Privacy notice: Ethnic Minority, Traveller and Refugee Achievement Service (EMTRAS)

1. Introduction

This notice provides additional privacy information regarding EMTRAS.

We will keep our privacy notice under regular review and will advise you of any updates on our website.

This notice was last reviewed in November 2021.

2. Who we are

EMTRAS works with Schools and Academies to provide intervention to build English language skills in children who have English as an additional language.

EMTRAS provides support to children in schools by offering individual or small group teaching outside of class; support in the classroom and after school clubs.

For the purposes of Data Protection legislation, South Tyneside Council is the Data Controller.

3. What type of personal information do we collect?

We may collect the following types of personal information:

Name
Address
Telephone number
Email address
Date of Birth
Gender
Ethnicity
Religion
Country of Origin
Nationality
SEN information
Siblings
Home Language
DfE proficiency in English scale
School attainment data
Linked outside agencies

4. How do we collect personal information?

We may collect your personal information in a number of ways, for example:

In person
In writing - for example letter or email
Telephone calls
Online forms
Referrals from another department
Family members acting on your behalf
Referrals from schools and academies
Translation Services

Enquiries received from the following organisations:

Police forces
NHS

5. Why do we collect your personal information?

We collect and process personal data on a lawful basis (Children and Families Act 2014 and the Equality Act 2010, S444(1) OF THE EDUCATION ACT 1996 Criminal Procedure Rules r.16.2, Criminal Justice Act 1967).

We collect and hold personal information relating to children, young people, parents, carers, and other family members. We also receive information from schools, academies, other local authorities, health and social care providers and the Department for Education (DFE). This is to provide children and young people support with the acquisition of English language.

We receive enquiries from various organisations listed in section 4 above who will provide personal details of the individuals they are making enquiries about.

6. Who might we share your personal information with?

To enable EMTRAS to provide effective educational support we may share personal information with the following:

Internal Council departments
Other local authorities (education, social care and other relevant services)
Employees of schools including non-maintained special schools, colleges and sixth form schools and academies
All early years providers in the maintained, private, voluntary and independent sectors
National Health Service including GPs, School Nurse Service and Consultants
Other third-party organisations as allowed by law
Agencies with whom we have a duty to cooperate such as the home office
Language translation services, where it is necessary to translate information into or from a foreign language

We will not share your personal information with any other third parties unless you have specifically asked us to, or if we have a legal obligation to do so.

If you require more information about how the DfE stores and uses this data please visit https://www.gov.uk/guidance/data-protection-how-we-collect-and-share-research-data

We have a legal obligation to collect or use personal information to comply with the Council's legal duties.

You can decide you do not wish your personal information to be collected or shared or may want to set conditions on our use of it. If you do this, we may not be able to provide the service required or may only be able to provide it in a limited or different way.

We do not pass personal information to third parties for marketing, sales or any other commercial purposes.

We will not share your personal information with any other third parties unless you have specifically asked us to, or if we have a legal obligation to do so.

7. How long will we keep your personal information?

We will hold your personal information relating to Freedom of Information Requests, Environmental Information Requests, Subject Access Requests and Enquiries until the child has completed statutory school age. At the end of this period, it will be deleted unless there is any special reason for keeping it.

Personal data will not be retained for longer than necessary in relation to the purposes for which they are collected.

8. What is our legal basis for using your personal information?

To use your personal information there must be a lawful basis to do this, such as, through a contract, performing a public task or where there is a legal obligation.

Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:

(a) Your consent. You are able to remove your consent at any time. You can do this by contacting EMTRAS

(d) We have a vital interest.

(e) We need it to perform a public task.

(f) We have a legitimate interest.

Your personal information is held on the Council's secure network and within our EMTRAS service electronic folder for the purpose of assessing, monitoring and processing referrals.

Your personal information is protected using up to date technical and organisational security measures.

9. How do we keep your personal information secure?

Information provided to EMTRAS is held securely on our network. Only officers working within EMTRAS and system administrators have access to these records.

10. Is your personal information used overseas?

11.What are your rights?

Your individual rights are set out in law. Subject to some legal exemptions, you have the following rights:

Right to be informed
Right of access
Right to rectification
Right to erasure
Right to restrict processing
Right to data portability
Right to object
Rights in relating to automated decision making and profiling

12. Contact us

If you would like to exercise your rights in relation to your personal information, or you feel that something has gone wrong with your personal information, you can contact us in either of the following ways:

By email: emtras@southtyneside.gov.uk

By telephone: 0191 424 8140

In writing:

South Tyneside Council
EMTRAS
Town Hall and Civic Offices
South Shields
NE33 2RL

If you feel that the Council has not handled your information correctly you can contact the Information Commissioner's Office (ICO). The ICO is the Government's Independent Body responsible for overseeing data protection. In most cases the ICO will only review cases that have exhausted the Council's internal procedures.

The ICO's contact details are as follows: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF. More information can be found on the ICO's website at www.ico.org.uk.