Policy
This page contains the policy supporting work for two live Bills currently in parallel.
The Children’s Wellbeing and Schools Bill and supporting documentation
Summary status blogpost
Our view of the Bill as it ends passage in the Commons and moves to the Lords: “Impact Assessment and scrutiny not fit for purpose: the Children’s Wellbeing and Schools Bill so far.” (February 7, 2025) And related, Questions of GP liability for Welsh government children’s data distribution (April 30, 2025)
Background briefings and documents
(1) Defend Digital Me supplemental higlights for the Committee Stage in the House of Lords May-June 2025 [download .pdf 10 pages A4]
(2) Defend Digital Me proposed amendments, for Committee Stage in the Lords (May 2025) [download pdf] NB at this stage without comment on the single identifier as it remains unconfirmed what it is and we therefore recommend that is urgently clarified for sufficient scrutiny to be possible.
(3) Mapping of the non-consensual data collections and flows (a) under this Bill (WIP v. May 15, 2025) download .pdf and (b) in Wales (as of May 2025).
(4) Defend Digital Me Report Stage Briefing (v.14/3/2025) and Supplemental Briefing on Wales data extractions and distribution v7.0 16/3/2025 (This is drafted to the best of our current knowledge four days after Welsh regulations and the Government amendments to the CWBSBill were published this week, WIP amended as we know more). Report Stage amendments 2025. [download .pdf] March 15, 2025 v.8 NB: At Report Stage the draft Bill has updated Clause number 26 which was previously Clause 25 at Committee Stage
(5) Record of debate (Hansard extract) with highlighted references to Clause 4 (pp.145-158) and Clause 25 (pp.299-313)
(6) The Wales Impact Assessment released to Home Ed groups in April 2025.
(7) The Bill page https://bills.parliament.uk/bills/3909 and Children’s Wellbeing and Schools Bill as introduced
https://publications.parliament.uk/pa/bills/cbill/59-01/0151/240151.pdf
(8) Children’s Wellbeing and Schools Bill (CWBS Bill) Explanatory Notes
https://publications.parliament.uk/pa/bills/cbill/59-01/0151/en/240151en.pdf
(9) CWBS Bill Final Stage Impact Assessment
https://publications.parliament.uk/pa/bills/cbill/59-01/0151/HCB151ImpactAssessment.pdf
(10) CWBS Bill Equalities Impact Assessment (Public sector equality duty) https://assets.publishing.service.gov.uk/media/679a2610a77d250007d31448/Children_s_Wellbeing_and_Schools_Bill_-_Equalities_IA.pdf
(11) CWBS Bill Memorandum from the Department for Education to the Delegated Powers and Regulatory Reform Committee
https://publications.parliament.uk/pa/bills/cbill/59-01/0151/delegated_powers_memo.pdf
(12) CWBS Bill ECHR Memorandum https://publications.parliament.uk/pa/bills/cbill/59-01/0151/echr_memo.pdf
(13) Defend Digital Me Consultation response (2024) to the Welsh government consultation on “children missing education” databases and regulations for LAs and Local Health Boards https://defenddigitalme.org/wp-content/uploads/2024/04/Numbered-copy-of-Welsh-government-consultation-response-children-missing-education-databases-DDM.pdf
(14) Children’s Act 2004 https://www.legislation.gov.uk/ukpga/2004/31/section/29/enacted
(15) DfE Commissioned report: (2016) A consistent identifier in education and children’s services: Valle, I.L., Graham, B. and Payne, L. (2016) A consistent identifier in education and children’s services. The Department for Education research report. GOV UK. p.9 https://assets.publishing.service.gov.uk/media/5a8157e5ed915d74e6231bd2/Consistent_identifier__report_July_2016.pdf
(16) The Munro Review of Child Protection: Final Report – A child-centred system (2011). download .pdf
(17) Public Authorities (Fraud, Error and Recovery) Bill https://publications.parliament.uk/pa/bills/cbill/59-01/0167/240167.pdf
The Data Use and Access Bill 2024/5
These changes go to the heart of data protection legislation, and undermine the very essence of what data protection law is for; to prioritise the protections of the person from arbitrary interference in their private and family life, and to ensure people have agency when it comes to automatic processing of personal data about them.
