Getting to Grips with the GDPR

GDPR in Early Years

You may not think that the GDPR will impact early years setting but it does. It’s important to get to grips with what it all means and what steps your establishment should take to be compliant.

What is GDPR?

The General Data Protection Regulation (GDPR) is a directive by which the European Parliament, the Council of the European Union and the European Commission sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). The GDPR will replace the current Data Protection Act.

The GDPR aims primarily to give control back to individuals over their personal data and covers all companies that deal with the data of EU citizens. The EU definition of “personal data” is “any information relating to an identified or identifiable natural person”. Above all, the GDPR is intended to create a uniformity of rules to enforce across the continent.

On 25th May 2018 the GDPR will be enforced across Europe.

Think that the GDPR will not be enforced after Brexit? Wrong. To clarify, it has been confirmed GDPR will form part of UK law following the country’s withdrawal from the EU. Therefore, companies including nurseries and other childcare establishments are advised to begin making appropriate steps to make their setting GDPR compliant.

How will it impact the Early Years Sector, including your setting?

For your nursery, preschool, school etc. personal data will likely be information on children, parents and your staff. For instance, names, dates of birth, addresses, allergies, medical information, photos, bank details, national insurance numbers and qualifications. All of which are personally identifiable and therefore concerned under the GDPR in early years settings.

Under the GDPR there are certain key areas to consider:

Awareness

Key people within your school or nursery aware of the changes in law to the GDPR. These people may include managers, owner, directors, or governing body. Importantly, they should also understand the impact this will have.

Information

You should hold a record of what personal data you hold, where it came from and who you share it with. Something to bear in mind is who in your setting has access to what. By limiting how many individuals can access information and what information will, consequently, reduce risk.

Consent and Privacy Information

Firstly, you should review how you seek, record and manage consent. Secondly, find out whether you need to make any changes to your current procedures. Review and renew existing consent forms now if they don’t meet the GDPR standard. For children, who are not able to give consent of their own data until they are 16, you should think about your current system for obtaining consent from parents or guardians. Furthermore, this consent should also cover privacy policies or notices to give individuals your identity. It also means they know how you plan to use their information.

Individual Rights

This includes the right to be informed, to access, to rectification, to erasure, to restrict processing, to object, and to not be subject automated decision-making and profiling.

A nursery or school should check the policies and procedures in place to ensure they cover the rights individuals have under the GDPR. This can include how you would delete individuals’ personal data or provide them with their data if requested. LearningBook allows you to download and export data in formats suchs as PDF, CSV etc, so this is something to consider when it comes to GDPR in your early years setting.

Penalties for Non-Compliance

If you don’t comply with GDPR then the Information Commission’s Office (ICO) has the right to fine your company an amount up to £20million or a 4% global turnover. The level of the fine depends on which is greater. The ICO will likely only audit you if there has been a breach.

Find out more:

Safeguarding-aware tablets vs open devices

As you’re probably aware there are guidelines and policies in place to ensure that mobile devices are not used in early years settings. The reason for this is to prevent the intentional or unintentional distribution of children’s data.

It is a safeguarding best-practice for early years settings to restrict mobile devices and cameras due to fears around sharing images; it would be very easy to share an image of a child on a social network, such as Facebook, Twitter, email or other forms of online communications, via a mobile phone or tablet. To avoid this many managers implement policies to restrict the use of open devices in their settings, sometimes mobile phones have to be locked away during the day etc.

You may have heard fairly recently that a nursery that was previously rated as outstanding has been downgraded to inadequate after staff photographed children on their mobiles and sent the pictures to parents. Whilst there was a photo policy in place, signed by parents, meaning they only receive pictures of their own children, the use of open devices in the setting poses a risk to children’s information, data and images.

