Personal data is any information about a living individual that can be used to identify them, for example, their name, address, date of birth, email address or qualifications. The people who control your personal data will be the Special Educational Needs Tribunal for Wales (the Tribunal) and the Welsh Government (WG).
Why are you processing my personal information?
When we refer to processing we mean any activity carried out on your personal data, such as collecting, storing, adapting or destroying. Taking notes during a tribunal hearing or publishing a decision of the Tribunal are examples of processing. We process your personal data because it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller and therefore is in accordance with Article 6(e) of the GDPR.
It is necessary because the Tribunal must process your data to discharge its statutory duties in accordance with the following legislation:
- The Special Educational Needs Tribunal for Wales Regulations 2012 (S.I.2012/322) (W. 53)
- The Education (Wales) Measure 2009 (c. 05)
- The Education Act 1996 (c. 56)
- The Equality Act 2010 (c. 15)
What categories of personal data are you processing?
From the special categories of data listed in Article 9(1) of the GDPR, the Tribunal will routinely be processing data on health. It is however possible that any of the other special categories of personal data could feature in any one case. Other special categories of personal data include information about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic or biometric data for the purpose of uniquely identifying a natural person, or data concerning a natural person’s sex life or sexual orientation.
The Tribunal will only process special category data where it is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity in accordance with Article 9(2)(f) of the GDPR.
Where do you get my personal data from?
The Tribunal may receive your data from the following sources:
- You may provide your own data to the Tribunal
- Education Authorities
- Independent schools
- Advocacy Services
- Legal professionals
Do you share my personal data with anyone else?
In terms of the legislation which governs the application process (The Special Educational Needs Tribunal for Wales Regulations 2012 ('the 2012 Regulations') we will send copies of any application, attachments, correspondence and representations to the other parties and their representatives.
In any case type, where the tribunal decides that expert evidence is required to assist in determining the case, relevant data pertaining to the case will be shared with the third party. All parties will be made aware of this at the time, and will receive a copy of any report received by the third party.
If information comes to light which raise concerns about the safety of an individual, this may be passed on to the appropriate authority for investigation.
Tribunal decisions may be published on its website. Decisions are published in such a way as to protect the anonymity of the person to whom the decision relates.
For the purposes of hosting virtual hearings, Kinly will be a data processor on behalf of the Tribunal and Welsh Government. Kinly stores call detail records for 2 years which includes date and time of hearing, participant addresses (video endpoint address, Skype address, IP address), call length, device used to connect and location (IP based).
Do you transfer my personal data to other countries?
The Tribunal would only transfer data to other countries to party or witness who does not reside in the United Kingdom. In such an instance, case papers would be sent to the named person by International Standard Delivery via the Royal Mail Group Ltd or by secure email.
How long do you keep my personal data?
We will retain your data for up to 6 years in line with our Retention and Disposal Schedule.
What rights do I have?
- You have the right to obtain confirmation that your data is being processed and to have access to your personal data
- You are entitled to have personal data rectified if it is inaccurate or incomplete
- You have a right to have personal data erased and to prevent processing in certain circumstances
- You have the right to ‘block’ or suppress processing of personal data in certain circumstances
- You have the right to data portability in certain circumstances
- You have the right to object to the processing in certain circumstances
If you have any general queries regarding the content of this privacy notice or would like further information about any part of it, please contact us at WelshTribunals@gov.wales
The President's Office
Special Educational Needs Tribunal for Wales
Spa Road East
Head of Governance and Assurance
2nd Floor, South Wing
How do I complain if I am not happy?
If you are unhappy with any aspect of this privacy notice, or how your personal information is being processed, please contact us at WelshTribunals@gov.wales
If you are still not happy, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO):
Information Commissioner’s Office
Tel: 0303 123 1113