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Guidance: How DfE shares personal data

Department For Education

April 4
16:08 2024

Data we collect

The Department for Education (DfE) and its executive agencies have legal powers to collect data about individuals in the childrens services, education, apprenticeships, and wider skills training sectors, in England.

This data forms a significant part of our evidence base.

We use it:

Our personal information charter details the standards we follow when we collect personal data.

Why we share data

DfE and its executive agencies are responsible for ensuring the provision of education and childrens services is effective and efficient. The following set of principles help us to approve or reject any project proposals which involve sharing personal level data with external organisations.

DfE shares personal data:

  • where there is a clear benefit to the education or childrens services sector
  • to inform debate
  • which is able to benefit a sizeable section of the target sector and is not solely for commercial gain
  • to encourage the research community to work collaboratively with the department and build the evidence base together - where the research is likely to have a significant impact, DfE will ensure third parties use appropriate methodologies and make good use of peer review
  • where the project is aligned to DfEs research areas of interest
  • for secondary research, where:
    • it is commissioned, funded, sponsored or supported by DfE or the wider education and childrens services sector
    • it drives behaviour which is consistent with DfE policy
    • the output does not clash with or duplicate DfE official statistics, publications or other services offered by DfE

Who we share data with

You can search and find DfE external data shares of all ongoing personal level data sharing delivered through data sharing agreements, including an update on police, Home Office and Family Court Order use of limited parts of our data when they have clear evidence of criminal activity.

How we share data

DfE and its executive agencies will ensure that any projects that are permitted to work with our data are fully compliant with data protection legislation and are subject to the 5 safes framework. Together, we ensure that safe people access our safe data for safe projects in safe settings to produce safe outputs.

DfE will only share data with a third party where we have a lawful basis for the data share. That lawful basis will be based on the specifics of each data request and on the personal data they are seeking to use. For example, DfE may use article 6(1)(e) public task as the lawful basis where the task or function has a clear basis in law.

The following are some examples of legal powers we have used to share personal data which support the use of public task.

The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 allows us to share pupils personal data with certain third parties, including:

  • schools
  • local authorities
  • researchers
  • organisations connected with promoting the education or wellbeing of children in England
  • organisations fighting or identifying crime
  • other specified crown and public bodies

The Childcare (Provision of Information About Young Children) (England) Regulations 2009 permit the sharing of individual child information from early years providers with persons who are conducting research into the educational achievements of children.

The Education (Information About Children in Alternative Provision) (England) Regulations 2007 permit the sharing of data about children in alternative provision with persons who are conducting research into the educational achievements of children.

The Apprenticeships, Skills, Children and Learning Act 2009 permits the sharing of learner data to enable or facilitate the exercise of any function of the DfE relating to education or training.

The Education and Skills Act 2008 covers the sharing of learner data in connection with the exercise of an assessment function defined as:

  • evaluating the effectiveness of training or education
  • assessing policy in relation to the provision of training or education
  • assessing policy in relation to social security or employment as it affects the provision of or participation training or education

The Education (Student Information) (England) Regulations 2015 permits the sharing of a subset of data for learners in further education data with persons who, for the purpose of promoting the education or well-being of students in England, are conducting research or analysis, producing statistics, or providing information, advice or guidance.

The Children Act 1989 covers the sharing of childrens services data to assist other persons in conducting research into any matter connected with a number of specified functions of the department or local authorities.

The Education (Supply of Information about the School Workforce) (No.2) (England) Regulations 2007, section 8, made under section 114 of the Education Act 2005, permits the sharing of data with persons conducting research relating to qualifying workers or qualifying trainees which may be expected to be of public benefit.

The Higher Education and Research Act 2017 permits the sharing of Universities and Colleges Admissions Service (UCAS) data to approved persons doing:

  • research into the choices available to individuals who are either:
    • applying for admission to higher education courses provided by English higher education providers
    • considering whether to accept an offer for admission on such a course from such a provider
  • research into equality of opportunity
  • research areas approved by the Secretary of State

Chapter 5 of Part 5 of the Digital Economy Act 2017 facilitates the linking and sharing of de-identified data by public authorities for accredited research purposes in the public good. It is designed to support the UK research community, bot

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