Data processing schedule
| Description | Details |
|---|
| Subject matter of the processing |
The local authority will make funding payments by using the information included on the Provider Portal. The local authority will undertake funding audits to validate the accuracy of the claims made for the early years' entitlements. The local authority may use any information, statistics, or records, relating to complaints made to the local authority under the local authority's complaints procedure, to assess the performance of the provider and providers compliance with this agreement. |
| Duration of the processing |
For the duration of the term. |
| Nature and purposes of the processing |
The local authority will process information by collection, recording, organisation, consultation, storage, alteration, retrieval, financial, funding audits, statistical, erasure or destruction of data (whether or not by automated means). The purpose the local authority will process the information is for contractual processing/purposes, statutory obligation, financial calculation and payment, communication, and information distribution. |
| Type of personal data |
Names, address, email addresses, telephone numbers, bank details, Ofsted data, HMRC data, insurance details, National Insurance numbers, date of birth. |
| Categories of data subject |
Providers, including schools and private voluntary independent sector (PVI), parents/carers and children. |
| Plan for return and destruction of the data once the processing is complete unless requirement under union or member state law to preserve that type of data |
Financial 6 years plus current year. Destruction of electronic information in line with Derbyshire County Council's retention policy. For paper copies these will be destroyed using the local authority confidential waste process. |
Early years' provider privacy notice - template
Privacy notice for [insert setting]
This notice explains what personal data (information) we hold about you, how we collect it, how we use it and who we may share your information with. We are required to give you this information under data protection and including the UK General Data Protection Regulation and the Data Protection Act 2018.
Who are we?
[Insert setting] collects, processes and is responsible for certain personal information about you in accordance with the above legislation and we are responsible as 'controller' of that personal information for the purposes of those laws.
The personal information we collect and use
Information collected by us
In the course of providing education and care we collect the following personal information when you provide it to us:
- personal information (such as name, date of birth, gender, home address and postcode)
- special category data (such as special educational needs (SEN) information, ethnicity, relevant medical information)
- parents/carers Information (such as name, date of birth, National Insurance or National Asylum Support Service Number)
- financial eligibility information (such as eligibility codes)
- attendance information (such as sessions attended, number of absences and absence reasons)
We also obtain personal information from other sources as follows:
- [please give details of any agencies or local authorities, such as Derbyshire County Council, SEN, health visitors]
How we use your personal information
We use your personal information to:
- check and calculate free entitlement
- provide appropriate pastoral care and support services to children
- provide funding
- provide advice, support and guidance to the setting
- enable financial and policy compliance checks of the setting
- assess and improve the quality of our services
- comply with the law regarding data sharing
- safeguard children
How long your personal data will be kept
We will hold financial information securely and retain it for 7 years (6 years, plus the current financial year), after which the information is securely destroyed.
We will hold SEND records which includes personal information, securely and retain it from the child / young person's date of birth until they reach the age of 25, after which the information is securely destroyed.
Reasons we can collect and use your personal information
We collect and use personal information to comply with our legal obligations under section 537A of the Education Act 1996, section 83 of the Children Act 1989, and to carry out tasks in the public interest. If we need to collect special category (sensitive) personal information, we rely upon reasons of substantial public interest (equality of opportunity or treatment). Under the UK GDPR the lawful bases we rely on for processing this information are:
- Article 6(a) - Consent (for any processing which does not fall into the bases detail within this section)
- Article 6(c) - Compliance and Legal Obligation
(Children Act 1989, the Childcare Act 2006, Children and Families Act 2014 and Education Act 1996.
- Article 6(e) - Public Interest
Our legal basis for processing special category data is:
- Article 9(2g) - Processing is necessary for reasons of substantial public interest
and Data Protection Act 2018, part 2 schedule 1:
- 8 - Equality of Opportunity or Treatment
- 18 - Safeguarding Children and Individuals at Risk
Who we share your personal information with
- Department for Education (DfE) (statutory for early years funding and policy monitoring)
- Derbyshire County Council Finance Team (to provide funding)
- other local authorities, or other early years settings, to resolve duplicate claims and funding queries
- Derbyshire County Council services working to improve outcomes for children and young people
- commissioned providers of local authority services (such as education services)
- local multi-agency forums which provide SEND advice, support and guidance
- schools that you attend after leaving us
- partner organisations signed up to the Derbyshire Partnership Forum Information Sharing Protocol, where necessary, which may include, school nurses, doctors and mental health workers and hospital trusts
- contracted providers of services (such as external photographers and catering providers) where consent has been given
We will share personal information with law enforcement or other authorities if required by applicable law.
The National Pupil Database (NPD)
We are required by law, to provide information about our pupils to the DfE as part of statutory data collections such as the school census and early years' census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Pupils) (England) Regulations.
The NPD is owned and managed by the DfE and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the DfE. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.
The DfE may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:
- conducting research or analysis
- producing statistics
- providing information, advice or guidance
The DfE has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and based on a detailed assessment of:
- who is requesting the data
- the purpose for which it is required
- the level and sensitivity of data requested
- the arrangements in place to store and handle the data
To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.
Your rights
Under the UK GDPR you have rights which you can exercise free of charge which allow you to:
- know what we are doing with your information and why we are doing it
- ask to see what information we hold about you (subject access request)
- ask us to correct any mistakes in the information we hold about you
- object to direct marketing
- make a complaint to the Information Commissioners Office
- withdraw consent (if applicable)
Depending on our reason for using your information you may also be entitled to:
- ask us to delete information we hold about you
- have your information transferred electronically to yourself or to another organisation
- object to decisions being made that significantly affect you
- object to how we are using your information
- stop us using your information in certain ways
We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note: your request may delay or prevent us delivering a service to you.
For further information about your rights, including the circumstances in which they apply, see the guidance from the Information Commissioners Office (ICO) on individuals' rights under the UK General Data Protection Regulation.
If you would like to exercise a right, please contact [insert name and contact details]
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Who to contact and where to go for further information
Please contact [include details of the data protection contact] to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.
For more information about services for young children, please go to Derbyshire County Council's website at derbyshire.gov.uk or visit the website derbyshiresendlocaloffer.org to find the support available for children with special educational needs or disabilities.
The UK General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at ico.org.uk/concerns or telephone: 03031 231113.
For further information on how Derbyshire County Council uses your information visit derbyshire.gov.uk/privacynotices.
For further information about how the Department for Education uses your information: