Our letters to the Star Chamber Scrutiny Board [September 2016] [November 2016] [February 2017]
- ICO Decision Notice 18/5/2017 on refused FOI from July 4, 2016 compelling DfE to release SCSB November 2015 meeting minutes
- The FOI request as originally made and adapted at DfE FOI Dept request, for the meeting minutes of the Star Chamber Scrutiny Board (SCSB), and the departmental correspondence to third parties, resulting from the outcome of their expansion of data collection to include ‘country of birth’ decision taken in November 2015. And request for the business case made in favour of the expansion.
- On June 13, 2017, DfE appealed the decision, at the First Tier Tribunal, on information rights, in appeal EA/2017/0122 and withdrew it Oct 6, 2017.
- On Oct 13, 2017, DfE sent a letter to accompany the release [download .pdf 66.7 kB] of the disputed materials [download .pdf 288 KB]
Memorandum of Understanding (MOU) between the DfE and Home Office
- version 1.0 Memorandum of Understanding (MOU) between the DfE and Home Office, effective between 18/12/15 and 06/10/2016 [download .pdf 538 kB]
- version 2.1 Memorandum of Understanding (MOU) between the DfE and Home Office, effective between since 07/10/2016 [download .pdf 539kB]
Briefing on School Governor nationality data collection
- Governors’ data collection – an overview and questions [download .pdf 90kB]
Education data and Legislation
- February 2017 Three bills and education data: The Technical and Further Education Bill, Higher Education and Research Bill and Digital Economy Bill [download .pdf 121 kB]
On child health data linkage
- Letter to NHS England Child Health Transformation Team, January 2017 [download .pdf 98.1kB]
- NHS Newborn Blood Spot Screening Programme 2017-18 [defenddigitalme Response] .pdf 167kB
External public correspondence
February 2017: reply from Ed Humpherson at the UK Statistics Authority [download]
January 2017 Letter to the Scrutiny Committee regards use of HMRC data for mailshots to 15-17 yr olds [download]
December 2016 Letter to the UK Statistics Authority
April 2016 Letter from the Director General for Regulation, the UK Statistics Authority
Conference Paper and slides
Data for Policy conference, Cambridge, September 2016: When the chips come out: Is our public research infrastructure fit for the future? .pdf 191kb]