Hampshire Achieves

Why do we collect and use this information?

Hampshire County Council is the organisation responsible for processing your information (the Data Controller). Our ‘Hampshire Achieves’ service collects and uses information from learners in order to enrol on courses, apprenticeships, traineeships and internships provided by Hampshire Achieves.

We collect information about young people and adults who enrol on these courses. We hold this personal data securely and use it to:

• support young people and adults in Hampshire to successfully take part in education, training and employment;
• develop a strategic overview of the provision available in Hampshire and to identify and resolve gaps in provision;
• provide a range of Adult Learning with targeted learning opportunities in communities to support employability skills and the achievement of Level 2 qualifications;
• provide family learning to support parents who need help with their children’s education;
• provide a programme of Adult Learning activities to support digital literacy, mental health and resilience and support for the recently unemployed;
• provide Adult Learning programmes that support the needs of local businesses and help them to access a skilled workforce;
• complete statutory returns back to central government, such as the Department for Education (DfE) and the Education and Skills Funding Agency (ESFA);
• allocate the Education and Skills Funding Agency (ESFA) funding;
• plan, deliver, ensure the quality and report on the range of courses and learning opportunities across a range of funding streams;
• respond to any queries you may have about the services being delivered;
• contact you after you have completed your programme of learning, to establish whether you have entered employment or gone into further training or education in line with our statutory duties;

The categories of information that we collect, hold and share

The following personal and special category information is processed:

• the leaner’s personal information (name, address, email address, date of birth);
• information about the learner’s characteristics (such as gender, ethnicity, disability or learning difficulty); and
• the learner’s choice of course and whether a concessionary fee is paid.

The lawful basis on which we use this information

We collect and use the information ensuring that we comply with the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA2018) requirements for processing through:

• Article 6(1)(e) – the processing is necessary to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
• Article 9(2) (g) – Necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguarding measures; and
• Sch.1, Pt.2, 6 – Substantial public interest conditions, for processing under the DPA2018

These articles under the UK GDPR and the DPA2018 are supported by the following specific legislation which establish our statutory duty to provide suitable Educational provision:

• Sections 15ZA and 15ZC of the Education Act 1996;
• Section 10 of the Children Act 2004;
• Equality Act 2010, Chapter 6;
• Sections 10,12 and 68 Education and Skills Act 2008;
• Section 1, Localism Act 2011

Where processing your data does is not form part of our statutory duties, you will be asked to provide your consent to be contacted by third parties about courses, learning opportunities, or research surveys.

Storing and securing data

The personal information you provide to us will be shared with Tribal EBS as part of a contract to deliver a Management Information System. Tribal EBS act as a data processor on the County Council’s behalf. Tribal EBS process information held within your Individual Learner Record and are required to comply with our instructions and may only process personal data outside of the UK in accordance with the UK GDPR. For more information on how they will handle your personal data please see their privacy policy - Privacy Notice | Tribal Group.

The information you supply is used by the Learning Records Service (LRS). The LRS issues Unique Learner Numbers (ULN) and creates Personal Learning records across England, Wales and Northern Ireland, and is operated by the ESFA, an executive agency of the DfE. For more information about how your information is processed, and to access your Personal Learning Record, please refer to: https://www.gov.uk/government/publications/lrs-privacy-notices

The County Council takes its data security responsibilities seriously and has policies and procedures in place to ensure the personal data held is:

• prevented from being accidentally or deliberately compromised;
• accessed, altered, disclosed or deleted only by those authorised to do so;
• accurate and complete in relation to why we are processing it;
• continually accessible and usable with daily backups; and
• protected by levels of security ‘appropriate’ to the risks presented by our processing.

The County Council also ensures its IT Department is certified to the internationally recognised standard for information security management, ISO27001.

Who do we share information with?

We do not share information with anyone unless there is a lawful basis that allows us to do so.

Sections 14-17 of Education and Skills Act 2008 provide data sharing powers to encourage local authorities to promote effective participation. As part of this activity, we share information with educational establishments and service providers, who are offering support with the County Council, to young people with the purpose that it will encourage, enable or assist them to participate in education or training.

Individualised Learner Records (ILR) will be generated within the Tribal EBS Management Information System by Hampshire Achieves and they will be submitted to the ESFA via the dedicated Government secure portal. Statistical and management information will be produced from the data held within EBS and used to monitor the performance against contract targets, to maintain the quality of the provision, to inform the self-assessment and Quality Improvement Plan processes and to provide evidence during inspections by OFSTED.  More information about the ILR and the data collected.

Information held within our Tribal EBS will be accessed by Century Tech, acting as a data processor on our behalf, for the purposes of supporting you with your studies. Century Tech uses Artificial Intelligence (AI) technology to help identify tailored learning based off an assessment you complete. More information on how Century Tech processes your personal data can be found on their website - CENTURY Tech Privacy Policy.

Requesting access to your personal data and your rights

Under data protection legislation, individuals have the right to request access to information about them that we hold. To make a request for your personal information, or someone you have responsibility for, please contact the Children’s Services Department’s Subject Access Request (SAR) Team.

You also have the right to:

• prevent processing for the purpose of direct marketing;
• object to decisions being taken by solely automated means;
• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
• claim compensation for damages caused by a breach of the Data Protection regulations

Please note that under the UK GDPR, there is also a right to erasure but the right to erasure does not provide an absolute ‘right to be forgotten’. Where the data being processed is for the purpose of ‘performing a task in the public interest or for our official functions, and the task or function has a clear basis in law’ (Article 6(1)(e))’, this right does not automatically apply.

Contact details

If you would like more information about these services please visit our website.

Further information

The above information is the specific privacy notice for this service. For more information about your rights in relation to your personal data, see the County Council’s general privacy notice.

You have some legal rights in respect of the personal information we collect from you. See our Data Protection page for further details.

You can contact the County Council’s Data Protection Officer by email [email protected].

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office.