Early Learning and Childcare (ELC) Statistics: privacy notice

Your rights

Article 21 of the GDPR gives individuals the right to object to the processing of their personal data.  However, where the processing personal data is for scientific or historical research, or statistical purposes, your right to object is more restricted.

Article 21 (6) states:

“Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her personal situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.”

As the data we process is lawfully gathered and necessary for the performance of a task carried out for reasons of public interest, you do not have a right to object to the processing of your personal data because it is necessary for the performance of a task carried out in the public interest. 

Also, as we require this data for the performance of a task carried out in the public interest (and for no other purpose, such as direct marketing), Article 17 (3) of the GDPR states that we are also not required to erase any personal data as we need to retain this data for this purpose. 

The Data Protection Act received Royal Assent on 23 May 2018.  Part 6 of this Act “Derogations etc. based on Article 89 for Research, Statistics and Archiving” states that certain GDPR provisions do not apply to personal data processed for—

(a)  scientific or historical research purposes, or

(b)  statistical purposes,

to the extent that the application of those provisions would prevent or seriously impair the achievement of the purposes in question.  However, these exemptions are only available where:

(a)  the personal data is processed in accordance with Article 89(1) of the GDPR (as supplemented by section 19), and

(b) as regards the disapplication of Article 15(1) to (3), the results of the research or any resulting statistics are not made available in a form which identifies a data subject.

Part 6 of this Act “Derogations etc. based on Article 89 for Research, Statistics and Archiving” also states that certain GDPR provisions do not apply to personal data processed for—

(a)  archiving purposes in the public interest

to the extent that the application of those provisions would prevent or seriously impair the achievement of those purposes.  However, these exemptions are only available where:

(a) the personal data is processed in accordance with Article 89(1) of the GDPR (as supplemented by section 19).

As the data we process is lawfully gathered and processed for Research, Statistics and Archiving in the public interest, in accordance with Article 89(1) of the GDPR, and that any results of the research or resulting statistics are not made available in a form which identifies individual staff, you do not have a right to request access to the data we hold.