Home Education: Data Protection

The Children’s Wellbeing and Schools Bill contains provisions requiring local authorities to maintain registers of children who are not in school. These registers are intended to aid local authorities in identifying children who are missing education and support them.

The department is aware of the importance of protecting personal data. Existing laws, including the Data Protection Act and UK-GDPR, will apply to all data that is processed as part of the duty to maintain registers. These laws put in place robust restrictions on data collection, storage and sharing as well as respecting the rights of the individuals to access, rectification and erasure. However, there are circumstances where data sharing is essential, particularly when it concerns a child’s safety or wellbeing. The Bill provides a restricted list of individuals and agencies with whom data may be shared, solely for the purposes of safeguarding a child’s education or welfare. Any breach of these protections by a local authority could be subject to penalties or regulatory action by the Information Commissioner.

We will outline in statutory guidance how local authorities must balance the need to share data for safeguarding and educational support purposes with individuals’ right to privacy.