GDPR stands for General Data Protection Regulation and replaces the previous Data Protection Directives that were in place. It was approved by the EU Parliament in 2016 and comes into effect on 25th May 2018.
GDPR states that personal data should be ‘processed fairly & lawfully’ and ‘collected for specified, explicit and legitimate purposes’. Individuals data must not be processed without their knowledge, and only processed with their ‘explicit’ consent. GDPR covers personal data relating to individuals. Nishkam Nursery is committed to protecting the rights and freedom of individuals with respect to the processing of children’s, parents, visitors and staff personal data.
The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly.
Nishkam Nursery is registered with the ICO (Information Commissioners Office) under registration reference: ZA130226 and has been registered since 22nd July 2015. Certificates are on display on the parent’s information boards in both Nishkam Nursery 1 and 2.
GDPR includes 7 rights for individuals
Nishkam Nursery is a registered Childcare provider with Ofsted and as so, is required to collect and manage certain data. We need to know parent’s names, addresses, telephone numbers, email addresses, date of birth and National Insurance numbers. We need to know children’s’ full names, addresses, date of birth and Birth Certificate number. For parents claiming the free nursery entitlement we are requested to provide this data to Birmingham City Council; this information is sent to the Local Authority via a secure electronic file transfer system.
We are required to collect certain details of visitors to our nursery. We need to know visits names, telephone numbers, addresses and where appropriate company name. This is in respect of our Health and Safety and Safeguarding Procedures.
As an employer, Nishkam Nursery is required to hold data on its employees;
names, addresses, email addresses, telephone numbers, date of birth, National Insurance
numbers, photographic ID such as passport and driver’s license, bank details. This information is also required for Disclosure and Barring Service checks (DBS) and proof of eligibility to work in the UK. This information is sent via a secure system to Capita for the processing of DBS checks.
At any point an individual can make a request relating to their data and Nishkam Nursery will need to provide a response (within 1 month). Nishkam Nursery can refuse a request, if we have a lawful obligation to retain data i.e. from Ofsted in relation to the EYFS or Children’s Services in relation to a safeguarding concern, but we will inform the individual of the reasons for the rejection. The individual will have the right to complain to the ICO if they are not happy with the decision.
You have the right to request the deletion of your data where there is no compelling reason for its continued use. However, Nishkam Nursery has a legal duty to keep children’s and parents details for a reasonable time (see chart below), Nishkam Nursery retain these records for 3 years after leaving nursery, children’s accident and injury records for 19 years (or until the child reaches 21 years), and 22 years (or until the child reaches 24 years) for Child Protection records. Staff records must be kept for 6 years after the member of leaves employment, before they can be erased. This data is archived securely and shredded after the legal retention period.
Parents, visitors and staff can object to Nishkam Nursery processing their data. This means that records can be stored but must not be used in any way, for example reports or for communications.
Nishkam Nursery requires data to be transferred from one IT system to another; such as from Nishkam Nursery to the Local Authority, to shared settings and to Blossom Online Learning Journal. These recipients use secure file transfer systems and have their own policies and procedures in place in relation to GDPR.
Parents, visitors and staff can object to their data being used for certain activities like marketing or research.
Automated decisions and profiling are used for marketing-based organisations. Nishkam Nursery does not use personal data for such purposes.
Storage and use of personal information
All paper copies of children’s and staff records are kept in a locked office and a locked filing cabinet in Nishkam Nursery. Members of staff can have access to these files, but information taken from the files about individual children is confidential. These records remain on site at all times and are shredded after the retention period.
Information about individual children is used in certain documents, such as, a weekly register, medication forms, referrals to external agencies and disclosure forms. These documents include data such as children’s names, date of birth and sometimes address. These records are shredded after the relevant retention period.
Nishkam Nursery collects a large amount of personal data every year including; names and addresses of those on the waiting list. These records are shredded if the child does not attend or added to the child’s file and stored appropriately.
Information regarding families’ involvement with other agencies is stored both electronically and in paper format. This information is kept in a locked office in Nishkam Nursery. These records are shredded after the relevant retention period.
Upon a child leaving Nishkam Nursery and moving on to school or moving settings, data held on the child may be shared with the receiving school. Such information will be sent via a secure file transfer system or where appropriate, the parent/carer will be given the data to deliver to the receiving school.
Nishkam Nursery stores personal data held visually in photographs or video clips or as sound recordings, unless written consent has been obtained via the consent on the application form. No names are stored with images in photo albums, displays, or on the Nishkam Nursery’s website.
Access to all computers and Blossom Online Learning Journal is password protected. When a member of staff leaves the company, these passwords are changed in line with this policy and our Safeguarding policy. Any portable data storage used to store personal data, e.g. USB memory stick, are password protected and/or stored in a locked cabinet.
GDPR means that Nishkam Nursery must;
* Manage and process personal data properly
* Protect the individual’s rights to privacy
* Provide an individual with access to all personal information held on them
Updated April 2019