1

Explain how the processes used by own work setting or

service comply with legislation that covers data protection,

information handling and sharing.

Sharing information between professionals is essential in all areas of safeguarding. It

enables accurate identification, efficient assessment and comprehensive service

provision for children, young people and their families. School settings must have

clear processes for sharing information, including policies about confidentiality and

data protection with both paper based and electronic records.

Confidentiality is about respecting other people’s rights to privacy and the need to

handle personal and private information in ways that are appropriate, safe and meet

legal requirements.

The Data Protection Act, 1998 (DPA) regulates the recording and storage of

personal information to make sure that settings work within the law. The DPA covers

both paper-based and electronic records and is designed to prevent confidential and

personal information from being passed on without an individual’s consent. The DPA

clearly states that information must be:

accurate and secure

adequate, relevant and not excessive

fairly and lawfully processed, for limited purposes and in accordance with an

individual’s rights

not kept longer than necessary

Sharing information is essential.

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However, The Childcare Act (2006) clearly states that a concern for confidentiality

must never be used as a reason for withholding information if it would be in the

child’s best interest to share it. Concerns about confidentiality of information should

never be allowed to stand in the way of promoting the welfare or protecting the

safety of children.

The Statutory Framework for the Early Years Foundation Stage (2014) requires

settings to hold confidential information securely and ensure that it is only accessible

to those who have a right or professional need to see it. It is helpful to follow the

“Need to Know” protocol of information sharing by asking the following questions:

what is the purpose of sharing this information (e.g. what might be achieved?)

how would outcomes be different/better for the child or their family?

what is the nature and extent of the information to be disclosed?

who will be in receipt of the information and will it be treated confidentially?

3

In the school setting, some of the issues relating to data protection, information handling and sharing might include:

Information handling and

sharing

Verbal information

Recording and

storing information (paper-based and electronic)

Example

Always discuss sensitive issues in a private place; never gossip about children and their families

within or outside of the workplace; never discuss confidential information on the telephone or leave

messages lying around.

Make sure you know how, why and where information should be recorded and securely stored;

ensure that children’s names are not identified on documents that might be shared in public;

electronic information on computers and mobile devices should be password protected; always log

off and shut down computers after accessing electronic records; never leave memory sticks lying

around; follow the DPA and the policy of the setting for storing information (usually no longer than

6 years).

Sharing information

Photographs and

digital imagery

Information should only be shared if it is in the best interests of the child or when a child is at risk of

harm; make sure you are familiar with your setting’s policy for sharing electronic information (e.g. e-

mails, digital portfolios, electronic reporting)

You must have permission take photographs or video of children; make sure you know the

regulations about using photographs of children or young people in your setting

4

In deciding what action to take when there are concerns about data protection,

information handling and sharing, you should always:

act in the best interests of the child or young person

abide by the legal requirements of the DPA or other relevant legislation

never promise confidentiality, but always reassure that information will only

be shared if strictly necessary

follow the policies and procedures in the school setting

consult with a senior colleague, manager or supervisor

You can find out more about the Data Protection Act at:

http://www.legislation.gov.uk/ukpga/1998/29/contents