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UK GDPR compliance for visiting staff
You need to make sure all visiting staff who can access personal data held by your school comply with the UK GDPR. Use the following guidance to help you determine their employment status and satisfy yourself that they’re compliant.
Speak to the visiting staff member to determine their status
You need to make sure they understand their obligations under the UK GDPR. This is because visiting staff such as counsellors, educational psychologists or peripatetic teachers may have access to personal data through the work they do in your school.
You're the data controller, so you make the decision on how data is processed by the visiting staff member. This is true even if you determine that they're self-employed and have their own UK GDPR processes in place.
Speak to the staff member concerned to confirm what their employment status is. Use the following questions to help you do this:
Are they classed as self-employed?
As part of your due diligence process, you should ask the visiting staff member to provide you with evidence that they are compliant with the UK GDPR, for example, by giving you their own privacy notice.
As the data controller, you'll then need to decide if this is acceptable or if you want to issue your own for the staff member to agree to and work under.
Are they a temporary member of staff (is there some form of contract in place between them and your school)?
If the staff member is contracted to your school then they should fall under your school’s remit. You should make sure they process personal data according to your rules.
Are they unsure of their status?
If the staff member is unsure of their employment status with the school, they may fall under your school’s remit. To be on the safe side, you should make sure they process personal data according to your rules.
This was explained to us by the Information Commissioner's Office (ICO).
Document your compliance
Once you’re satisfied with the due diligence you’ve completed for the staff member, show your compliance by documenting it.
Your file for a self-employed individual could include a record saying, for example, that:
- They’ve provided you with their privacy notice
- You’re confident that they understand their obligations under the UK GDPR
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