Remote learning and data protection

23rd January 2021

Since schools have had to move to remote learning, it is important to think about what data protection issues this may raise. The following article aims to answer some of the questions you may have.

We are teaching live online lessons, is there anything that we need to be aware of?

If you are teaching live online lessons, please make sure that everyone in the class is aware that there may be other people in the household (in the same room) and able to hear the lesson. You should try to avoid discussions that may involve a pupil revealing any personal information about themselves or others.

Can we record the live online lessons?

In order to do this, you would need to obtain the relevant consent. If your pupils are under 12 years old, then you will need parental consent. If the pupil is over 12 years old, and able to understand what they are consenting to, you can obtain consent directly from the pupils.

If possible, you should try to obtain consent in writing but verbal consent that you document at the time of requesting, or immediately after class, will be ok.

We are open for key worker and/or vulnerable children, are we able to record these pupils and post on our secure sharing site for pupils at home to see?

You must obtain consent before this can be done. If your pupils are under 12 years old, then you will need parental consent. If the pupil is over 12 years old, and able to understand what they are consenting to, you can obtain consent directly from the pupils.

Are we able to share children’s work on the secure sharing site?

You can share children’s work on the secure sharing site. If the work contains personal information, you will need to anonymise the work before you share it, unless you have consent. If the pupil is under 12 years old, you will need to obtain parental consent. If the pupil is over 12 years old, and able to understand what they are consenting to, you can obtain consent directly from the pupils.

If a child uploads the work themselves then there is no need to obtain prior consent for this as long as you have notified them that, by sharing, others will be able to see their work.

Can we use group discussion forums or Microsoft Teams to collaborate on schoolwork?

Yes. You should remind pupils that other pupils and staff members will be able to see their posts and that they should avoid posting any personal information.

What should I do if a pupil posts personal information on the discussion forum/Microsoft Teams site?

You should consider the nature of the post and the personal information disclosed and decide whether it would pose a risk to the individual. If so, you should remove the post or ask the pupil to remove it

If the pupil does not remove the post and you are unable to remove it then you should contact your IT team.

Do we need a policy for remote learning?

Most schools will have put together a policy or some information for parents regarding remote learning. If you are planning on recording the children or sharing personal information during class then you will need to including this information in your policy and obtain separate consent.

If you require any assistance with preparing your remote learning policy and/or consent form, you can contact info@thedpadviceservice.co.uk.