Data Protection Act 2018

Educational records

14 (1) This paragraph applies to a record of information which—

(a) is processed by or on behalf of the proprietor of, or a teacher at, a school in England and Wales specified in sub-paragraph (3),

(b) relates to an individual who is or has been a pupil at the school, and

(c) originated from, or was supplied by or on behalf of, any of the persons specified in sub-paragraph (4).

(2) But this paragraph does not apply to information which is processed by a teacher solely for the teacher’s own use.

(3) The schools referred to in sub-paragraph (1)(a) are—

(a) a school maintained by a local authority;

(b) an Academy school;

(c) an alternative provision Academy;

(d) an independent school that is not an Academy school or an alternative provision Academy;

(e) a non-maintained special school.

(4) The persons referred to in sub-paragraph (1)(c) are—

(a) an employee of the local authority which maintains the school;

(b) in the case of—

(i) a voluntary aided, foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998),

(ii) an Academy school,

(iii) an alternative provision Academy,

(iv) an independent school that is not an Academy school or an alternative provision Academy, or

(v) a non-maintained special school,

a teacher or other employee at the school (including an educational psychologist engaged by the proprietor under a contract for services);

(c) the pupil to whom the record relates;

(d) a parent, as defined by section 576(1) of the Education Act 1996, of that pupil.

(5) In this paragraph—

• “independent school” has the meaning given by section 463 of the Education Act 1996;

• “local authority” has the same meaning as in that Act (see sections 579(1) and 581 of that Act);

• “non-maintained special school” has the meaning given by section 337A of that Act;

• “proprietor” has the meaning given by section 579(1) of that Act.