Data Protection Act

The Data Protection Act 1998 covers correct storage and sharing of both manual and electronic information. There are eight principles put in place by the Data Protection Act 1998 to make sure that information is handled properly.

They say that data must be:

1. fairly and lawfully processed;

2. processed for limited purposes;

3. adequate, relevant and not excessive;

4. accurate;

5. not kept for longer than is necessary;

6. processed in line with your rights;

7. secure; and,

8. not transferred to countries without adequate protection.

If, in your work as a childminder, you store personal details about other people on your computer or any digital format (including PDAs and photos on digital cameras), you will need to notify the Information Commissioner's Office (ICO) that you are a "data controller" for data protection purposes. The ICO is the UK's independent public body set up to promote access to official information and protect personal information.

Since 2008, as part of the Early Years Foundation Stage, childminders in England have been expected to keep more detailed records about individual children’s development and it is likely that if you keep these on a computer, you will need to register as a Data Controller with the ICO. If you are in any doubt about whether you will need to register, you can call the ICO on 01625 545 740 for clarification.

NCA have consulted with NCMA who have confirmed with the ICO that childminders’ data protection responsibilities under the Data Protection Act 1998 are as follows:

• If you keep all your childminding records on paper, you do not need to notify the ICO.
• If you keep information about the names, ages and addresses of children and
  their parents, details of payments, or any data for staff administration on a
  computer, purely for accounts and records purposes, you are also exempt
  from notification.
• But if you keep more extensive records, or information of a more sensitive
  nature, for example about children's health, behaviour or development, on a
  computer then you need to contact the ICO to find out if you need to notify.
• Also, if you are going to be taking digital photographs of the children in your
  care, you will be expected to register with the ICO.

The notification costs £35 a year and you can either complete your notification online at www.ico.gov.uk or request the forms by calling the Notification Helpline on 01625 545740.