Protecting personal information for the national curriculum technical pre-tests 2018

Why is this data being collected?

The data collected during the 2018 pre-tests is to be used for informing the analysis of the test results and for ensuring that the tests are operating appropriately for all pupils.

The Standards and Testing Agency (STA) has engaged the National Foundation for Education Research (NFER) to carry out the administration of the 2018 pre-tests. The purpose of the pre-tests is to produce robust and reliable tests for possible future use in the end of the KS1 and KS2 national curriculum assessments in English reading, grammar, punctuation and spelling and mathematics. It is a statutory requirement for the selected schools to participate in the tests.

STA will use the test results and pupil background data to determine which questions in the tests are suitable, including for pupils with different background characteristics, for the purposes of developing appropriate tests for use nationally by other pupils in the future. The results of the tests will not be published, and no individual school or pupil will be identified in any reports produced by STA or NFER.

STA is the data controller and is responsible for determining how personal data used in this project should be treated. NFER is responsible for handling securely any personal data that is required to carry out the testing programme and will securely dispose of this data at the end of the contract in accordance with agreements with STA.

What is the legal basis for processing activities?

The legal basis for processing personal data, set by STA as the data controller, is covered by:

  • GDPR Article 6 (1) (e) which states that the processing is for the performance of a task carried out in the public interest or in the exercise of the data controller’s official authority where the processing is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government Department and is a proportionate means of achieving a legitimate aim. This provision covers personal data.

The legal basis for processing special data (relating to the SEN status of pupils) is covered by:

  • GDPR Article 9 (1) (j) which states that processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.

How will personal data be obtained?

STA will provide NFER with school census data containing pupil name, date of birth, gender, special educational needs and home language information. NFER will then request that individual schools view the census data, amend the data where necessary, and add the names and data of any new pupils that may have joined the school.

NFER will also ask schools to provide details of special arrangements that individual pupils might require (enlarged tests, coloured tests papers, readers, scribes and/or additional time) to enable the pupils to access the tests. NFER will also collect the names of pupils who are exempt from taking the test if they are working below the standard of the test or are excused from the test for any other reason.

Who will the personal data be shared with?

Personal data will be shared with:

  • Stephen Austin Ltd who will be responsible for printing test booklets for individual pupils. All data is supplied in data files sent by secure file transfer protocol.

Personal data and test results data will be shared with STA:

  • Pupil name and background data are shared to cross check against pupil ID and test data
  • Test attendance data by pupil is shared so that STA know which pupils from the sample have taken the tests
  • Data for access arrangements is shared with STA
  • Pupils’ test results are sent to STA so they can analyse whether the tests are operating appropriately for pupils
  • All data is sent to STA using secure file transfer protocol.

Is personal data being transferred outside of the European Economic Area (EEA)?p>No information gathered for this project is transferred of stored outside of the European Economic area (EEA).

How long will personal data be retained?

Data is not kept longer than necessary and is deleted in accordance with NFER’s and STA’s internal policy and also in accordance with the rights given to individuals under data protection legislation.

  • Data received from STA or collected from schools will be kept by NFER until March 2019, as required by the contract between STA and NFER.
  • Once approval has been received from STA to delete or destroy data then computer files are permanently deleted from NFER system.
  • Paper copies of testing materials are shredded securely on site.
  • Stephen Austin Ltd are contractually required to securely delete personal data held electronically and to destroy, by secure shredding, any printed materials once the testing process is complete.

Can I prevent my personal data being used?

NFER handles personal data in accordance with the rights given to individuals under data protection legislation. If at any time you wish us to withdraw your data or correct errors in it, please contact David Hereward at NFER. In certain circumstances, data subjects have the right to restrict or object to processing; in these cases please contact Claire Sargent, our Compliance Officer at NFER. Individuals also have the right to see information held about them. NFER will cooperate fully when a subject access request (SAR) is made of a data controller. David Hereward and Claire Sargent can be contacted by emailing or by telephoning 01753 637370.

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