Privacy Notice – Covid-19 Testing at home of students
Ownership of the Personal Data
To enable Covid-19 testing to be completed by Buckinghamshire Adult Learning, we need to collect and use personal data – information that is about and identifies you. This also includes the sharing of personal data where this is allowed under data protection legislation. Buckinghamshire Adult Learning is the ‘Controller’ for the data required for the management of test kits and for implementing local arrangements in the event of a positive test and undertaking any actions needed by school/college as part of the school/college’s health (including public health), welfare and safeguarding role and obligations.
A privacy notice must by law explain to you the ‘lawful basis’ for the use of your personal information.
[Personal data relating to tests for pupils is processed under article 6 (1) (e) of the UK GDPR (public task). This is based on the [Buckinghamshire Adult Learning] proprietor’s official authority for the conduct of the institution. Section 19(2) – (4) and 33F(2)-(6) of the Further and Higher Education Act 1992 for Further Education Corporations and Sixth Form College Corporations] is/are also relevant.
We will process special category personal data under the provisions of article 9.2(i) of the UK GDPR, and Part 1 of Schedule 1(3) of DPA 2018 where it is in the public interest on Public Health Grounds to ensure we can minimise the spread of COVID in a timely manner and enable us to continue to deliver education services as safely and securely as possible. This data is processed under the obligations set out in Public Health legislation (Regulations 3(1) and (4) of the Health Service (Control of Patient Information) Regulations 2002 (COPI)) which allows the sharing of data for COVID related purposes and where it is carried out by a health care professional OR someone who owes an equivalent duty of confidentiality to that data.
Personal Data shared with DHSC
When you do your own Covid-19 testing at home, you must report the results online to the Department of Health and Social Care (‘DHSC’) and with Buckinghamshire Adult Learning. More details on online reporting can be found here – Report a COVID-19 test result – GOV.UK (www.gov.uk).
DHSC is the data controller for the information that you provide to them about you and your test results. For more information about what the DHSC do with your data please see their COVID-19 Privacy Notice
The School/College remains the Data Controller for the data we retain about you for the management of tests and implementing local arrangements in the event of a positive test.
You should read both this Privacy Notice and the DHSC COVID-19 Privacy Notice to understand how your personal data is used prior to taking a test.
Personal Data involved
The following personal data is processed by the school in relation to your test:
- Unique code assigned to each individual test and which will become the primary reference number for the tests.
- Test result
Test Kit Log
The Medicines and Healthcare products Regulatory Agency (MHRA) require that the School/College keep a test kit log for all tests that are provided for use at home. This is so you can be contacted in the event of a batch recall, investigations, or issuing of a safety notice. The information collected is:
- First name, last name, telephone number and email address
- Details of lot/batch number for the test kits you receive
- First name, last name of the operator distributing the Home Test Kits
For this Test Kit Log the School/College is acting as a ‘processor’ of DHSC and this information will be sent to DHSC. For more information about what DHSC do with your data please see their COVID-19 Privacy Notice
How we store your personal information
Buckinghamshire Adult Learning will keep the test kit log and may also record Personal Data about you in its internal COVID-19 results register (the School/College’s COVID-19 results register will not be shared with DHSC). This information will be stored securely and with appropriate access controls. It will only be accessible to personnel involved in the management of tests and implementing local arrangements in the event of a positive test.
Buckinghamshire Adult Learning will retain its test kit log for no longer than five days after the test kit is provided. COVID-19 results register will be retained for a minimum of 14 days up to a month after the last entries are made by the school into them.
DHSC will retain information for up to eight (8) years. For more information about what the DHSC do with your data please see their COVID-19 Privacy Notice
How your personal data is used
To contact you in relation to the Test Kit Log as explained above.
Also, the DHSC use information that is provided to them when test kits are registered and when test results are reported. This helps them to understand:
- Geographic and sector distribution of test kits
- Understand registration of test kits provided vs kits received
- How we might further encourage registration
- If there are any groups, we are currently not reaching out to (distribution of self-test kits)
- Ensuring equitable uptake (across under-represented groups) of test kits.
Processing of Personal Data Relating to Positive test results
We will use this information to enact our own COVID isolation and control processes without telling anyone who it is that has received the positive test.
For more information about what the DHSC do with your data please see their COVID-19 Privacy Notice
Processing of Personal Data Relating to Negative and Void test results
We will record a negative and void result for the purpose of stock controls of tests and general performance of the testing process.
Data Sharing Partners
The personal data associated with test results will be shared with
- DHSC, NHS, PHE – to ensure that they can undertake the necessary Test and Trace activities and to conduct research and compile statistical information about Coronavirus.
- Your GP – the NHS may share the information you provide with your GP to maintain your medical records and to offer support and guidance as necessary. Any data you provide to the school will not be shared with your GP.
- Local Government to undertake local public health duties and to record and analyse local spreads.
Personal Data in the school/college’s test kit log will be shared with DHSC to identify which test kit has been given to which individual in the event of a product recall. The school will not share its internal COVID-19 results register with DHSC.
Under data protection law, you have rights including:
Your right of access – You have the right to ask us for copies of your personal information.
Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
Please contact us firstname.lastname@example.org you wish to make a request if you wish to make a request.
How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at email@example.com
You can also complain to the ICO if you are unhappy with how we have used your data.
The ICO’s address:
Information Commissioner’s Office
Helpline number: 0303 123 1113