Chamber and committees

Education Scotland acts as the Data Processor for Glow (except for Education Scotland’s own staff and data). Organisations using Glow do so under a contract (the Glow Agreement) and are Data Controllers for their own staff, pupils and data. Local authorities are the Data Controllers for the vast majority of Glow users.

As Data Processor, Education Scotland is obliged to inform affected / potentially affected Data Controllers where any data breach is suspected or confirmed. Education Scotland also inform the Information Commissioner where relevant. It is the responsibility of the Data Controller(s) to advise any users (or their guardians in the case of pupils) of any data breach.

In addition to the legal responsibilities of Data Controllers and Processor in relation to Glow, there are practical reasons why local authorities and other organisations using Glow notify affected users of any breach. Education Scotland does not hold, or have access to, contact information for Glow users other than their Glow email address. Data Controllers hold this information for their users (and for guardians in the case of pupil users) and are best placed to ensure that any issues are communicated sensitively and with appropriate support.

We are working with partners towards full reopening of schools at the start of term in August and a final decision will be regarding this will be taken by Cabinet on 29 July and set out to Parliament on 30 July. However, the plans for blended learning remain an essential contingency which could be applied at local, regional or national level in future if needed. Education Scotland is also expanding its close working with e-Sgoil to ensure the availability of online lessons that will help support and augment the work of classroom teachers when schools re-open. E- Sgoil will train additional teachers to provide online lessons, across a range of subjects, which learners in the senior phase all across Scotland can access via Glow. Partners are now working together so that they are designed, in English and Gaelic medium, to complement what is being delivered in local schools.

Clear information on contingencies and outbreak management procedures are set out in the guidance for schools and local authorities, which will be published on 30 July.

Survey and design work has been undertaken in the period since contracts for the Central and South lots were signed at the turn of the year. I am pleased to confirm that work on the ground has now begun in the South lot, which includes the Lammermuir area, with similar work for the Central lot, including the rest of East Lothian, due to commence in late September/early October.

Our online checker for R100 is currently undergoing testing with a view to a go-live date in August 2020, allowing people to explore what the R100 programme will deliver for their individual premises.

Use of Glow is only permitted for organisations that have signed a contract with Education Scotland as the platform provider – the Glow Agreement. A requirement of this legal contract is that non-pupil accounts must only be provided to people with a valid disclosure certificate. PVG cannot be mandated, although in many instances where interaction with children is a requirement, PVG will be required by the organisation creating the non-pupil account.

The majority of non-pupil accounts are created automatically by Glow from an extract of relevant data contained in SEEMIS records. SEEMIS is the Education Management Information System which holds a record of every pupil and member of staff at state schools in Scotland.

Additional accounts can be created for non-pupils. This is managed locally by each customer, as the Data Controller, who will determine the appropriate level of disclosure required.

Education Scotland is responsible for the delivery of the Glow platform, including Information Security.

In June 2020, Education Scotland officials had a general discussion with the Information Commissioner. This covered the actions taken during lockdown by schools to help parents and guardians in supporting their child’s access to Glow, changes made to Glow in response to this and planned future changes.

No discussions have been held in the period January 2020 to 17 July 2020 with Disclosure Scotland in relation to Glow data security.

We have set out clear, robust criteria for the return of schools full-time in August including our commitment to publishing the scientific evidence and public health advice that underpins our planning. An initial summary of key scientific and public health advice published on 26 May 2020.

The COVID-19 Advisory Sub-group on Education and Children’s Issues advice on physical distancing and safe school transport was published on 16 July : https://www.gov.scot/publications/coronavirus-covid-19-advisory-sub-group-on-education-and-childrens-issues/

A final decision regarding whether we are in a position to reopen schools full-time and for all pupils will be taken by Cabinet on 29 July and set out to Parliament on 30 July.

In reopening Scotland’s schools, our overriding priority is ensuring the safety and wellbeing of our pupils and staff. A final decision regarding whether we are in a position to reopen schools full-time and for all pupils will be taken by Cabinet on 29 July and set out to Parliament next Thursday.

Following scientific advice, clear guidance for schools and local authorities, including local outbreak management protocols, is being developed in partnership with the COVID-19 Education Recovery Group (CERG) and will be available no later than 30 July.

Education Scotland acts as the Data Processor for Glow (except for Education Scotland’s own staff and data for which it is also Data Controller). Organisations using Glow do so under a contract (the Glow Agreement) and are Data Controllers for their own staff, pupils and data. Local authorities are the Data Controllers for the vast majority of Glow users.

The reporting of data breaches to the Information Commissioner is the responsibility of Data Controllers. As Data Processor, Education Scotland is required to advise the relevant Data Controller(s) of any breach of which it becomes aware and to assist them in complying with their obligations regarding personal data breaches.

Since January 2020 Education Scotland has been made aware of two suspected data breaches. One of these was confirmed (a single user sharing information with a wider audience than intended) and one deemed not a breach. No suspected or confirmed breaches remain under investigation by Education Scotland.

We have been clear that fairness has to be delivered for all learners in the absence of the 2020 exam diet, and the Chief Examining Officer has set out that it is one of the three core principles upon which the Scottish Qualifications Authority is approaching the awarding of qualifications this year.

The Scottish Qualifications Authority has given assurances that they will meet their public sector duty under the equality legislation on their approach to certification, including publication of a completed Equality Impact Assessment.

As outlined by the Chief Examining Officer in her written response to the Education and Skills Committee of 30 June 2020, the Equality Impact Assessment will be published by 4 August 2020.

The reopening of Early Learning and Childcare (ELC) services guidance, that was published on 15 June, will continue to apply when settings reopen from 15 July. The recent announcements on physical distancing in social settings does not affect guidance for ELC and childcare services at present. We have been clear that physical distancing is not feasible or developmentally appropriate for young children in ELC settings, and a range of other public heath measure have been put in place to reduce risks of transmission.

The guidance for reopening ELC will be reviewed as the scientific and public health advice develops, alongside any updated guidance for schools. If further changes are required, based on the updated evidence, an update will be issued at the end of July.

On the 8 July a joint letter from COSLA and the Minister for Children and Young People, was issued to Directors of Education and ELC local authority leads to provide further clarity on what’s next for the 1140 expansion programme. The full letter can be found on the Scottish government webpages .

We will continue to work with all ELC providers and local authorities to support the safe reopening of ELC settings during Phase 3 of the Scottish Government’s Route Map in line with the Strategic Framework for reopening schools and ELC provision, published on 21 May.