Data Protection and Confidentiality Policy

EYFS: 3.69, 3.70

At Big Yellow Door Nursery we recognise that we hold sensitive/confidential information about children and their families and the staff we employ. This information is used to meet children’s needs, for registers, invoices, emergency contacts. We store all records in a locked cabinet or on the office computer with files that are password protected in line with data protection principals. Any information shared with the staff is on a ‘need to know’ basis and treated in the strictest of confidence. This policy will work alongside the Privacy Notice to ensure compliance under General Data Protection Regulation (Regulation (EU)2016/679 (GDPR) and Data Protection Act 2018.

Legal requirements
We follow the legal requirements set out in the Statutory Framework for the Early Years Foundation Stage (EYFS) March 2017 and accompanying regulations about the information we must hold about     registered children and their families and the staff working at the nursery. We follow the requirements of the General Data Protection Regulation (Regulation (EU) 2016/679 (GDPR), Data Protection Act 2018 and the Freedom of Information Act 2000 with regard to the storage of data and access to it.

Procedure
It is our intention to respect the privacy of children and their families and we will do so by:  Storing confidential records in a locked filing cabinet or on the office computer with files that are password protected Ensuring staff, student and volunteer inductions include an awareness of the importance of confidentiality and that information about the child and family is not shared outside of the nursery other than with the relevant professionals who need to know that information. It is not shared with friends and family, discussions on the bus or at the local bar. If staff breach any confidentiality provisions, this may result in disciplinary     action, and in serious cases, dismissal. Students on placement in the nursery are advised of our confidentiality policy and required to respect it. Ensuring that all staff, volunteers and students are aware that this information about children and families is confidential and only for use within the nursery and to support the child’s best interests with parental permission. Ensuring that parents have access to files and records of their own children but not to those of any other child, other than where relevant professionals such as police or local authority children’s social care team decide this     not in the child’s best interest. Ensuring all staff are aware that this information is confidential and only for use within the nursery setting. If any of this information is requested for whatever reason, the parent’s permission will always be sought other than in the safeguarding circumstances above. Ensuring staff do not discuss personal information given by parents with other members of staff, except where it affects planning for the child’s needs. Ensuring that all staff, volunteers and students are aware of and follow our social networking policy in relation to confidentiality. Ensuring     issues concerning the employment of staff remains confidential to the people directly involved with making personnel decisions. Ensuring any concerns/evidence relating to a child’s personnel safety are kept in a secure, confidential file and are shared with as few people as possible on a ‘need to know’ basis. If, however, a child is considered at risk, our Child Protection policy will override confidentiality. All the undertakings above are subject to the paramount commitment of the nursery, which is to the safety and well-being of the child.

GeneralData Protection Regulation (Regulation (EU) 2016/679 (GDPR) compliance
In order to meet our requirements under GDPR we will also undertake the following: We will ensure our terms & conditions, privacy and consent notices are easily accessed/made available in accurate and easy to understand language 2. We will use your data to ensure the safe, operational and regulatory requirements of running our Nursery. We will only contact you in relation to the safe, operational and regulatory requirements of running our Nursery. We will not share or use your data for other purposes.Further detail can be found in our GDPR policy.3. Everyone in our nursery understands that people have the right to access their records or have their records amended or deleted (subject to other laws and regulations).4. We will ensure staff have due regard to the relevant data protection principles, which allow them to share (and withhold) personal information, as provided for in the Data Protection Ac 2018 and the GDPR. This includes:· Being confident of the processing conditions which allow them to store and share information for safeguarding purposes, including information which is sensitive and personal, and should be treated as ‘special category personal data.’· Understanding that ‘safeguarding of children and individuals at risk’ is a processing condition that allows practitioners to share special category personal data. This includes allowing practitioners to share information without consent where there is good reason to do so, and that the sharing of information will enhance the safeguarding of a child in a timely manner but it is not possible to gain consent, it cannot be reasonably expected that a practitioner gains consent, or if to gain consent would place a child at risk.

Staff and volunteer information
All information and records relating to staff will be kept confidentially in a locked cabinet Individual staff may request to see their own personal file at any time  The data protection certificate is displayed in the nursery office.

‍Signed on behalf of Big Yellow Door Nursery Kelly Ruston Manager Date September 2020 Review Date September 2021