View
3
Download
0
Category
Preview:
Citation preview
1
Explain how the processes used by own work setting or
service comply with legislation that covers data protection,
information handling and sharing.
Sharing information between professionals is essential in all areas of safeguarding. It
enables accurate identification, efficient assessment and comprehensive service
provision for children, young people and their families. School settings must have
clear processes for sharing information, including policies about confidentiality and
data protection with both paper based and electronic records.
Confidentiality is about respecting other people’s rights to privacy and the need to
handle personal and private information in ways that are appropriate, safe and meet
legal requirements.
The Data Protection Act, 1998 (DPA) regulates the recording and storage of
personal information to make sure that settings work within the law. The DPA covers
both paper-based and electronic records and is designed to prevent confidential and
personal information from being passed on without an individual’s consent. The DPA
clearly states that information must be:
accurate and secure
adequate, relevant and not excessive
fairly and lawfully processed, for limited purposes and in accordance with an
individual’s rights
not kept longer than necessary
Sharing information is essential.
2
However, The Childcare Act (2006) clearly states that a concern for confidentiality
must never be used as a reason for withholding information if it would be in the
child’s best interest to share it. Concerns about confidentiality of information should
never be allowed to stand in the way of promoting the welfare or protecting the
safety of children.
The Statutory Framework for the Early Years Foundation Stage (2014) requires
settings to hold confidential information securely and ensure that it is only accessible
to those who have a right or professional need to see it. It is helpful to follow the
“Need to Know” protocol of information sharing by asking the following questions:
what is the purpose of sharing this information (e.g. what might be achieved?)
how would outcomes be different/better for the child or their family?
what is the nature and extent of the information to be disclosed?
who will be in receipt of the information and will it be treated confidentially?
3
In the school setting, some of the issues relating to data protection, information handling and sharing might include:
Information handling and
sharing
Verbal information
Recording and
storing information (paper-based and electronic)
Example
Always discuss sensitive issues in a private place; never gossip about children and their families
within or outside of the workplace; never discuss confidential information on the telephone or leave
messages lying around.
Make sure you know how, why and where information should be recorded and securely stored;
ensure that children’s names are not identified on documents that might be shared in public;
electronic information on computers and mobile devices should be password protected; always log
off and shut down computers after accessing electronic records; never leave memory sticks lying
around; follow the DPA and the policy of the setting for storing information (usually no longer than
6 years).
Sharing information
Photographs and
digital imagery
Information should only be shared if it is in the best interests of the child or when a child is at risk of
harm; make sure you are familiar with your setting’s policy for sharing electronic information (e.g. e-
mails, digital portfolios, electronic reporting)
You must have permission take photographs or video of children; make sure you know the
regulations about using photographs of children or young people in your setting
4
In deciding what action to take when there are concerns about data protection,
information handling and sharing, you should always:
act in the best interests of the child or young person
abide by the legal requirements of the DPA or other relevant legislation
never promise confidentiality, but always reassure that information will only
be shared if strictly necessary
follow the policies and procedures in the school setting
consult with a senior colleague, manager or supervisor
You can find out more about the Data Protection Act at:
http://www.legislation.gov.uk/ukpga/1998/29/contents
Recommended