The LIBE Committee noted at the end of 2022, that the UK reform is, “focused solely on economy, innovation and growth and did not make a link to protection of fundamental rights.” In fact, the UK is not only moving away from the GDPR, but when it comes to education more specifically, has not yet made efforts to put into practice the Council of Europe Data Protection Guidelines for Educational Settings (2020) adopted by the Committee of the Convention 108, the drafting of which the UK was involved in, and is a signatory.
(1) Briefing: Commons Committee Stage with Proposed Amendments v1.7 5/3/2025 [download .pdf 729kB]
(2) The Bill page on the Parliament Website and the House of Lords Briefing page
(3) Defend Digital Me Briefing for Second Reading (For 19 November 2024) download .pdf 319kB v2.0
(4) Event at the House of Lords: Children’s Data Use and Access in Educational Settings and a world of AI. November 18, 2024. Registration via Eventbrite
Rolling comment and updates via blogs
January 21, 2025 The consequences of ignoring time in the UK Data Use and Access Bill #DUABill
December 11, 2024 DUA Bill HOL Committee Stage Day 2 #HumanRightsDay 2024 #DataProtection
The [predecessor] Data Protection and Digital Information Bill 2023-24
(1) Legal Opinion from Stephen Cragg KC. [download as pdf]
(2) Defend Digital Me briefing to accompany KC opinion by Stephen Cragg KC. [download as pdf] and DPDI Briefing Letter as audio [download DPDI Bill DDM letter 12122023 audio version].
(3) The accompanying blog and background to the KC Opinion and Briefing prepared for the Report Stage, 29 November 2023.
(4) Defend Digital Me is calling for the Data Protection and Digital Information Bill to be withdrawn. In March 2023, Defend Digital Me, as part of a coalition of 25 further civil society organisations,
already wrote to the Secretary of State for Science, Innovation and Technology, Michelle Donelan MP, calling for the Data Protection and Digital Information (DPDI) Bill to be dropped. We reiterated this ask in October 2023 with DCMS Minister John Whittingdale.
(5) November 2019 EdTech briefing (download .pdf). v1.8
References and background for the Bill debate: updated Autumn 2023
(1) Defend Digital Me EdTech and pupil data Briefing: November 2023 (WIP) v.1.9
(2) Our latest backgrounder on the National Pupil Database. [NPD Briefing May 2024 v6.0, 859 kB pdf]
(3) House of Lords short debate Educational Technology Vol. 834 November 23, 2023 [view transcript Hansard html] [view parliamentary TV from 16:00]
(4) Research report: The Words We Use in Data Policy: Putting People Back in the Picture (2021) online and available to download as .pdf
(5) Our further reports on Artificial Intelligence, Biometrics, Encryption, National UK Data policy and children are all on our research page.
(6) 2018 findings from an informal DDM survey from 35 schools ICT staff [download .pdf]
(7) EXTERNAL 2017: The Global Privacy Enforcement Network’s 2017 GPEN Sweep Report on Online Educational Services
(8) EXTERNAL: 2018 Resolution on e-learning platforms. (40 th International Conference of Data Protection and Privacy Commissioners, October 2018).
(9) EXTERNAL 2020: ICO Executive summary of the 2020 audit of the Department for Education
(10) EXTERNAL 2022 House of Lords Children’s Private Information: Data Protection Law Volume 826: debated on Monday 12 December 2022
(11) EXTERNAL 2023: Global Privacy Assemby (global Data Protection Supervisory Authorities) Resolution on Generative Artificial Intelligence Systems
The [previous version] Data Protection and Digital Information Bill (No.2) 2023
Defend Digital Me Second Reading Briefing | Data Protection and Digital Information Bill (2) v1.5 16/4/2023.pdf
The problem with new definition of personal data in the Bill (Dr. Chris Pounder) “Definition of “personal data” in DPDI No 2 Bill results in non-compliance with CoE Convention No.108.”
