Privacy Notice

We record, process and keep personal information about you and your child in accordance with Article 6 of the General Data Protection Regulation (GDPR, most recent edition): ‘the rights ofthe data subjects’.

It is a requirement of our registration with the Information Commissioners Office (ICO) to provide you with informationabout the details we keep about you and your child.

This requirement applies to information we collect in relation to:
· Online data processing
· Paper data processing
· Electronic data processing (Tapestry)

We hold 2 different types of records about you and your child:
Development records including:
· Information from you
· Details about your child’s learning and development at home
· A copy of your child’s statutory 2 year progress check
· Observations of your child’s learning
· Assessments, Individual planning and regular progress summaries.

Personal records including:
· Personal details required bythe statutory frameworks and / or the Local Authority for funding purposes
· Contractual details including attendance registers and fees information
· Emergency details including your contact details and records of your child’s health and care needs
· Safeguarding and child protection records
· Any records required to support your child such as shared information from other agencies and professionals.

What information we need about you and your child
We hold information about you and your child to allow us to comply with the Early Years Foundation Stage (EYFS, most recent
edition) and the Childcare Register (most recent edition). Some of the data we process relates to the Early Years Inspection Handbook (most recent edition). Most of the information we hold about you and your child is statutory; when information is optional, we will let you know that you have a choice whether to share it with us or not.

What we do with your data and with whom it is shared
We are required to ensure the information we collect about you and your child is treated confidentially and only shared when there
is a need for it to be shared, ideally with your permission in advance
Of sharing, for example –
· We share information with other settings or agencies involved in your child’s care – We are required to do this in line with the Department of Education's Statutory framework for the  EYFS ( see our permission form)
· We are required to share a copy of your child’s 2 year progress check with your health visitor 
· We are required to share information with the Local Authority for the purpose of the 2,3 and 4 year old funding offer and any extra funding we might claim for your child (see theLocal Authority Privacy Notice for more details)
· We share information about income and expenses including, when requested, your invoices and payments with HMRC and Tax Credits.

Ensuring your data is accurate

Under GDPR we are required to keep data about you and your child up to date and to ensure it is accurate: We will do this regularly.
You have the right to access personal data about you and your child and we will share this information with you on request.

How long we keep your data
We are required to inform you how long we retain information about you and your child. You will find this information in the Retention of Documents policy which can be located in the policy file kept in the entrance.

Paper deletion
Files held in paper format, including photos of children, are either handed to parents when the child leaves or goes to school or shredded when no longer required (please see retention policy).

Electronic equipment – Computers are used for business purposes. We have a setting mobile phone which is used for safety purposes when the staff and children are not on the property. When your child leaves the setting your number will be removed from this phone. Tablets are used to access Tapestry to record and document children's learning and deveopment and share news and information with parents and carers.  When your child leaves the setting, you will be sent a link to download your child's Tapestry file and then you and your child will be remove from Tapestry.

Paper data processing
Paper documents relating to you and your child are stored in a locked cupboard. Attendance registers are kept in each base room and shredded in accordance with the retention policy.

Paper data includes:
· Your child’s learning and development information
· Attendance registers
· Documents for HMRC including invoices
· Parent contracts
· Permission forms
· Safeguarding forms relation to your child’s health and safety
· Emergency contact details

Local Authority funding forms
Parents who are eligible to claim 15 or 30 hours government funded childcare are required to complete a Local Authority
‘Free Early Education Entitlement Parent Declaration’ form. This form includes identifiers such as parent names and National Insurance numbers and the child’s personal details and characteristics such as ethnic group.

Photographs
Why are we taking photos of children?
· Photos taken to record children’s learning will be uploaded to their Tapestry Learning Journals.
· Photos taken maybe added to display boards.
· Photos may be shared with parents
· With your prior consent photos taken may be displayed on the nursery social media page or the nursery website

What is your legal basis for taking photos?
ICO advice is that there are likely to be 2 main legal bases (required by GDPR) for taking photos of children these are
‘legitimate interest’ and ‘consent’, for example –
· Photos taken to record learning and development – the legal basis is probably ‘legitimate interest’ because you are prepared to argue that the processing of these photos is necessary for you to do your job effectively and to show evidence of your activities to Ofsted.
· Photos to display – the legal basis are ‘consent’ because these photos are not required or necessary for you to do your job.
· Photos shared with parents – The legal basis might be ‘legitimate interest’ because the EYFS requires us to shareinformation with parents to support children’s home learning. However if you put photos of children online you must first have parents consent and parents must be told exactly what you are doing with the photos and why. Parents can refuse and if you are asked to delete them, ICO state that you must take measures to do this.
· Group photos – the legal basis is ‘consent’ because you do not need to take these photos to do your job and they are not needed for any legal purpose.

How you can make a complaint

We are required to inform you about how you can make a complaint relating to a data breach or if you think we are not processing your data appropriately.

Complaining to Ofsted – Ofsted can be contacted in the following ways: 
· e mail – enquiries@ofsted.gov.uk
· Phone – 0300 123 1231
· Address – Piccadilly Gate,
Store Street, Manchester, M1 2W

Complaining to ICO – If you are concerned about a data breach, you can contact the Information Commissioners Office – https://ico.org.uk/for-organisations/report-a-brea...