Tda_2.8

Adults working with children have a duty to keep up to date with current legislation covering confidentiality and sharing information as it is important to recognise the uniqueness of each child and have respect for their human rights. It is important schools have an established procedure for dealing with confidentiality, which is understood by pupils, staff, parents, carers and visitors rather than develop ad hoc arrangements in response to a crisis. The procedures need to be consistent and protect the interests of both pupils and staff. Having a policy will help to ensure there is a shared understanding of how confidentiality operates in your school community. Information sharing and confidentiality is a key element of Every Child Matters (2003) based on the Children Act 2004 to improve outcomes for children. This guidance complements and supports wider policies to improve information sharing across children's services and sets out how organisations and individuals should work together to safeguard children. Every Child Matters came into being after the tragic case of Victoria Climbie, when there was no communication between health and social workers. In schools parents and carers are asked for a variety of information to ensure that the children are cared for as effectively as when they are cared for at home. This includes such information as Names, contact details and addresses, medical information, dietary needs, family changes and special educational needs. To give out any of this information is a breach of confidentially. It should only be passed on, on a need to know basis. However only information that is directly relevant can be asked for such as health or medical information , records from previous schools or records for children who have special educational needs. This kind of information is classed as confidential and should only be shared with people who have a right to have it, for example, the class teacher or an external agency. This confidential information must only be used for the purpose for which it was gathered. If this information needs to be passed on parental consent will need to be given. All schools must hold and use this information in accordance to the Data Protection Act 1998. This means that data held about pupils must only be used for specific purposes that are allowed by the Act. The rules regarding personal data also apply to employees, whether they are teaching or non-teaching staff. Under the Data Protection Act 1998, any organisation which holds information on individuals needs to be registered with the Information Commissioners Office. Schools are 'data controllers' under the act in that they process 'personal data' in which people can be identified. ● Details of the information that they hold on them. ● The purposes for which they hold the data ● Any third parties to whom the information may be passed. This information should be provided at the time the personal data is obtained and should be comprehensive and transparent. The Data Protection Act 1998 covers the collection, storing, editing, retrieving, disclosure, archiving and destruction of the data and there are eight principles that must be adhered to. The Data Protection Principles state that: ● Data must be fairly and lawfully processed ● Personal data should be obtained only for one or more specified and lawful purpose and should not be further processed in any manner incompatible with that purpose. ● Personal data should be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. ● Personal data should be accurate and, where possible, kept up to date. When personal data becomes out of date, or no longer relevant to the purpose for which it was originally collected, it must be destroyed. ● Personal data should be processed in line with the individual's rights ● All personal data should be kept secure. ● Personal data should not be transferred to any other country unless that country ensures an adequate level of protection for the rights and freedoms of individuals in relation to the processing of personal data. The Data Protection Act 1998 covers data held electronically as well as on paper. Personal information should not be included in the text of emails or attachments that are sent outside the school unless appropriate encryption is applied to protect it. All staff dealing with personal data should be aware of the requirements of the Act and be familiar with how to conform to these in their daily work. Individual employees are personally liable for breaches of the Act if they disregard instructions given on the proper handling of personal data. In my role I am very aware of the importance that no personal information is passed on to third parties and I will always check with my line manager if I'm unsure. If a parent was to give me information about a child I would ensure that this information was recorded correctly and would follow policy procedures on who the information was passed to. I would never pass on information about the school or pupils before being certain that this is the correct thing to do. By passing on information without using the correct channels I would be abusing my position of trust which can be very damaging. I am fully aware that the information given by parents is information concerning their family and is given in trust and by betraying that trust it would damage the working relationship with parents. I am also mindful of the fact that parental permission is required if photographs or filming of the children is to take place. Also parental permission should be obtained before using images of pupils on the school website. The website should take care to protect the identity of pupils. Where a child's image appears the name should not, and vice versa. If a school collects personal data in any form via its website there should be a clear and detailed privacy statement displayed prominently on the site stating how the information will be used. The Data Protection Act gives all school students, regardless of age, the right of access to their school pupils records. Requests to see or receive copies of records should be made in writing to the head teacher. Parents also have their own independent right of access to the official educational records of their children and again requests should be made in writing. The Freedom of Information Act 2000 gives a general right of access to all types of recorded information whether personal or non-personal and sets out exemptions to that right.