NEW DATA PROTECTION REGULATION - IMPORTANT NOTICE TO
PARENTS AND CARERS
The new General Data Protection Regulation (GDPR) came into
effect on May 25, 2018. We would like to make our parent aware of
WHY DO WE COLLECT AND USE CHILDREN'S
BLUEBIRDS DAY NURSERY holds the legal right to collect and use
personal data relating to children and their families, and we may
also receive information regarding them from their previous
setting, LA and/or the DfE. We collect and use personal data in
order to meet legal requirements and legitimate interests set out
in the GDPR and UK law, including those in relation to the
- Article 6 - 'the rights of data subjects' under the Data
Protection Act 1998 and Article 9 - 'processing of special
categories of personal data' under the GDPR - from May 2018.
- Education Act 1996
- Regulation 5 of The Education (Information About Individual
Children) (England) Regulations 2013.
We use this data to:
- Support children's learning
- Make assessments on children's development
- Safeguard the children in our care in accordance with relevant
- Comply with Government legislation
- Comply with the law regarding data sharing
- Assess the quality of our service
WHICH DATA IS COLLECTED?
BLUEBIRDS DAY NURSERY collects, hold and share two kinds of
records on children attending our setting.
- Developmental information collected prior to the child starting
at the setting
- A copy of the child's Two Year Old Progress Check
- Observations of children in the setting, photographs, video
clips, samples of work and developmental assessment records.
- A summary of the child's EYFS profile report.
- Personal details - including the information provided on the
child's registration form and any consent forms and characteristics
(Special Categories of data) such as ethnicity, language and
- Contractual matters - including the child's days and times of
attendance, a record of the child's fees and/or funding
entitlement, any records of fee reminders and/or disputes
- Emergency contact details - including those people, other than
parents/guardians with authorisation to collect the child from the
- Children's health and well-being - including discussions about
every day matters regarding the health and well-being of the child
with the parent/guardian, records of accidents and medication
- Safeguarding and child protection concerns - including records
of all welfare and protection concerns and our resulting actions,
meetings and telephone conversations about the child and any
information regarding a Looked After Child.
- Behavioural information - support for behavioural issue
- Early support and SEN - including any focussed intervention
provided by our setting, a record of the child's IEP and, where
relevant, their Statement of Special Education Need.
- Correspondence and reports - including letters and emails to
and from other agencies and any confidential reports relating to
Whilst the majority of information you provide to us is
mandatory, some of it is provided to us on a voluntary basis. In
order to comply with the General Data Protection Regulation, we
will inform you whether you are required to provide certain
information to us or if you have a choice in this.
STORING CHILDREN'S DATA
We ensure that access to children's files is restricted to those
authorised to see them such as the manager, deputy, designated
person for child protection, the child's key person or the setting
SENCo. These confidential records are stored in a locked cupboard
in the manager's office and on encrypted device, for example,
desktop computer, laptop and memory sticks.
Photographs of children taken by the nursery cameras are deleted
after use for the purpose of children's assessment and tracking of
We retain children's records for three years after they have
left the setting, except records that relate to an accident or
child protection matter. These are kept until the child reaches the
age of 21 years or 24 years respectively.
The information that you provide to us, whether mandatory or
voluntary, will be regarded as confidential. We do not share
information about your child with anyone without consent unless the
law and our policies allow us to do so.
We routinely share information without consent with:
- schools or settings that children attend after leaving us
- our local authority for the purposes of FFEE and the Early
- the Department for Education (DfE) as part of statutory data
We are obliged to share confidential information without
authorisation from the person who provided it, or to whom it
- there is evidence that the child is suffering or is at risk of
suffering significant harm.
- There is reasonable cause to believe that a child may be
suffering, or is at risk of suffering, significant harm
- It is to prevent significant harm arising to children, young
people or adults, including the prevention, detection and
prosecution of serious crime.
Please be aware that we use a nursery management software
company called, Instant Nursery Manager, to manage the day-to-day
running of the nursery in a database. For example, daily attendance
register, invoices, birthday reminders and so on. Their software
processes our children's data and they are GDPR complaint too.
Further information regarding information sharing and
confidentiality can be found in our Data Protection Policy. These
can be accessed through our website or at the parent waiting area
in the nursery.
REQUESTING ACCESS TO YOUR PERSONAL DATA
Under data protection legislation, parents/guardians, children
and young people have the right to request access to information
about them that we hold. Where a child is too young to give
'informed consent' the parent is the 'subject' of the file and has
a right to see the information held.
Children's developmental records are shared regularly with
parents/guardians and formal requests to access these is not
To make a request for your personal information, contact Renix
Agbaje, following the procedure detailed in our access to records
You also have the right to:
- be informed about how we use your personal data
- request access to the personal data that our setting holds
about you and your child.
- 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
- object to decisions being taken by automated means
- in certain circumstances, have inaccurate personal data
rectified, blocked, erased or destroyed.
Where the processing of your data is based on your consent, you
have the right to withdraw this consent at any time.
If you would like to discuss anything in this privacy notice,
please contact Renix Agbaje.
If you have a concern about the way we are collecting or using
your personal data, you should raise your concern with us in the
first instance or directly to the Information Commissioner's Office