In accordance with the GDPR our setting has a duty to abide by the requirements of the EYFS and the GDPR. We process personal data relating to those we employ to work as, or are otherwise engaged to work as, part of our workforce in accordance with Article 6 – ‘the rights of data subjects’ under the Data Protection Act 1998. {Article 9 – ‘processing of special categories of personal data’ under the GDPR - from May 2018}
We use this data while we are managing your employment with us. It is essential in assisting us in the running of the setting, and to inform the development of our recruitment and retention policies. We also collect data as it allows us to plan our financial model and allows employees to be paid accordingly.
We collect, hold and share the following information. We will collect and process personal data for and to the extent necessary for the specific purpose(s). We are collecting data in accordance with the EYFS 3.8-3.71. We collect the information as it provides us with tools to ensure your child's needs are being met whilst in our care.
The type of details that we will gather on your child are as follows:
The majority of data that we gather will be supplied by you the parent. The data will be processed in accordance with the principles of the GDPR. The data which I will hold will allow my setting to comply with the requirements of the EYFS. The majority of the information that my setting will collect will be based on the statutory framework and will be collected in accordance with that and processed and held in accordance with the GDPR. You will be made aware of the mandatory information I will need to collect and the information that you do not need to submit.
We will always ensure that you are aware of the types of data that you are legally obliged to provide but we will also tell you what data isn’t necessary. In the event that you supply data that is not mandatory but you feel the need to share this with us, we will ensure that your data is protected and not discussed with anyone else unless you disclose something which is illegal or harmful to a child.
We will from time to time ask you to update any data that we currently hold, this is because we will need to know that the information we hold about you is accurate and up to date and relevant.
We may gather and collect further information that helps us, to deal with any issues that may arise from complaints or disputes within the setting. We will from time to time ask parents to undertake a critical appraisal of he setting so that we can build on our existing excellent practice.
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How will I store data?
• I will ensure that only those that have a need to know basis can access staff data.
• Children's files are secured in a locked cabinet/or a data/password encrypted device
Sharing of Personal Data
The EYFS states that I am required from time to time to share specific information. Below is a table of who I will share this information with and why.
Data |
Shared with |
Why |
FUNDING FORMS |
Local Authority |
As you are obtaining Government funding, you must supply your details including a copy of your child's birth certificate to prove your child is eligible. |
Invoice and Payments |
HMRC – TAX credits |
From time to time childminders are asked to provide information on parents that are in receipt of universal credits/Tax credits. This is to ensure that those receiving the benefits are right to do so. |
Safeguarding Notes/concerns |
LSCB/LA/Ofsted/The Police |
In the event of a safeguarding/child protection concern, we would have to comply with any request for information that may help with an investigation. |
I will keep your data for a set period of time if I am legally obliged to do so (see Retention Policy), all other data will be surrendered to you when your child leaves our setting or will be destroyed as we will no longer have a legitimate interest to keep such data.
I will keep accident records and details of any medications given as well as records of safeguarding and child protection. These documents will be kept until the child reaches the age of 21 and 3 months as stated by the imitations Acts 1980.
Online data – PROCESSING
The data that I collect from your child and family will be stored on my laptop computer/Ipad. I make use of an online system and have ensured that they are compliant with GDOR. I will never use an online system that does not comply with GDPR, and that would put your data at risk.
Website – if parents visit my website we do not collect any specific information. We provide numbers for potential parents to call us. Google analytics collects details on visitor behaviour, but I do not in any way make use of this information. If you click on any external links, please not that you are no longer connected to our website so I cannot be held responsible for any external content.
Email data
You will only receive news, information or invoices from us. I will not undertake any form of direct marketing, and when you leave the setting, I will delete your email address.
Any files or photography that I keep on any online systems including online platforms such as Baby days/Online Learning Journals or on my hard drive or on the cloud will be erased completely when your child leaves the setting. I will ensure that photographs will be deleted from the hard drive, taken off the cloud and deleted from any social media closed groups or one to one parent groups. All data will be PERMANENTLY deleted and will not sit in a recycling bin.
WhatsApp Group
I invite parents to connect with me privately on WhatsApp due to the fact that WhatsApp has encryption enabling meaning what we send to one another is shared only between us. In the one, to one group we can exchange private and sensitive information such as if you are ill or are not bringing your child into the setting. Any photographs shared in the one to one group will be deleted instantly from my device.
My setting has a Facebook platforms. This is a business Facebook where everyone can visit and see the services that I offer. If you have agreed to your child photographic images or video footage to be used in the OPEN Facebook group, you will need to sign the relevant consent form. You can at any time choose to withdraw that consent, and in the event of doing so, I will delete all multi-media material from the facebook site. I will be blocking the facial images of the children so that they cannot be recognized. I will never name any of the children on the facebook site.
Parents and carers are welcome to comment on the page and leave reviews. I welcome this, but please beware that your identity is revealed when using reviews on the facebook page and members of the general public will know if your child is attending our setting unless of course, you are leaving the review after your child has left.
Paper Data
When you and your child leave the setting any paper documents that I have produced as part of the observation and assessments process will be given to you. Learning Journals, daily diaries and any other significant observations sheets will be handed over to you, the parent with parental responsibility.
Any documents that are not needed or wanted by the parents and are not required to be kept for a minimum amount of years will be shredded or burned. Please see the settings Retention Policy for further information.
Paper Data |
Stored |
Contracts including personal details |
Lockable cabinet – securely locked (or online system that is password encrypted |
Child Information Records |
Lockable cabinet – securely locked (or online system that is password encrypted |
Emergency contact details including next of Kin |
Lockable cabinet – securely locked (or online system that is password encrypted |
Consent forms |
Lockable cabinet – securely locked (or online system that is password encrypted |
HMRC/Invoices |
online system that is password encrypted |
LA Funding Forms |
Lockable cabinet – securely locked (or online system that is password encrypted |
Safeguarding and Child Protection |
Lockable cabinet – securely locked (or online system that is password encrypted |
Accident and Emergency Forms |
Lockable cabinet – securely locked (or online system that is password encrypted |
Shared Setting Agreements |
Lockable cabinet – securely locked (or online system that is password encrypted |
Video Footage |
Ipad/Computer/Mobile Phone – password protected and fingerprint password |
Photographs |
Ipad/Computer/Mobile Phone - password protected and fingerprint password |
Children's Artwork |
May be displayed on the walls, but we will not use names just initials of the child |
All of the above information is stored in order to maintain confidentiality and respect your privacy. It also protects against possible data breaches by preventing access to those who do not require access to your data. I am committed to ensuring that your data is fully protected and is not shared with anyone other than the data subject or relevant authority.
Under GDPR and UK Data Protection law you the data subject have strong data protection rights, and this means that you have the right to request access to your data. It also means that you have the right to have your data modified immediately if it is inaccurate.
You can also ask for your data to be erased, though please note this can be done in most cases unless there is a lawful reason for not doing so.
If you would like to make a formal request to access your data please contact me as soon as possible and I will provide you with a Consent Withdrawal form and Data Deletion Form. _________________________________________________________________________________
Making a complaint
In the event that you feel your data has been breached, you can contact the ICO directly. The details are:
https://ico.org.uk/for-organisations/report-a-breach/
https://ico.org.uk/concerns/
You can also contact Ofsted on 0300 123 1231. However, they will refer you to the ICO in order for you to make a formal complaint.