Bill page https://bills.parliament.uk/bills/3430
The [prior predecessor] Data Protection and Digital Information Bill (2) 2022
The Data Protection and Digital Information Bill [Bill 143 2022-23] was introduced in the House of Commons on 18 July 2022. The Bill is scheduled to have its second reading on 5 September 2022.
Our briefing for Second Reading v1.5 (September 3, 2022) [download .pdf]
- The Bill Explanatory Notes [.pdf]
- Delegated Powers Memorandum (.pdf)
- Bill Impact Assessment (.pdf)
- Commons library briefing
Education policy and vision 2024 and beyond
Our vision for the UK Education and Digital Rights Act 2030
- 2024 DDM General Election manifesto proposals for a rights respecting digital environment in education [link] to download .pdf 4.1MB v2.0
- The State of Data Report 2020 [link] Recommendations after research mapping data flows into, across, and out of the state education system (2015-20)
- 2019 DDM General Election manifesto proposals [link to download]
- See also the 5Rights Digital Futures Commission work on a Blueprint for education data governance
Education data and Legislation
Welsh government Consultation on “children missing education” Databases and Regulations for Local Authorities and Local Health Boards (2024)
- Link to consultation closing April 25, 2024
- Joint briefing with Home Ed Cymru [.pdf download April 16, 2024] v1.0
The Counter Terrorism and Border Security Act 2019 (As relates to The Prevent Programme and children’s data transfers)
- Link to legislation [gov.uk link]
- House of Lords debate (17 December 2018) [Hansard] [continues]
- 2016 Joint Committee on Human Rights report on counter- extremism [download .pdf, 487kB, 20 July 2016] paragraphs 43-75 on education
- defenddigitalme Prevent policy briefing on safeguarding in schools
- FOI on CTIRU takedown transparency [WDTK link]
The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (000/2019)
- defenddigitalme briefing [download .pdf 1.4MB] May 14, 2019
- Debate House of Commons: draft Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019. (May 15, 2019) See written text in Hansard.
- Government response to questions from the Secondary Legislation Scrutiny Committee [link]
- Secondary Legislation Scrutiny Committee 49th Report [link]
- The Draft Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 [link]
- Key affected legislation
- 2018 Letter from the the UK Statistics Authority Director General for Regulation, recommending a Data Protection Risk Assessment. [link]
- May 30, 2019: NPD Data Protection Impact Assessment Summary (published by DfE FOI on Via WhatDoTheyKnow.com) [link]
- HESA data collection [link]
The Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018
- Notes released via FOI on the decision making between the DfE and the receiving bodies between November 2017 and March 2018 [released via FOI in September 2018] [download .pdf 1.1MB]
- July 2018, Motion of Regret Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 [link]
- July 2, 2018, First Delegated Legislation Committee — watch the session here. See written text in Hansard.
- defenddigitalme briefing for the First Delegated Legislation Committee Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 (SI 2018, No. 607) [download .pdf 149 kB]
- defenddigitalme letter to the Secondary Legislation Scrutiny Committee [download .pdf 366 kB]
- February 2017 Three bills and education data: The Technical and Further Education Bill, Higher Education and Research Bill and Digital Economy Bill [download .pdf 121 kB]
Data Protection Bill 2017-19 and GDPR
The final version of the GDPR, available on the European Commission website: 2018 reform of EU data protection rules
- Briefing for the Data Protection Bill House of Commons Report Stage 2018 [download .pdf 237 kB]
- Briefing on new government safeguarding data protection processing conditions [download .pdf]
- Briefing for the Data Protection Bill House of Commons Second Reading 2018 [download .pdf 216 kB]
- Amendment 117: Briefing for the Data Protection Bill House of Lords Report Stage (Code of Practice) [download .pdf 196kB]
- Response to Working Party 29 Guidelines on Automated individual Decision-making and Profiling for purposes of Regulation 2016/679 [download DDM response.pdf 234 KB]
- Summary from defenddigitalme on Data Protection Bill Committee Stage 14 November 2017 [download .pdf 63 KB 3-page]
