Combining the DPO role with that of Clerk to the Trust/Governors

[elsiegee40]

I saw this job ad on TES today

https://www.tes.com/jobs/vacancy/compliance-officer-data-protection-manager-and-senior-clerk-to-the-folio-education-trust-board-sutton-523822

This post has been created to address the increasing levels of regulatory compliance required by schools. Multi-Academy Trusts and the schools which operate within them must meet and observe a wide variety of guidelines and regulations set by both national Government and Local Authority agencies as well as organisations such as Ofsted who inspect state funded academies.

 

This position is a key role within the central Folio Education Trust Management Team and is available as soon as possible. The successful candidate will support all schools within the Trust.

 

The person appointed to carry out this role will advise the Executive Headteacher and the Director of Finance and Shared Services on all aspects of regulatory compliance and other legal issues relating to the management of schools ensuring that appropriate records are maintained. This post reports to the Executive Headteacher but also acts as part of the service provision for all schools and therefore is also there to support the work of each Headteacher in all of the schools within the Trust. They will also be a point of contact for the Clerks of each Local Advisory Board (LAB) collating minutes and advising of common agenda items to ensure consistency across the Trust.

 

Over time the Trust will grow and we envisage that the central team will also expand so that it can ensure the correct capacity to support all of the schools.

 

Please be aware that as the Trust grows over the next five years this role may become a Full Time position. Should any of the aspects with the Job Description appear to be new with regards your current level of knowledge, training and continuing professional development will be provided.[/Quote]

 

I find this interesting as the role of Clerk to the Governors has always been more than that of a minute-taker and meeting organiser. They should also be able to offer guidance to governors on compliance with requirements to governors.

 

So... Is combining the role with Clerk to the MAT a good idea?

 

A clerk is typically involved already in all governor panels and meetings, eg staff and pupil disciplinary, exclusion, pay, finance, and is the adviser on procedure on compliance for all of this... It is already quite a meaty role, especially in MATs

[Love_Sausage]

The clerk to the governors being part time...ok, that might work for someone who can hit the ground running on that - but the DPO role would be a serious stretch. Smacks of a combination of jobs nobody wanted to take responsibility for being lumped together. I've seen this before and nobody got appointed because nobody could cover all aspects.

[GREED]

One would need to ensure that such a role does not present a conflict of interest in terms of setting data policy and all that - you may argue either side that the board of governors (anyone) are or are not suitable for this. GDPR next year will 'enforce this' come next year.

[elsiegee40]

The Clerk does not set policy. That is the role of the Leadership Team. The trustees and governors ratify policy, but even then the Clerk isn't setting it.

 

There is no conflict there unless a Clerk is also employed in a policy writing/setting role which would be separate to their clerking duties.

 

I completely agree about the hours for this particular role. Our Clerks are run off their feet (and the Senior Clerk is full time, term time only) without adding GDPR to the role.

Edited August 7, 2017 by elsiegee40

[GREED]

OK so setting policy is not the right term.

 

A DPO should have access to the highest levels of management that will be setting policy, but also be independent to be able to lead data breech investigations. Is anyone on the board sufficiently independent?

[elsiegee40]

The Clerk is not a board member.

 

If they are employed purely as Clerk then their involvement in policy setting and management of data should be nil.

 

This role seems to attempting to make the DP person also the Clerk. Given the Clerk's role is to advise the board on legal practice, this would sit well.

 

The board can choose to ignore what the Clerk advises is the correct action under the law.

 

Edit:

BUT

Although, come to think of it, the Clerk does have data responsibility...

 

The Clerk manages the data held about all Governors and Trustees, ensuring it's published on the website, etc.

 

The clerk collates and distributes paperwork (personal data) for permanent exclusion and staff disciplinary panels... and for the Pay Committee to approve pay awards. A Senior Clerk will be line-managing others who (also) do this.

 

I just got my brain in gear; these roles cannot be combined.

Edited August 7, 2017 by elsiegee40

[enjay]

Although, come to think of it, the Clerk does have data responsibility...

 

The Clerk manages the data held about all Governors and Trustees, ensuring it's published on the website, etc.

 

The clerk collates and distributes paperwork (personal data) for permanent exclusion and staff disciplinary panels... and for the Pay Committee to approve pay awards. A Senior Clerk will be line-managing others who (also) do this.

 

I just got my brain in gear; these roles cannot be combined.

 

There's nothing wrong with the DPO being in a role which causes them to handle data, is there? They can't be in a role which determines policy on data handling, but that's not the same thing.

[elsiegee40]

There's nothing wrong with the DPO being in a role which causes them to handle data, is there? They can't be in a role which determines policy on data handling, but that's not the same thing.

Data Managers and IT staff don't necessarily determine policy either and they are excluded.

 

Clerks, arguably, work largely autonomously. They are both collecting and distributing the data they work with ... and deciding how it should be done. That's what governors pay them to do.

 

Second opinion @GrumbleDook?

[enjay]

Data Managers and IT staff don't necessarily determine policy either and they are excluded.

True, but they're excluded by name, not just because they handle data. Also, I think IT Managers do determine policy, which is why they are excluded. IT technicians aren't generally considered senior enough to challenge staff at all levels.

[GrumbleDook]

Clerks are a difficult one.

 

I can see both sides here and I suppose it will vary slightly depending on whether your Clerk disseminates data (shunts around stuff that has been prepared) or takes data and operationally works on it with their remit as Clerk (they may already not be allowed to take on the role because of a day job they have within the school)

 

Off to ask NGA and some Clerks.

[GrumbleDook]

The other consideration is the this is for a Data Protection Manager ... not explicitly the DPO.

[GrumbleDook]

General *opinion* from good handful of clerks ... Data Protection Manager (operationally) is a possibility ... at a MAT level it could combine to be a full job ... DPO ... not on your nelly!

[jenatddm]

Some may also find the ico guidance and Article 29 WP advice useful to refer to:

 

See also the Annex pages 19-25 for applied points 8-10 on the role http://ec.europa.eu/newsroom/document.cfm?doc_id=44100