What is meant by confidentiality, data protection principles and rights

[kaneez77]

Unit 310 can someone please give me some ideas on the following questions.
1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports
1.2 describe a practitioner’s responsibilities and those of others when recording information and producing reports
1.3 explain the legal requirements and agreed ways of working for the security and confidentiality of information
1.4 explain the secure systems for recording and storing information: a. on paper b. electronically
1.5 explain the actions to take when there are concerns over the recording, storing or sharing of information
1.6 explain how to keep up to date, accurate and coherent records and reports that are legible and meet legal requirements so that they can be understood by those who have a right to see them
1.7 explain how to balance the tension between confidentiality and openness in records and reports

[Ruthierhyme]

1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports

Page 15 of the CYPW handbook on amazon looks at the Data Protection Act 1998 and explains how this law expects information to be:

• Adequate, relevant and not excessive
• processed for limited purposes
• Fairly and lawfully processed
• Accurate
• Not kept longer than necessary
• Secure
• Processed in accordance with the data subject's (persons) rights
• Not transfered to countries tht do not have adequate protection

Principles for data protection on ICO.org.uk

The Freedom of Information Act 2000 ensures individual's have access to data that is held by public organistations. To obtain this information a 'subject access request' needs to be submitted.

Human Rights Act and Article 8 the right to privacy on citizensadvice.org.uk
UNCRC and Article 16 the right to a private life on CYPS.org.uk

Your Early Years framework will also contain guidance about information handling that you setting needs to comply with. If you work in england check page 32 of the EYFS for details regarding information

1.2 describe a practitioner’s responsibilities and those of others when recording information and producing reports

page 180 explains how practitioners are expected to support organisational policies & procedures so that information is recorded, stored and shared lawfully eg

• is it in a confidential place if paper based?
• who can access the information?
• do computer systems storing information have limited access?
• has the identity of the child been protected by not using real names, photographs and so on as appropriate?
• have you considered the requirements of the data protection act 1998?
• have you used the agreed recording system
• have you made notes of all meetings?

1.3 explain the legal requirements and agreed ways of working for the security and confidentiality of information

Using the legal requirements above, consider how this applies to the way things happen in your setting.

1.4 explain the secure systems for recording and storing information: a. on paper b. electronically

Page 16 looks at information that's stored on paper, electronically and shows how confidentiality can be maintained for oral information.

Consider how this relates to your setting and the way it records information and stores it - on paper? or digitally on computers/tablets, where team members talk with parents?

1.5 explain the actions to take when there are concerns over the recording, storing or sharing of information

Who would you talk to in your setting about any concerns you had if for example you say confidential files left in public areas where anyone could pick them up and look at them? Your setting's policies and procedures might state how this should happen/who you talk to.

1.6 explain how to keep up to date, accurate and coherent records and reports that are legible and meet legal requirements so that they can be understood by those who have a right to see them

What system do you use in your setting to record information?
Children's files, reports, incidents?
When are they updated, how does that happen and who is involved with that process?

1.7 explain how to balance the tension between confidentiality and openness in records and reports

Quote from page 181 (page 17 also contains useful reading)

As a practitioner you will certainly have times when you are concerned about the importance of maintaining confidentiality but ensuring safeguarding the children in you care. You can always discuss a dilemma with your line manager but, as a rule always disclose something if you think that a child might be in danger. You will be doing the best for the child if you disclose such information of a sensitive nature even if you feel you are breaking confidence.

Follow your setting's policies and procedures regarding disclosure or abuse. Parents should have seen you setting's child protection policy which will state that information will be disclosed if it is deemed a child is in any danger (what does your setting's policy say?)

When abuse of a young person is suspected

• do not promise to keep a secret
• ensure you accurately record any conversations on an incident recording form
• share the information with the designated person in a confidential area
• ensure that you receive support as situations of this nature can be very upsetting and cause great personal strain
• Remember that the CAF (or other Local Authority needs assessment) is there to help you if you are concerned about a child and need to assess their needs at an early stage

Hope this helps a little xx

[kaneez77]

Thank you soooo much, now I can clearly see how to do this one.

[sarsora85]

Can someone help me plz
I need to explain the effect on the child if confidentiality is broken

[emav123]

Could someone please help me with this question.. feel like i am banging my head against a brick wall. It's my last question and my brain has turned to mush!!

Explain how to support organisational processes and procedures for recording, sharing and storing information, in line with legal requirements?

Thank you

[kaneez77]

Unit 310

1. Understand the legal and organisational requirements for recording, storing and disclosing information and providing reports in an early year setting Assessment criterion.

1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports. & 1.3 explain the legal requirements and agreed ways of working for the security and confidentiality of information.