- Amendment 80: Briefing for the Data Protection Bill House of Lords Committee Stage (Schedule 2, Part 1, Paragraph 4) [download .pdf 183kB]
- Amendment 74A: Briefing for the Data Protection Bill House of Lords Committee Stage (Recital 71) [download .pdf 125kB]
- Reference: Amendment briefings related to Amendments for Committee stage [Revised second list of marshalled amendments, 3 Nov 2017]
- Briefing ahead of the Data Protection Bill House of Lords Second Reading [download .pdf 212 kB] v2.0
- May 2017 GDPR derogations DCMS consultation defenddigitalme response: [download .pdf 586 kB]
- The Article 29 Data Protection Working Party Opinion 2/2009 on the protection of children’s personal data
The Higher Education and Research Act 2017, The Technical and Further Education Act 2017, The Digital Economy Act 2017
- February 2017 Three bills and education data: The Technical and Further Education Bill, Higher Education and Research Bill and Digital Economy Bill [download .pdf 121 kB]
State of Data 2018: Rights and Responsibilities in Education in England and GDPR
- Sample views from schools on GDPR readiness [snapshot of small sample of IT and Data Protection staff in 35 schools download .pdf 939 kB]
- Comparison of UK National Databases of pupil data, access rights, transparency and data stored [download 118 kB]
- Survey of parents on views of data in schools and our work on the #StateOfData2018 review [read more]
- Earlier reference to the Motion to Regret, the Education (Pupil Information) (England) (Miscellaneous Amendments) Regulations 2016 [collection of nationality and country of birth data in the school census] October 31, 2016.
List of parliamentary questions
Our list of relevant Parliamentary Questions and Answers on the collection and uses of national pupil data as found on the Parliamentary website.
Wales student database – OCT 2017 [Statutory Instrument 807/2017 (W.214)]
- Students in Wales have had their rights to privacy impinged by this change in law. Their personal data can be shared with third parties, including the Student Loans Company, without consent.
- The Education (Student Information) (Wales) Regulations 2017 No. 886 (W. 214) [link]
- Short background and questions [1-page download .pdf 178kB]
- Letter to the Constitutional and Legislative Affairs Committee, National Assembly for Wales [download, .pdf 304 KB]
Wales workforce data and third party sharing – OCT 2017 – [Statutory Instrument 940/2017 (W. 233)]
- Teaching workforce in Wales have had their rights to privacy impinged by this change in law. Their personal data can be shared with third parties, including their National Insurance details, without consent.
- Letter to the National Assembly for Wales [download, pdf 143kB]
- National Assembly for Wales consultation and committee page [link]
Briefing on School Governor nationality data collection
- Governors’ data collection – an overview and questions [download .pdf 90kB]
On child health data linkage
- Letter to NHS England Child Health Transformation Team, January 2017 [download .pdf 98.1kB]
- NHS Newborn Blood Spot Screening Programme 2017-18 [defenddigitalme Response] .pdf 167kB
External public correspondence
September 2019 update from the UK Statistics Authority to defenddigitalme [download]
October 2018 https://osr.statisticsauthority.gov.uk/correspondence/national-pupil-database-2/
March 2018: reply from the UK Statistics Authority to defenddigitalme [download] and to the Department for Education [download]
November 2017 Letter to the UK Statistics Authority
February 2017 reply from Ed Humpherson at the UK Statistics Authority [download]
January 2017 Letter to the Scrutiny Committee regards use of HMRC data for mailshots to 15-17 yr olds [download]
December 2016 Letter to the UK Statistics Authority
April 2016 Letter from the Director General for Regulation, the UK Statistics Authority
Article 13 Copyright Directive
Opposition to proposal for the first obligatory EU internet filter. Letter to MEPs September 2018 [download .pdf 54kB]
Conference Paper and slides
Data for Policy conference, Cambridge, September 2016: When the chips come out: Is our public research infrastructure fit for the future? .pdf 191kb]
Our Consultation Responses can be found here on a rolling basis.
Other research references
Bodycameras collaboration between the University of Cambridge, RAND Europe [link]