Guidance to Local Authorities

“Fair processing” under the Data Protection Act

Schools, Local Authorities (LAs), the Department for Children, Schools and Families (DCSF)) , the Qualifications and Curriculum Authority (QCA), Ofsted, the Learning and Skills Council (LSC), Department of Health (DH), Primary Care Trusts (PCTs) and organisations that require access to data in the Learner Registration Scheme as part of the Managing Information Across Partners (MIAP) programme are all “data controllers” under the Data Protection Act 1998 in that they determine the purpose(s) for which “personal data” (ie data about living individuals from which they can be identified) is processed and the way in which that processing is done.

This guidance deals specifically with personal data about pupils, although personal data may also be held on other groups such as teaching and non-teaching staff, and similar considerations with regard to “fair processing” will apply to them.