Impact of Universal Free School Meals Programmes – Privacy Notice (NHS Digital Data)
Who is undertaking this research project?
The research project is being undertaken by a research team based in the Institute of Social and Economic Research (ISER) within the University of Essex
Institute of Social and Economic Research,
University of Essex,
Wivenhoe Park,
Colchester,
Essex
CO4 3SQ
Web: https://www.iser.essex.ac.uk
The University of Essex is registered as a data controller with the Information Commissioner’s Office (Registration Number: Z699129X).
The Data Protection Officer for the University of Essex is-;
Data Protection Officer
University of Essex
Wivenhoe Park
Colchester
CO3 4SQ
dpo@essex.ac.uk
What are the purpose(s) for which data are being processed within this research project?
This project is funded by the Nuffield Foundation, to evaluate the effects on age 11 bodyweight outcomes, of the Universal Free School Meal programmes implemented by Local Authorities in England since 2004.
What is the legal basis under which data is processed within this research project?
Under the General Data Protection Regulation (GDPR), a legal basis is required for processing of personal data. The legal basis under which data is processed within this project is:
Article 6 (1) (e) – “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;”
Processing of data concerning gender and ethnicity (and other ‘special categories’ of data) requires the fulfilment of an additional condition under GDPR. The specific condition fulfilled by the processing of such data within this project is:
Article 9 (2) (j) – “processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.”
When relying on this condition for processing special categories of personal data, an organisation must determine which condition of the Data Protection Act 2018, Schedule 1 Part 1 supports that processing. For this project that will be Condition 4 as the data will be processed for Scientific Research.
For further information, see: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/
Which sources of data are being used by this research project?
The project will use data from the following source:
NHS Digital (NHSD)
NHSD is the national information and technology partner to the health and care system. It is responsible for collecting, analysing and presenting national health and social care data.
NHSD will supply school-level data (mean BMI, percent obese, percent overweight, percent under-or-healthy-weight) on Primary school children’s bodyweight outcomes
Information on school exposure to universal meal programmes, cohort sizes (rounded to nearest 10), and Quintiles of Free School Meal eligibility and take-up and the Income Deprivation Affecting Children of the school from publicly available Department for Education sources, and Local Authority (LA) identifiers and LA-level variables are matched to the data. In the data containing Local Authority identifiers, data on schools with an average cohort size of less than 20 is suppressed.
How is the data being collected within this research project?
The project will use NHS data that is collected routinely by clinicians and healthcare professional as part of direct care. Such data is typically collected within the Electronic Health Records maintained by NHS organizations. The matched data is school-level data, collected by DfE as part of the Annual School Census or the charity Magic Breakfast in its operation of breakfast clubs, or Local Authority data collected by the Office for National Statistics.
No additional or amended data is being collected for the purpose of the project.
What categories of data will be obtained from these sources?
The project will obtain specific data from the National Child Measurement Programme The data that will be obtained has been identified by the research team as necessary and sufficient to robustly answer the research question.
The following data will be obtained:
National Child Measurement Programme
For school cohorts in school years Reception and Year 6, for the 2006/07 to 2018/19 academic years:
– Mean BMI z-score. An individual’s BMI z-score is a measure of how far above or below average the child’s body mass index (weight / height-squared) would have been in a reference population of children of the same age (in months) and sex in 1990. This variable contains the average of all children measured in that school cohort in that year.
– Percent obese
– Percent overweight.
– Percent under-or-healthy-weight
– Percent of children measured of Black ethnicity.
– Percent of children measured who are girls.
– Date (week-commencing) the school was visited for measurement
– Local Education Authority identifier.
To prevent re-identification of schools, school identifiers will be anonymised, school size will be rounded to the nearest 10, school characteristics transformed into quintiles. In data containing the Local Authority identifier, bodyweight data on schools with an average cohort size of fewer than 20 children will also be suppressed.
More information can be found here: https://digital.nhs.uk/services/national-child-measurement-programme/
Will my data be used by the research project?
