The outsourcing of EHCP’s and Annual Reviews without parental consent to share data is lawful .The LA can rely on the ‘ public task ‘ exemption under Article 6(1)(e) of the EU General Data Protection Regulation 2016/679.
This means that the LA can rely on this to:
‘ “process” personal data “ in the exercise of official authority”. and if,
“ the process is necessary”.
Section 8 of the Data Protection Act 2018( the Act) states that this will cover,
“ statutory functions” i.e. timescales for issuing EHCP’s and amending AR’s.
This also applies to the Health and Social Care Data as that Data is “ necessary” for the issuing of EHCP’s and amending Annual Reviews.
If parents and carers would like any further information please contact firstname.lastname@example.org