It is very important that all settings have data protection policies and procedures. All setting should follow what the law says about how personal information should be stored and used. According to The Data Protection Act 1998, personal information about the children cannot be passed to other professionals without the parents' consent. There's only one reason when we can pass information about the child on, is if we have concerns about the child's welfare. In my setting, before we refer a child to another professional, for example, speech and language therapist we would first talk to the parents or careers. We would show the parents all the evidence that we have about our concern, through our observations which we do on the iPad, and then with the parent consent pass the information on to the professional. Under The Data Protection Act 1998, the parents have a right to see their children's records. This also helps us practitioners work in partnership with the parents. In my setting, we have we have two kinds of records on children attending our setting. One is the developmental records, which include observations of children in the setting, photographs and video clips which we do on the iPad. Each member of staff has a different password to access the child's information on the iPad, also another password to unlock the iPad. The iPad is kept in the setting when the setting is closed, locked up in the office upstairs. We also have samples of the children's work and their summary developmental reports, two-year checks, assessments etc. These are usually kept in the playroom locked up in a cupboard and can be freely accessed, by staff only, and shown to the parents at parents' meetings.
The other records are the personal records, these include registration and admission forms, signed consent forms, and correspondence concerning the child or family, an ongoing record of relevant contact with parents, and observations by staff on any confidential matter involving the child, such as developmental concerns or child protection matters and reports or minutes from meetings concerning the child from other agencies. These confidential records are stored in a lockable cabinet and are kept secure by the manager in the office or at the other nursery branch in a safe place. Only the parents of the child can see the files and records of their own children but do not have access to information about any other child. All the staff is not to discuss personal information given by parents with other members of staff, except where it affects planning for the child's needs. We retain children’s records for one year after the child had left the setting. These are kept in a secure place. All staff information is kept confidential and locked in the office upstairs, expect if there is a medical need, for example, Asthma or diabetes. Students, on training, when they are observing in the setting, are advised of our confidentiality policy and are required to respect it. If the child has any needs, for example, dietary needs, halal food only, no milk, nut allergies etc, it would be displayed on the wall where all the staff can see and check when dealing with the children.
According to Human Rights Act, Article 8 - the right to respect for your family and private life, your home and your correspondence is one the rights protected by the Human Rights Act. All the information we hold should be adequate, relevant and not excessive, we should only hold the information we need, for example, we don't need to know where the family likes to go for holidays etc. The information should be processed for limited purposes and should be fairly and lawfully processed. All the information should be accurate, for example, the contact details should be updated regularly, or maybe the child has developed an allergy while growing up that we need to know about for the safety of the child. The setting should not keep the information longer than necessary. In my setting, we would keep it up to a year after the child has left. All in personal information should be kept in a secure place, for example, locked in a cabinet. All personal information should be processed in accordance with the data subject's (persons) rights.
According to EYFS Providers must maintain records and obtain and share information (with parents and carers, other professionals working with the child, the police, social services and Ofsted or the childminder agency with which they are registered, as appropriate) to ensure the safe and efficient management of the setting, and to help ensure the needs of all children are met. Providers must enable a regular two-way flow of information with parents and/or carers, and between providers, if a child is attending more than one setting. If requested, providers should incorporate parents’ and/or carers’ comments into children’s records. In my setting, we always make sure we have the parents signed consent before sharing any information with professionals. We have one child in my setting who is in foster care, in regular meetings with the social worker our manager has to share relevant information with her. Our manager would never discuss with any of the staff about what was said in the meeting, except, if necessary, she would discuss it with the director and assistant manager. according to the Freedom of Information Act 2000 and Data Protection Acts, all parents should know that they can access information about themselves and their children at any time. However, the staff should never, under any circumstances, pass on information regarding children and their families to third parties, unless they have permission, or this is authorised by the senior management team. In my setting, all staff are told when they start work about confidentiality policies and procedures. None of the staff should the children and their families outside the setting.

[kaneez77]

1.2 describe a practitioner’s responsibilities and those of others when recording information and producing reports. & 1.5 explain the actions to take when there are concerns over the recording, storing or sharing of information.

To protect confidentiality, it is very important to have secure systems for recording and storing information at the nursery setting so that children's and staff’s private information is protected from unauthorised viewing. In my setting, we follow The Data Protection Act 1998, it is the right of the children, children's families and staff for their private information to be protected. At the same time, we need to ensure information is accessible for those who need to know it, for example, the staff needs to know who to call in case there is an emergency with the child or maybe a member of staff, or a medical condition. All personal information is locked upstairs in the office in a lockable cupboard, and always stays in the setting. All the children's observations are done on the iPad. All the iPads have passwords and a separate password for each member of staff to log in. In my setting, we would go to the manager and if the manager is not available then the assistant manager. In my setting, if we need to pass Information about children, we would do this with the child's parents/careers permission but if the information is going to pose a risk then I will pass it on to the manager immediately. The manager has to authorise any information that we pass on, for example, observations of a child to the speech therapist. If I have any concerns over the recording, storing or sharing of information I would talk to my manager, assistant manager or colleagues. In my setting, we are really careful that no personal information is lying around the setting, but if we do see anything we must let the manager know right away. We always make sure that we fill out any accident forms right away and also get them signed by parents at the end of the day.



