Under data protection law, individuals have a right to be informed about how the nursery uses any personal data that we hold about them. We comply with this right by providing “Privacy Notices” (sometimes called “fair processing notices‟) to individuals where we are processing their personal data.
This privacy notice explains how we collect, store and use personal data about children. Blue Bell Woods Nursery (hereon called the “nursery”) is the “data controller‟ for the purposes of data protection law.
Our Data Protection Coordinator is Kat Stapleton.
The personal data we hold
Personal data that we may collect, use, store and share (when appropriate) about children includes, but is not restricted to:
- Contact details, contact preferences, date of birth, identification documents
- Results of internal assessments
- Pupil and curricular records
- Characteristics, such as ethnic background, eligibility for EYPP, or special educational needs and disabilities
- Exclusion information
- Details of any medical conditions, including physical and mental health
- Attendance information
- Safeguarding information
- Details of any support received, including care packages, plans and support providers
- We may also hold data about pupils that we have received from other organisations, including other nurseries, local authorities and the Department for Education.
Why we use this data
We use this data to:
- Support learning
- Monitor and report on progress
- Provide appropriate pastoral care
- Protect welfare
- Assess the quality of our services
- Administer admissions waiting lists
- Carry out research
- Comply with the law regarding data sharing
Our legal basis for using this data
We only collect and use pupils’ personal data when the law allows us to. Most commonly, we process it where:
- We need to comply with a legal obligation
- We need it to perform an official task in the public interest
Less commonly, we may also process pupils‟ personal data in situations where:
- We have obtained consent to use it in a certain way
- We need to protect the individual’s vital interests (or someone else’s interests)
- Where we have obtained consent to use children’s personal data, this consent can be withdrawn at any time. We will make this clear when we ask for consent, and explain how consent can be withdrawn.
Some of the reasons listed above for collecting and using personal data overlap, and there may be several grounds which justify our use of this data.
Collecting this information
While the majority of information we collect about your child is mandatory, there is some information that can be provided voluntarily.
Whenever we seek to collect information from you or your child, we make it clear whether providing it is mandatory or optional. If it is mandatory, we will explain the possible consequences of not complying.
How we store this data
We keep personal information about children while they are attending our nursery. We may also keep it beyond their attendance at our nursery if this is necessary in order to comply with our legal obligations. The Information and Records Management Society’s toolkit for schools sets out how long we keep information about pupils.
We do not share information about children with any third party without consent unless the law and our policies allow us to do so.
Where it is legally required or necessary (and it complies with data protection law) we may share personal information with:
- Our local authority – to meet our legal obligations to share certain information with it, such as Early Years Census data and nursery funding information
- The Department for Education
- The child’s family and representatives
- Suppliers and service providers – to enable them to provide the service we have contracted them for
- Central and local government
- Our auditors
- Survey and research organisations
- Health authorities
- Security organisations
- Health and social welfare organisations- MASH, HV, GP, IDS, SALT
- Professional advisers and consultants
- Police forces, courts, tribunals
- Professional bodies
- Any other setting your child may attend or transition to
We are required to provide information about pupils to the Department for Education as part of statutory data collections such as the nursery census.
Transferring data internationally
Where we transfer personal data to a country or territory outside the European Economic Area, we will do so in accordance with data protection law.
Parents and children’s rights regarding personal data
Individuals have a right to make a ‘subject access request’ to gain access to personal information that the nursery holds about them. Parents / carers can make a request with respect to their child’s data where the child is not considered mature enough to understand their rights over their own data (usually under the age of 13), or where the child has provided consent.
Parents also have the right to make a subject access request with respect to any personal data the nursery holds about them.
If you would like to make a request, please contact our data protection coordinator.
Parents / carers also have a legal right to access to their child’s educational record. To request access, please contact the data protection coordinator.
Under data protection law, individuals have certain rights regarding how their personal data is used and kept safe, including the right to:
- Object to the use of personal data if it would cause, or is causing, damage or distress
- Prevent it being used to send direct marketing
- Object to decisions being taken by automated means (by a computer or machine, rather than by a person)
- In certain circumstances, have inaccurate personal data corrected, deleted or destroyed, or restrict processing
- Claim compensation for damages caused by a breach of the data protection regulations
- To exercise any of these rights, please contact our data protection coordinator.
We take any complaints about our collection and use of personal information very seriously. If you think that our collection or use of personal information is unfair, misleading or inappropriate, or have any other concern about our data processing, please raise this with us in the first instance. To make a complaint, please contact our data protection coordinator. Alternatively, you can make a complaint to the Information Commissioner’s Office:
Report a concern online at https://ico.org.uk/concerns/
Call 0303 123 1113
Or write to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
If you have any questions, concerns or would like more information about anything mentioned in this privacy notice, please contact the Data Protection Coordinator.