GDPR - SIMS consent to use SIMS

[clowe]

Hi, as Capita SIMS is a third party and we are using SIMS to hold all pupils details surely we need SIMS in our consent form to get parents to agree, what if a parent says no do not put my Childs details on SIMS - how will we do registers, contact details etc

[Accura2k7]

The short answer is no you don’t with certain exceptions. The longer answer is that there are legal obligation placed on schools to keep registers of those who attend site for various reasons including The Education Act and The Health & Safety Act. This legislation requires schools to keep records and the choice of how you do this is down to you.

 

Thats what Inventry says about their software, so wouldnt it be the same for SIMS?

Edited April 26, 2018 by Accura2k7

[djrscally]

That is correct, you absolutely do not need parents permission to use SIMS, or any other software.

 

The justification for processing is tool-agnostic; if you can justify using an exception (such as fulfilling a legal obligation) to process data, then you can perform that processing with whatever tool you please.

[jmak]

It's been mentioned quite a few times in different threads on here, but you should have a read about the lawful bases for processing data and consent is only one of them:

 

Contract

Public task

Legitimate interests

Consent

Special category data

Legal obligation

 

If you can use any of the others, you should as consent can be withdrawn at any time and it's difficult to justify changing your mind about the basis for processing the data.

 

More info here:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/