It is impossible for the Project Team to determine if your data is included within the secondary data provided to us by NHSD since these data are provided at a summary level and are anonymised. ISER can not identify any living individual from the data provided by NHSD.
All results proposed for publication will be shared with NHSD prior to being released, to check there is no risk of disclosure, before being released to researchers.
Can I opt-out of the use of my data by the research project?
ISER have no way of knowing who is included within the data sets supplied to us by NHSD since all data are functionally anonymised when we receive them. You cannot therefore opt out of this project by contacting ISER. You may be able to choose to opt-out of research projects like ours by following the NHSD opt-out procedures.
For further information, see: https://digital.nhs.uk/services/national-data-opt-out-programme
How will my privacy be protected?
The project will use anonymised data for analysis purposes. This means that no identifiable data, such as name and address, will be included in the data obtained by the research team at the University of Essex. This project uses anonymised school level summary data of children’s bodyweight outcomes. Additionally, the research project will use only that data which is necessary and sufficient to robustly answer the research question.
All data received at the University of Essex will be securely stored within an infrastructure that is certified to the Internationally agreed standard for Information Security (ISO27001:2013), and will be managed in accordance with the Data Sharing Agreements that govern the use of the data obtained from the different sources. Access to the data will be restricted to a small number of named and approved members of the research team.
What are my rights in relation to the data?
The General Data Protection Regulation provides the following rights for individuals in relation to their personal data:
The right to be informed
The right of access
The right of rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling
For further information, see: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
A summary of these rights and their applicability in respect of this project is provided in the table below.
| Right | Applies to this project ? | Rationale | ||
|---|---|---|---|---|
| The right to be informed | Yes | Details regarding the project and its use of data are provided within this privacy notice. | ||
| The right of access | No | The research team at the University of Essex are not able to identify specific data subjects in the data provided by NHS Digital. The right of access does not apply to this research project as the research team are unable to determine the data that relates to a specific data subject. | ||
| The right to rectification | No | The research team at the University of Essex are not able to identify specific data subjects in the data provided by NHS Digital. The right to rectification does not apply to this research project as the research team are unable to determine the data that relates to a specific data subject. | ||
| The right to erasure | No | The research team at the University of Essex are not able to identify specific data subjects in the data provided by NHS Digital. The right to erasure does not apply to this research project as the research team are unable to determine the data that relates to a specific data subject. | ||
| The right to restrict processing | No | The research team at the University of Essex are not able to identify specific data subjects in the data provided by NHS Digital. The right to restrict processing does not apply to this research project as the research team are unable to determine the data that relates to a specific data subject. | ||
| The right to data portability | No | The research team at the University of Essex are not able to identify specific data subjects in the data provided by NHS Digital. The right to data portability does not apply to this research project as the research team are unable to determine the data that relates to a specific data subject. | ||
| The right to object | No | Once the data has been received by the University of Essex research team from NHS Digital, the right to object does not apply to this project as the research team are unable to determine the data that relates to a specific data subject. | ||
| Rights in relation to automated decision making and profiling | No | The research team at the University of Essex are not able to identify specific data subjects in the data provided by NHS Digital. The project does not involve any automated decision making or individual profiling. |
Will my data be transferred to any organisations outside of the University of Essex?
No NHSD data will be transferred outside of the University of Essex.
How long will my data be retained by the research project?
Data will be retained by the research team for the duration of a three year license from the date it is received from NHS Digital, to facilitate the publication of reports.
What approvals have been obtained by the research project?
The research project has successfully obtained:
Ethical approval from the University of Essex Social Science ethics sub-Committee.
What if I have further questions?
Any questions regarding the use of NHSD data should be directed to NHS Digital enquiries@nhsdigital.nhs.uk.
All data processed by ISER staff are fully anonymised and we can’t provide any indications of whether or not your personal data is contained within the data sets provided to us by NHSD. Additionally, any queries or concerns regarding the processing of personal data can be made to the Information Commissioner’s Office https://ico.org.uk.