Adult Learning Service privacy notice
Who are we?
Bury Adult Learning Service is part of Bury Council. We provide education and training for young people aged 16-18 and for adults aged 19+ funded by the Education and Skills funding Agency (ESFA).
Our core data protection obligations and commitments are set out in the Council's primary privacy notice, and within Bury Adult Learning Services Privacy Notice.
This notice provides additional privacy information for learners aged 16 and over who have or who are undertaking courses with Bury Adult Learning Service.
Categories of data we collect, process, hold and share include
Personal Information (such as name, unique learner number, address, telephone numbers, email addresses, post code, gender, nationality, date of birth, national insurance number, employment status, benefit type, previous qualifications and attainments, household details, emergency contact details)
Sensitive Information (such as ethnicity, disability/learning difficulty)
Why we collect and use this personal information
We use learner data to:
- Enable us to carry out specific functions for which we are responsible
- Derive statistics which inform decisions such as the funding of qualifications
- Assess performance and to set targets for colleges and training providers
- Enable us to support learners into employment or volunteering
- To contact learners in the event of an emergency or course cancellation
Bury Adult Learning Service collects and obtains personal information so that it can receive funding from the Education and Skills Funding Agency (ESFA). This funding, along with a small proportion of fee income from the learner, enables the Service to deliver a range of programmes to post 16 learners.
The Department of Education (the DFE is the data controller for personal data processed by the ESFA)
The lawful basis on which we use this information
Learner data is used by the ESFA and the DfE to perform statutory functions on behalf of the Secretary of State as set out in the Apprenticeships, Skills, Children and Learning Act 2009 and for the exercise of functions of the Crown, a Minister of the Crown or that government department.
The lawful basis for the processing of this data are:
GDPR Article 6 -
- Necessary for entering into or performance of a contract
- Necessary for performance of a public task carried out in the public interest or in exercise of official authority vested in the controller
GDPR Article 9 -
- Necessary for employment, social security and social protection
- Necessary for archiving, research and statistical purposes
Learner information may be shared with third parties for education, training, employment and well-being related purposes, including for research. This will only take place where the law allows it and the sharing is in compliance with data protection legislation.
The English European Social Fund (ESF) Managing Authority (or agents acting on its behalf) may contact you in order for them to carry out research and evaluation to inform the effectiveness of training.
We routinely share learner information with:
- The Secretary of State for Education acting through the Education and Skills Funding Agency (ESFA) to fulfil our contractual duties linked to delivery of education and training.
- External organisations in relation to examination and accreditation process, for example awarding organisations, JCQ and Ofqual
- Student Loan Company for the purpose of monitoring loan applications
- BKSB - for the purpose of diagnostic assessment (where applicable)
- Learner Record Service to assess learner's previous achievements to make sure they access the right training that meets their individual needs, and to apply for a Unique Learner Number (ULN) if a learner does not already have one.
- Other external companies in order to obtain destination and progression information from learners that have been in provision with Bury Adult Learning Service, in order to fulfil service and contractual obligations
For the current Privacy Notices for the ESFA and Learner Record Service, and details on how to access the Personal Learning Record please visit the following websites:
We may share learner information with the following third parties for the reasons detailed:
- Other departments within the Council to support learner's health, safety and well-being
- Statutory agencies such as the Police, National Fraud Authority in line with our legal obligations and/or in completion of our public tasks
In accordance with our legitimate interests we may contact learners to:
- Send out information about courses that learners have asked for, or that may be of interest
- To carry out research to evaluate the effectiveness of our training services
Learners can agree to be contacted for these purposes at the point of enrolment. If they have opted into this, they can opt out at any time by contacting Bury Adult Learning Services Data Protection Officer on 0161 253 5695 or email firstname.lastname@example.org.
Consequences if statutory or contractual information is not provided
Failure to provide certain information when requested, means we will not be able to fulfil our contract with the ESFA which may mean the learner will not be eligible to undertake their learning programme.
Requesting access to your personal data
Under data protection legislation, parents and learners have the right to request access to information we hold about them. To make a request for this information please contact The Data Protection Officer on 0161 253 5695 or email email@example.com.
Learners have a right to:
- Request copies of any of any personal information that is held by Bury Adult Learning Service
- Ask us to correct information
- Ask us to delete personal information. Bury Adult Learning Service and the Council, can refuse to delete information if we have a lawful reason to keep this
- Ask us to transfer personal data to different services or to them
- Object to how their data is being used and how it is going to be used in the future
- Object to decisions being taken by automatic means (for example online)
- Lodge a complaint with the supervisory authority (The Information Commissioner's Office)
Storing this information
We are obliged in our ESFA contract to hold learner data for three years after the European Commission has made its final payment, which is the 31 December 2030 after which the information will be destroyed. Learner information is held securely digitally and hard copy, both of which are bound by GDPR legislation.
We may update or revise this Privacy Notice at any time.