General Data Protection Regulation Policy 

 

Statement

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 and that individuals’ data is not processed without their knowledge and are only processed with their ‘explicit’ consent. GDPR covers personal data relating to individuals.

SRC Community Nursery is committed to protecting the rights and freedoms 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.

SRC Community Nursery is a registered charity NO: and a Company Limited by Guarantee NO: Registered with Ofsted registration NO: 107458 Certificates are on display on the parent’s information boards and includes GDPR  7 rights for individuals

 

1) SRC Community 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 Southwark 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, and addresses and where appropriate company name. This is in respect of our Health and Safety and Safeguarding Policies.  As an employer SRC Community 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 file transfer system to Capita for the processing of DBS checks.

 

2) The right of access

SRC Community Nursery is a company limited by guarantee registered in England & Wales. Registration No: Registered Office: 1 Gaza Street Kennington London SE17 3RJ

SRC Community Nursery Telephone 0207 582 7282 at any point an individual can make a request relating to their data and SRC Community Nursery will need to provide a response (within 1 month). SRC Community Nursery can refuse a request, if we have a lawful obligation to retain data, but we will inform the individual of the reasons for the rejection. The individual will have the right to complain to the Management Committee if they are not happy with the decision. 

3) The right to erasure

You have the right to request the deletion of your data where there is no compelling reason for its continued use. However, SRC have a legal duty to keep children’s and parents details for a reasonable time*, SRC Community Nursery retain these records for 3 years after leaving the 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 25years) 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.

4) The right to restrict processing

Parents, visitors and staff can object to SRC Community 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. 

5) The right to data portability

SRC Community requires data to be transferred from one IT system to another, such as from SRC Community Nursery to the Local Authority and Ofsted MASH and LADO. These recipients use secure file transfer systems and have their own policies and procedures in place in relation to GDPR.

6) The right to object 

Parents, visitors and staff can object to their data being used for certain activities like marketing or research. 

7) The right not to be subject to automated decision-making including profiling.

SRC Community Nursery does not use personal data for such purposes.

 

Storage and use of personal information

All paper copies of children's ad staff records are kept in the office, in a locked filing cabinet. Members of staff can have access to these files, but information taken from the files about individual children is confidential and apart from archiving, these records always remain on site. These records 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.

SRC Community 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 on an external hard drive and in paper format; this information is kept in a locked filing cabinet. These records are shredded after the relevant retention period.

Upon a child leaving SRC Community 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 registered post service or via a secure file transfer system. In some circumstances the parent/carer will be given the data to deliver to the receiving school. 

SRC Community Nursery stores personal data held visually in photographs or video clips or as sound recordings, unless a parent/carer objects via the entry profile form. No names are stored with images in photo albums, displays.

Access to all Office computers are 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 filing cabinet. 

GDPR means that SRC Community 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

Policy review date:

*please see attached Preschool Learning Alliance Retention periods for records.