Data Protection Policy

Data Protection Policy

 

  1. Introduction

Chickadee Childcare needs to collect and use certain types of information about the Clients and Nannies/Babysitters who come into contact with Chickadee Childcare in order to carry out their work. This personal information must be collected and dealt with appropriately, whether is collected on paper, stored in a computer database, or recorded on other material. There are safeguards to ensure this under the Data Protection Act 1998.

  1. Data Controller

Chickadee Childcare is the Data Controller under the Act, which means that it determines what purposes personal information held will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.

  1. Disclosure

Chickadee Childcare may share data with other agencies such as the local authority, Disclosure and Barring Service, and Ofsted.

The Clients, and Nannies/Babysitters will be made aware in most circumstances how and with whom their information will be shared.  There are circumstances where the law allows Chickadee Childcare to disclose data (including sensitive data) without the data subject’s consent.

These are:

  1. Carrying out a legal duty or as authorised by the Secretary of State
  2. Protecting vital interests of a Client, Nanny/Babysitter or other person
  3. The Client Nanny or Babysitter has already made the information public
  4. Conducting any legal proceedings, obtaining legal advice or defending any legal rights
  5. Monitoring for equal opportunities purposes – i.e. race, disability or religion
  6. Providing a confidential service where the Client or Nanny/Babysitter’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing a stressed or ill Client, Nanny or Babysitter to provide consent signatures.Chickadee Childcare intends to ensure that personal information is treated lawfully and correctly.Specifically, the Principles require that personal information:
  7. To this end, Chickadee Childcare will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998.
  8. Chickadee Childcare regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those whom Chickadee Childcare deal with.
  1. Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
  2. Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,
  3. Shall be adequate, relevant and not excessive in relation to those purpose(s)
  4. Shall be accurate and, where necessary, kept up to date,
  5. Shall not be kept for longer than is necessary
  6. Shall be processed in accordance with the rights of data subjects under the Act,
  7. Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,
  8. Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of Clients, Candidates and Babysitters in relation to the processing of personal information.
  9. Chickadee Childcare will, through appropriate management and strict application of criteria and controls:
  • Observe fully, conditions regarding the fair collection and use of information
  • Meet its legal obligations to specify the purposes for which information is used
  • Collect and process appropriate information, and only to the extent that it is needed to fulfill its operational needs or to comply with any legal requirements
  • Ensure the quality of information used
  • Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:

The right to be informed that processing is being undertaken,

The right of access to one’s personal information

The right to prevent processing in certain circumstances and

The right to correct, rectify, block or erase information which is regarded as incorrect

  • Take appropriate technical and organisational security measures to safeguard personal information
  • Ensure that personal information is not transferred abroad without suitable safeguards
  • Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
  • Set out clear procedures for responding to requests for information

 

  1. Data collection

Informed consent is when

  • A Client, Nanny or Babysitter clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data
  • And then gives their consent.When collecting data, Chickadee Childcare will ensure that the Client, Nanny or Babysitter;
  • Chickadee Childcare will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.
  1. Clearly understands why the information is needed
  2. Understands what it will be used for and what the consequences are should the Individual decide not to give consent to processing
  3. As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
  4. Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
  5. Has received sufficient information on why their data is needed and how it will be used
  6.  
  1. Data Storage

Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.

Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.

It is Chickadee Childcare’s responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party.

6. Data access and accuracy

All Clients, Nannies and Babysitters have the right to access the information Chickadee Childcare holds about them. Chickadee Childcare will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.

In addition, Chickadee Childcare will ensure that:

It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection

 

Everyone processing personal information understands that they are contractually responsible for following good data protection practice

 

Everyone processing personal information is appropriately trained to do so

 

Everyone processing personal information is appropriately supervised

 

Anybody wanting to make enquiries about handling personal information knows what to do

 

It deals promptly and courteously with any enquiries about handling personal information

 

It describes clearly how it handles personal information

 

It will regularly review and audit the ways it hold, manage and use personal information

 

It regularly assesses and evaluates its methods and performance in relation to handling personal information

 

All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them

This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.

In case of any queries or questions in relation to this policy please contact the Chickadee Childcare Data Protection Officer:

 

 

 

Data Protection Officer: Hannah Webster

 

 

Position: Company Director

 

 

Date: 31.03.2015                  Data Protection Registration Reference: ZA107122