1.4 explain the secure systems for recording and storing information:

a. on paper

All personal records and confidential records on paper are stored in a lockable file or cabinet and are kept secure by the person in charge of the office, who in my setting is our manager. These records may include registration and admission forms, signed consent forms, and correspondence concerning the child or family, reports or minutes from meetings concerning the child from other agencies, an ongoing record of relevant contact with parents, and observations by staff on any confidential matter involving the child, such as developmental concerns or child protection matters. We also retain children’s records for three years after they have left the nursery setting. These are kept in a secure place locked up in a cabinet. All this information is stored in a manner that we can easily get access to it in case of an emergency, for example, emergency contact numbers, child's medical condition or medicine requirements etc.. would be at the top of the file. If we need this information we would go to the manager and ask her to get if for us, if the manager is not available then it would be our assistant manager. No information, whether it be a register or an observation or any information concerning the child or staff is not left lying around the nursery setting.

b. electronically

Shared electronic folders are shared only with nursery staff. In my setting, we use a software called ELog, in which we do the children's observations and assessments (photos and videos etc). Parents have access to the files and records of their own children but do not have access to information about any other child. When any staff leave's the nursery, their access to the shared electronic folders is removed and any paper records are returned to the setting. Other than when sharing with other agencies or professionals, with parental consent, staff never share any information about a nursery child outside of the nursery or save electronic files in any location other than the securely shared folders. All electronic records are kept securely and this will include arrangements such as password protection, automatic log out of screens, logging off computers and changing passwords on a regular basis, especially when staff leave the setting.

1.6 explain how to keep up to date, accurate and coherent records and reports that are legible and meet legal requirements so that they can be understood by those who have a right to see them.

It is important that all records are kept up to date to provide accurate, current, complete and concise information concerning the condition and the care required for all the children. All records that the setting holds, whether written or electronic must be signed and dated. They must also be stored correctly in accordance with that data protection act 1998. It is vital that records are kept up to date, as this will ensure that all the children's needs are being met, for example, if a child has developed allergies, or maybe the child has a new medical condition like asthma. It is very important we update the contact information regularly so that we can contact the parent/career easily if the child has any problems. All parents/carers must be involved and informed about any changes made to their child's personal records and care plan files, this may also include medical or social service records. In my setting, all the information written in files, or on the iPad must be clear and relevant and must never be discussed outside of a working environment, as this would again breach the child's and their families confidentiality. The law also states that if it’s not written down, then it never happened, so this is yet another reason as to why it is so important to keep up to date records. In my setting, all information recorded must legible and written in black ink or on the iPad. When writing we always make sure to write names and addresses using capital letters so that everyone can understand. All the information that is written, for example, an accident form would always be checked by another member of staff as well. My manager is the person in charge, who would decide strictly on a need to know basis, also whether a child’s information would be shared or not. My setting always tries to keep their website updated. Before using pictures of any children on the website we always get consent from the parents. Even in the setting, we have a list on the wall of the children whose parents don't want their children in public pictures. The personal information of children is kept up to 1 year after the child has left the setting.

1.7 explain how to balance the tension between confidentiality and openness in records and reports.

As a practitioner, we will sometimes have times when we are concerned about the importance of maintaining confidentiality but at the same time ensuring safeguarding the children in our care. We can always discuss a dilemma with our manager, assistant manager or whoever is in charge but, as a rule, we should only disclose something if we think that a child might be in danger. We should always make sure we follow our setting's policies and procedures regarding disclosure of abuse.
The United Nations Convention on the Rights of the Child states that “Children have the right to be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse by those looking after them” (Article 19). It also states that “When organisations make decisions which affect children, the best interests of the child must be a primary consideration (Article 3). We always make sure that the parents/careers have seen our setting's child protection policy which state's that information will be disclosed if it is believed a child is in any danger.
In my setting, if abuse of a child is suspected all staff are required to follow the policies and procedures when dealing with the problem. No matter what the child tells us we must never promise to keep a secret. We should always ensure that we accurately record any conversations on an incident recording form. Share any information that we have with the designated person in a confidential area. While dealing with situations like this, ensure that we receive support as situations of this kind can be very upsetting and cause great personal strain. We must always remember that the CAF is there to help us if we are concerned about a child and need to assess their needs at an early stage.

1.8 explain how ICT can support information exchange within and across the setting and external agencies and organisations.


3.4 evaluate how own records and reports provide evidence for the basis of judgments and decisions

It is important to have secure systems for recording and storing information in a nursery setting so that the children and staff’s private information will be protected from unauthorised viewing. We all must comply with the legislation; it is the right of individuals and staff for their private information to be protected. Also, we must ensure information is accessible for those who need to know. To protect confidentiality and to prevent identity theft, it is important that we have secure systems for recording and storing information in the nursery setting. All information about children and staff in my setting is protected from unauthorised persons. I only pass individual information on with their permission but if the information is going to pose a risk then I will pass it on to the manager immediately. Through our induction and other training, guidance, I was given the information and advice about handling information. Also through the company’s policies and procedures, I can assess information and advice about handling information such as keeping children and staff information confidential. By doing the children observations on a regular basis I can record any changes in their health and well-being, their achievements, support required, completed and uncompleted activities, etc. When there are concerns over the recording, storing or sharing of information I ensure I talk to my colleagues or senior member of staff like my line manager and ensure I record it.

[kaneez77]

I hope this helps. this is my work from 3 years ago.

Good luck