General Data Protection Regulation (GDPR) Privacy Notice
At Castle Kindergarten we take privacy very seriously and we have updated all our policies to ensure that we are fully meeting the new data protection standards (General Data Protection Regulation (GDPR)).
We are registered with the Information Commissioner’s Office (ICO).
The categories of children’s information that we collect, hold and share include:
• personal information (such as name, address, date of birth)
• characteristics (such as ethnicity, language, nationality, country of birth,
early years pupil premium eligibility)
• attendance information (such as sessions attended, number of absences
and absence reasons)
• observations and assessment information and tracking of progress •
• information on special educational needs and disabilities (including if
accessing Disability Living Allowance and entitlement to the Disability
• referrals to other relevant services
• safeguarding information.
We also collect, hold and share some information on the children’s parents/guardians:
• Personal information (names, address, contact numbers and emails).
• National Insurance numbers.
Why we collect and use this information
We use the children’s and parents’ data to:
• support their learning and development, to enable staff to plan suitable
activities to extend their knowledge and skills
• ensure that all children are safe within our childcare provision • monitor
and report on their progress
• provide appropriate behavioural and emotional support as required
• assess the quality of our services as a childcare provider
• comply with the law regarding data sharing (GDPR)
• meet the requirements of the early years foundation stage (EYFS)
• make claims for funding.
The lawful basis on which we use this information
We collect and use children’s information under the following lawful bases: •
Contract: The processing is necessary for a contract we have with you the parents/carers of the child to provide childcare and the contract that we have with the local authority to provide funded childcare to eligible families.
Legal obligation: The processing is necessary for us to comply with the law. Under clause 3.72 of the statutory EYFS framework, providers must record each child’s name, date of birth, address and emergency contact details of parents. Additionally we must submit your child’s data for the early years census each year.
Consent: This is where you give your clear consent to process your child’s personal data for a specific purpose. Collecting children’s information While the majority of children’s information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the GDPR, we will inform you whether you are required to provide certain children’s information to us or if you have a choice in this.
Storing children’s information
We are required to hold children’s data for a reasonable period of time after children have left the provision (eg until after the next Ofsted inspection) as a requirement under the EYFS. The Limitation Act 1980 recommends that we retain data until the child reaches the age of 21 — or until the child reaches the age of 24 for child protection records. Your data will be held securely and will only be accessed by staff who are authorised to do so.
Who we share children’s information with
We routinely share children’s information with:
• schools that the child attends after leaving our provision
• other local childcare providers where the child is engaging currently (wrap
around or blended childcare)
• our local authority (for funding claims and the early years census)
• the DfE (annual early years census)
• special educational needs co-ordinators
• NHS services (health visitors and speech and language therapists).
Why we share children’s information
We do not share information about our children with anyone without your consent unless the law and our policies allow us to do so. We share children’s data with the DfE on a statutory basis. We are required to submit data to our local authority for them to submit as part of the annual early years census in January and to access childcare funding. Data collection requirements To be granted access to children’s information, we must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements, retention and use of the data.
Requesting access to your personal information
Under data protection legislation, parents and children have the right to request access to information about them that we hold. To make a request for your personal information, or be given access to your child’s early years record, please contact the Kindergarten Manager.
You also have the right to:
• object to processing of personal data that is likely to cause, or is causing,
damage or distress
• prevent processing for the purpose of direct marketing
• in certain circumstances, have inaccurate personal data rectified, erased or
• claim compensation for damages caused by a breach of the Data
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the ICO.
Any data collected is not held for any longer than is legally required.
Photographs are deleted when your child leaves the kindergarten unless permission has been given on the contract or termination form for us to keep them on our webpage or brochure. This permission can be withdrawn by you at any time.
Paperwork and printed photographs will be shredded and digital media will be deleted and the PC trash can emptied of the documents.
Safeguarding and welfare information about your child, including registers, will be held until your child is 21 years and 3 months old for insurance purposes and to comply with the EYFS and Childcare Register.
Any learning and development information that is held to comply with the EYFS will be sent to you or on to your child’s next early years setting or school and then deleted from our assessment system. Making a complaint
A complaint can be made to OFSTED about our service at any time.
Ofsted can be contacted using email at firstname.lastname@example.org by phone 03001231231 or by post to Piccadilly Gate, Store Street, Manchester M1 2WD
Alternatively, you can complain directly to Castle Kindergarten using the contact details below.
If we receive a complaint we are required by the EYFS to record details of the complaint and to retain the information and share it with OFSTED. The details of the complaint must be made available to OFSTED as required by the EYFS.
Complaining to the Information Commissioner’s Office (ICO)
If you are concerned that a data breach has been made you can contact the ICO at https://ico.org.uk/for-organisations/report-a-breach/ If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance.
Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/ Changes to this privacy notice This privacy notice will be reviewed annually and as required.
Please contact the manager of the kindergarten.