DATA PROTECTION AND INFORMATION SHARING POLICY
White Rock Pre-school collects and uses personal information about staff, pupils, parents and other individuals who come into contact with the school. This information is gathered in order to enable it to provide education and other associated functions. In addition, there may be a legal requirement to collect and use information to ensure that the school complies with its statutory obligations.
What is Personal Information? Personal information or data is defined as data which relates to a living individual who can be identified from that data, or other information held.
All staff involved with the collection, processing and disclosure of personal data will be aware of their duties and responsibilities by adhering to these guidelines.
Data Protection Principles
The Data Protection Act 1998 establishes eight enforceable principles that must be adhered to at all times:
- Personal data shall be processed fairly and lawfully;
- Personal data shall be obtained only for one or more specified and lawful purposes;
- Personal data shall be adequate, relevant and not excessive;
- Personal data shall be accurate and where necessary, kept up to date;
- Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose or those purposes;
- Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act 1998;
- Personal data shall be kept secure i.e. protected by an appropriate degree of security;
- Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of data protection.
Purpose This policy is intended to ensure that personal information is dealt with correctly and securely and in accordance with the Data Protection Act 1998, and other related legislation. It will apply to information regardless of the way it is collected, used, recorded, stored and destroyed, and irrespective of whether it is held in paper files or electronically.
Parents will always be allowed to access written records about their children except in exceptional circumstances where data protection laws or safeguarding laws stipulate it is against the best interests of the child to do so and/or where comments and data regarding third parties is incorporated into the child’s records. A copy of the reasons as to what data we keep and for how long is kept in pre-school alongside this policy.
Records relating to individual children are kept in a safe and secure place. Any child-related information which is deemed as vital evidence regarding Child Protection issues may be shared with the related agencies such as Children’s Centre, Social Services and Police Child Protection Unit only on receipt of a signed confidentiality statement.
Information relating to individual children will not be given telephonically except in exceptional circumstances and not without the parent/carers permission such as: In the case of a missing child to police, in the case of illness to the hospital, to the known social worker (CIN or safeguarding) or other related and agreed external professionals.
Records of children and staff are only accessible to those who have a right or a professional need to see them. Records of children also have to be accessible for Ofsted Inspectors.
Data is collected to enable the staff at Pre-School to ensure that every child is kept safe. Children’s Data will only be kept for the time limits set down by law. Children’s Data may be passed on to other agencies such as Primary Schools, LA’s, Social Services with parent/carer permission and a copy of this data will remain with the Pre-School for three years. Children’s Data may be passed on to government departments, Ofsted, QCA for research and data collection purposes. In this case, parental permission will be requested and the child will remain anonymous. No data will otherwise be given to any third parties unless with written parental consent (unless the child’s wellbeing and safety are at risk).
Staff Data may be passed on to third parties when there is a safeguarding concern, a breach of the code of conduct or when it is deemed necessary for the safety and integrity of the Pre-School, it's employees, children and committee members.
Access to data and records Staff and parents/carers whose personal data is held by White Rock Pre-School are entitled to: Ask what information is being held Ask how to gain access Be informed how to keep it up to date Be informed as to what the Pre-School is doing to comply to obligations under the Data Protection Act 1998.
Staff Responsibilities All the staff at White Rock Pre-School are responsible for:
Checking that any personal data they provide is accurate and up to date. Informing the manager of any changes to the information they have provided.
Ensuring that all data and records of children and families who are at the Pre-School are kept securely.
Ensuring that personal information is not disclosed either orally or in writing to any unauthorised third parties. If, as part of their job responsibilities, staff collect personal data from families and children, they must comply with this policy.
White Rock Pre-School is authorised to keep the following records regarding children:
Headcount Data - All providers who offer the Free Entitlement are required to submit headcount data via a Torbay Early Years portal each term; this includes details of the children they will claim for and the hours and weeks the child will access in that term. Headcount days are set for each term and these are published in the Free Entitlement contract.
Early Years Census - Each year, early years PVI settings who offer the Free Entitlement are required to complete an Early Years Census. This information is collected via the Early Years Provider Portal and then passed by Torbay Count Council to the Department for Education
Adults authorised to collect children from pre-school; The names, addresses, telephone numbers and photographs of emergency contacts in case of children's illness or accident; The allergies, dietary requirements and illnesses of individual children; The times of attendance of children, staff, volunteers and visitors;
Accidents; Incidents; Safeguarding documentation; IEPs; Concerns/complaints. Information regarding staff: The names, addresses, telephone numbers of all staff and next of kin; bank details for payment purposes; Medical information; Contract of employment; Signed policy agreements; CPD documents; Concerns/complaints; Attendance register; Absence information; Accidents; Incidents;
Photograph Policy Within the Early Years Foundation Stage Framework (2014), practitioners are required to obtain photographic evidence of children’s play, learning development, and experiences within the Pre-School setting. These photographs are then printed and put into each child’s Developmental Folders. The individual folders show each child’s developmental progress and are a personalised record of progression. When the child leaves the Pre-School setting, this document goes with them and may be used by the teachers in the child’s new Primary school to obtain information regarding each child’s skills, learning and development. All parents will be requested to authorise the use of photographs being taken for the purpose of the above when they fill in the registration form. However, if any photographs are required for other purposes than that mentioned above, such as publicity, news articles, television, or the Pre-School's website, parents will be requested to fill in a specific form authorising the use of their child’s image. Once the photographs are taken, they are printed and all digital copies of photographs are deleted. If photographs are required for research purposes, parents' authorisation will be requested in writing with a written and signed explanation of how these photographs will be used. No person is authorised to remove the camera's from the setting to print out photographs of the children. Once the photos have been printed they are deleted from the camera and the computer unless being used for updating the Pre-School website. Any member of staff who keeps and uses photographs of the children at White Rock Pre-School other than for the purposes mentioned above will receive instant dismissal for gross misconduct, and the authorities (LADO, ISA, Ofsted) will be immediately informed.
White Rock Pre-School’s designated Data Controller Karen Hornabrook, is responsible for ensuring compliance with the Data Protection Act and the implementation of this policy. Any breach of this policy will be taken seriously and may result in formal action. Any member of the staff or any parent/carer who considers that the policy has not been followed in respect of personal data about themselves should raise this matter with the Pre-School Manager and/or chair.