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