Furthermore, many settings begin using open devices, such as iPads and mobile phones in the rooms to record observations as part of children’s learning journeys to track their progression. These devices are likely to still have access to applications that allow sharing of images and videos making it easy for staff to do so, and therfore counteracting the nurseries priorties for children’s safety. It also allows the productivity of the staff to drop. With a range of applications available on open devices, staff may become distracted during quiet times or nap times where they access these application. This may be detrimental to the setting and could pose a risk to the children’s education and well-being, as well as staff motivations and role.

What options are available for my setting?

When it comes to online and digital learning journeys, motivating staff and engaging parents make sure you choose a provider that takes safeguarding seriously and is one of the company’s top priorities. LearningBook uses locked-down SmartTablets only, which cannot be used to access Internet browsers, social media, emails or other applications and ensures that no images can be taken outside of the learning journey or uploaded to anywhere outside of your control. All observations can only be uploaded to a secureAdministration Portal for staff and a password protected Parent Portal for parents to view and comment on.

Practitioners and managers enjoy all the benefits technology brings with none of the fears!

Top 3 safeguarding challenges around technology in early years settings

Safeguarding Early Years – Technology

Never before has a generation grown up with such instant access to technology. Only time will tell if this will bring negative side effects. A Guardian article revealed that some leading Silicon Valley entrepreneurs restrict their children’s access to technology. In fact, some 25% of Early Years Practitioners don’t believe technology has a place in their pre-school educational environment.

Increased use of ICT brings concerns around issues. Here we offer some tips on safeguarding early years children when it comes to technology, such as:

1. Lack of practitioner knowledge

Not all practitioners are confident in using ICT, and many lack access to (and information about) which technology is best suited to the EYFS curriculum.

Only 55% of practitioners feel confident sharing a story on a touch screen. According to this report, not all staff are asking questions about the ICT children use outside school; meaning they are missing a big opportunity to learn more about children’s learning preferences and to engage with parents.

With increased training and support these issues can be overcome . IT champions in each setting can help. For small scale childminders in particular, a system for borrowing hardware and software has been recommended.

2. Security

Early years settings struggle to provide the same technology access children enjoy at home due to security issues. When safeguarding early years settings, policy makers don’t have to ban mobile devices. However, many nursery managers choose this policy as sites such as Facebook and Twitter make it so easy to share images of children.

Unlike ‘use your own tablet’ Digital Learning Journey solutions, LearningBook cannot be used for unauthorised distribution. All information is protected from data loss or cybercrime due to strict policies and secure logins.

Of course, it’s also important that children’s access to the internet is supervised. According to this report, many parents understand the importance of locking phones and using technology in a social, shared living space.

3. Health issues

Issues around sedentary, unsociable lifestyles caused by over-reliance on technology are perhaps the main cause for concern among practitioners. Analysis of 1,600 five-year-olds in Western Australia carried out in 2006 discovered a 28% reduction in children’s vigorous activity at weekends. Practitioners must ensure that technology is added to other activities, rather than replacing them, and that it encourages socialising.

What all this means for Digital Learning Journeys…

Of course, at LearningBook, we see the increased opportunity to create Digital Learning Journeys as a key advantage of classroom technology. Videos and pictures have been proven to be much more engaging for parents, much easier for practitioners to create and much easier for nursery managers and headteachers to store (information about each child and their achievements against learning goals is saved digitally, rather than lost or damaged in paper books).

LearningBook overcomes Learning Journey challenges competitors may not have considered:

  • Parents can only access information about their child via secure login;
  • All information is secured against data loss and cybercrime;
  • Other apps cannot be downloaded on LearningBook tablets;
  • Information cannot be shared on social networks, like Facebook.

If you’re looking into Digital Learning Journeys, make sure to ask about these security issues before choosing a system.

Conclusion
In conclusion, many practitioners need greater support in terms of training and managing the risks technology presents. However, the advantages of technology in early years settings cannot be underestimated; when it comes to teaching, engaging parents and improving observations and learning journeys.

Children must be able to enjoy the technology they use in their everyday lives in early years settings, ensuring that all learning styles are catered to. Digital Learning Journey systems, such as LearningBook, are an important step toward that goal.