Education sector accounts for 15% of data breaches
The Information Commissioner’s Office (ICO) has recently published the latest statistics on reported data breaches. Between November 2019 and January 2020 a total of 2,795 data breaches were reported, with just over 15% of the occurrences originating in the education sector.
The Information Commissioner’s Office (ICO) has recently published the latest statistics on reported data breaches. Between November 2019 and January 2020 a total of 2,795 data breaches were reported, with just over 15% of the occurrences originating in the education sector.
In this article Dai Durbridge reviews the data and highlights some lessons learned that could be implemented in your school to help you reduce risk and avoid unnecessary financial penalties.
Over the three-month period, 429 data breaches were reported across the education sector. Of the 24 different business areas recorded, only the health sector reported more – with 542 individual cases reported.
We should not, however, read too much into these numbers, as they could tell us very different things: on the one hand yes, there are still a lot of breaches in the sector; but on the other hand, education institutions could just be much better than others at reporting them. Or what is more likely, it could be something in between. What is of interest – and extremely useful – are the types of breach reported.
Data breaches are divided into 20 different breach categories, covering everything from malicious cyber threats to the incorrect disposal of data. The list below includes the top five types of breaches reported in the education sector, along with a couple of other interesting ones:
Type of breach |
Number of breaches |
Data emailed to wrong recipient |
48 |
Loss of paperwork |
41 |
Phishing attacks |
39 |
Posted/faxed to wrong address |
26 |
Loss of devices |
24 |
Unauthorised access to data |
20 |
Failure to redact information |
15 |
You probably recognise these are risk areas in your school. The two interesting ones are, well, interesting: 15 reported breaches for schools failing to redact information, and a further 20 breaches caused by unauthorised access to data.
Over the last couple of years we have advised many clients following data breaches. If you asked me to guess the top three behaviours likely to cause a data breach in schools, I would say:
- Emails sent to the wrong recipient;
- Loss of paperwork; and
- Unauthorised data access.
The wider sector statistics reported by the ICO are certainly in line with what we are seeing from our clients.
Now you know what the key risks are, you should consider the extent to which they are risks in your school or trust and what steps you may need to take to minimise them. You should consider the following:
Emails
- If you still have the autocomplete function turned on for email addresses you should disable it. The autocomplete function can lead to emails being sent to the wrong person because the sender tends to assume the autocomplete has chosen the correct recipient.
- Make sure you are using password protected documents and not putting personal data in the main body of emails.
Loss of paperwork
- Reflect on whether your staff needs to take paperwork off the school site or whether there is a better way for them to access the data they need.
Unauthorised access
- In many cases, unauthorised access to data can be avoided by individuals being vigilant. Staff should be reminded to lock their computers when they leave their desks and take notice of those around them (especially the more mischievous pupils) when personal data is being viewed on screen. It is very easy for photos to be taken and shared.
Given that the top three types of data breach account for over a quarter of all education breaches, you can improve your GDPR compliance by simply focussing on these issues.
Contact

Dai Durbridge
Partner
dai.durbridge@brownejacobson.com
+44 (0)330 045 2105
You may be interested in...
Online Event
Wellbeing and financial considerations – practical solutions for challenging times
Legal Update
be connected - Spring 2023
Legal Update
Teacher strikes – lessons learnt so far
Opinion
Can toilet facilities amount to sex discrimination?
Legal Update
New support launched to manage school complaints
Legal Update
Cyber security and data breaches
Legal Update
#EdCon2023 virtual event hailed a success
Online Event
Flexible working in schools webinar
Legal Update
What does the new Provider Access Legislation mean for schools?
Legal Update
High Court dismisses Welsh RSE right to withdraw claim
Opinion
Term-time school worker entitled to national minimum wage for unworked basic hours
On-Demand
Industrial action essentials: what you need to know
Legal Update
Education Software Solutions Limited breaks against the CMA’s intervention: A victory for freedom and flexibility in contracting for MIS services
Legal Update
Safeguarding at scale report published
Legal Update
Trade unions announce plans to re-ballot members
Legal Update
Widespread industrial action now confirmed for schools
Legal Update
Industrial action and minimum service levels within education
Opinion
Consultation on holiday entitlement – part-year and irregular workers
Guide
FAQs - converting to academy status
Guide
FAQs - becoming a sponsored academy
Guide
FAQs - becoming an academy sponsor
Guide
FAQs – single academy joining a MAT
Legal Update
EdCon2023 launch: Thursday 12 January
Legal Update
The importance of understanding the transitional provisions under the Electronic Communications Code
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Legal Update
Discrimination comes of age
Legal Update
Protecting children and their data in the online environment
Guide
#EdCon2023: Access a range of expert guidance and resources at our FREE virtual conference
Legal Update
be prepared for the 2022-23 academic year
Legal Update
Teacher Pay Survey 2022
Opinion
Rising Employment Tribunal backlog
Legal Update
be connected newsletter for schools - Winter 2022
Guide
Recruiting school staff on a budget – top tips
Regardless of the outcome of ballots on industrial action, unless there is drastic change to funding for schools in relation to pay increases, it will be unusual to find any organisational budget that is not impacted by the current economic situation.
Guide
Good governance essential to avoid falling foul of the ESFA
There’s been little evidence of interventions or financial management reviews this year and it appears the Education and Skills Funding Agency (ESFA) has re-focussed on financial delivery. It’s also telling that there were no discernible changes to the reporting of financial irregularities in the Academies Trust Handbook 2022.
Legal Update
Children's commissioner recommendations for SEND reform
The Children’s Commissioner, Rachel De Souza, has recently published a report “Beyond the labels: a SEND system which works for every child, every time”, which she intends to sit alongside the DfE’s SEND Review (2019) and SEND Green Paper (2022) and which she hopes will put children’s voices at the heart of the government’s review of SEND system.
Legal Update
Coming of age
Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021.
Legal Update
Top three training topics 2022-23
As well as providing day-to-day support to help you focus on managing your settings, we also provide training and professional development on a range of topics to keep you and your staff up-to-date.
Legal Update
School complaint management - exploring a new way forward
There’s greater opportunity than ever for parents, carers and guardians to voice any concerns they have relating to their child’s education and for their concerns to be heard and to be taken seriously. While most staff in schools and academies are conscious of their legal duties relating to complaints management, many are struggling to cope with such a significant increase in the volume of complaints they must manage.
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
Guide
Setting up a trading subsidiary – a guide for academy trusts
We’re pleased to collaborate with Lloyds Bank, who recently asked us and audit and risk specialists Crowe UK to offer guidance that academy trusts would find helpful when considering setting up a trading subsidiary.