Changes to How to Request Legal Proceedings
A joint message from Gloucestershire Legal Services, Information Management and Education Inclusion regarding the changes to how to request legal proceedings.
Following the implementation of GDPR on 25th May 2018, all of us are required to process personal data securely. In order to ensure compliance Education Inclusion Service (“EIS”), together with Legal Services and Information Management have reviewed the way in which data is shared between the Schools and GCC when requests for legal proceedings are submitted.
Article 5(1)(f) of the GDPR (which is also known as the ‘integrity and confidentiality principle’ or the ‘security principle’ says that personal data shall be:
“processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures”.
As a request for legal proceedings will inevitably contain personal data, we need to ensure that it is communicated in a way which will provide the utmost protection and avoid any accidental loss, destruction or damage. In addition, the personal data not only contains sensitive personal data but as it relates to potential legal proceedings, a breach could also have Human Rights Act 1998 implications if it could affect a persons Right to a Fair Trial under Article 6.
Historically an Inclusion Officer would have visited the School and collected a physical file. This understandably carries a risk of accidental loss or destruction and, consequently, is no longer an appropriate option.
All schools have the benefit of being signed up to Egress Secure email network which satisfies the ‘appropriate technical and organisational measures’ element of Article 5(1)(f) of the GDPR.
Therefore, with immediate effect, it will be mandatory for all Schools to submit their requests for legal proceedings and accompanying documentation in an Egress protected format to the EIS team at email@example.com.
We thank you for your support in this change and if you have any questions then please contact Andrea Jordan, Locality Inclusion Lead with oversight for Attendance on 01452 328199.
A list of all the documents required to accompany any request can be found at https://www.gloucestershire.gov.uk/schoolsnet/your-pupils/attendance/