Search Legislation

Data Protection Act 2018

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Educational records

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Data Protection Act 2018. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Educational recordsU.K.

13U.K.In this Part of this Schedule “educational record” means a record to which paragraph 14, 15 or 16 applies.

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

(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.

15(1)This paragraph applies to a record of information which is processed—U.K.

(a)by an education authority in Scotland, and

(b)for the purpose of the relevant function of the authority.

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

(3)For the purposes of this paragraph, information processed by an education authority is processed for the purpose of the relevant function of the authority if the processing relates to the discharge of that function in respect of a person—

(a)who is or has been a pupil in a school provided by the authority, or

(b)who receives, or has received, further education provided by the authority.

(4)In this paragraph “the relevant function” means, in relation to each education authority, its function under section 1 of the Education (Scotland) Act 1980 and section 7(1) of the Self-Governing Schools etc. (Scotland) Act 1989.

16(1)This paragraph applies to a record of information which—U.K.

(a)is processed by or on behalf of the Board of Governors, proprietor or trustees of, or a teacher at, a school in Northern Ireland 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 grant-aided school;

(b)an independent school.

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

(a)a teacher at the school;

(b)an employee of the Education Authority, other than a teacher at the school;

(c)an employee of the Council for Catholic Maintained Schools, other than a teacher at the school;

(d)the pupil to whom the record relates;

(e)a parent, as defined by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).

(5)In this paragraph, “grant-aided school”, “independent school”, “proprietor” and “trustees” have the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources