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Registering with ICO


gillpen
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I wonder if anyone can clarify this for me?

We are going to be starting using Tapestry in September so I recently got in touch with the ICO and after explaining what the Tapestry was to be used for, they told me that I did not need to register as the information was used solely for carrying out the requirements of the role (i.e. keyperson of a child and the need to observe and assess). Now I'm wondering if this is correct??

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We have been registered with ICO for several years. We don't use Tapestry. We were told that we should register due to the type of personal data and photographs we hold on children, families and staff.

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I personally would say everyone needs to be registered with ICO now...it is highly unlikely that you don't store ANY details of staff or children on some sort of database (even on tapestry it has the childs details dob/address etc) our lea now insist that we should all be registered. ;)

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Thanks for that information. We won't be holding addresses on computer, just the child's name and DOB but I was surprised when I was told that we didn't need to register.

do you not hold any staff records/wages info or personnel data though ??

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We have been registered with them for 1o years or more now.

I noticed that last year for the first time our LA, like Panders, were insisting

on it.

 

Its so cheap- around £35 per annum that I would just go ahead and do it. At least then you are covered

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I agree that since you send data to and from the Local Authority it is a 'must' and at £35 why wouldn't you? Although remember that paying the money isn't the point - by registering with the ICO you are confirming that you 'look after' data properly i.e to abide by data protection laws. You can read the kinds of things that you are expected to do here.

We do include ICO registration as part of our Tapestry Protocol document

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If you visit the website there is a quick questionnaire to complete which then tells you at the end whether or not you need to register. We too have been told that there is no need even though we obviously keep the same records as everyone else! We do also distribute a 'Privacy Statement' to each parent stating exactly what we do with the data and how we take care of it.

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The online questionnaire can some times tell you its not required but when you call they tell you that you do need to. If you are told its not required get it in writing. I can't see how any childcare setting does not need to be registered. Child records, family information, health information, photographs, funding information, ect

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We don't yet send any funding info online, it is paper records still but I am sure we will be changing over at some point. I have been in touch with the management committee to get them to register asap to be sure we are covered. Thanks for the advice, everyone :1b

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  • 2 weeks later...

Charities are exempt from the fee as long as you state you hold/use the data for the purposes of running the charity - it's in the small print of the ICO. You do still need to register with them though.

might be helpful if you could post the link to that bit...i'm paying too

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I too had assumed that it was a must. Our LA also insisted upon it as a condition of funding this year (for the first time I think).

Interesting that it's a must for you yet our LA have never mentioned it! in fact I had never heard if it until reading this thread - Is it a must in law? We send all personal info/funding etc to LA via a secure site. No data on children kept online except Tapestry but no addresses included.

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urmmmhhh sorry but it quite clearly says we have to pay!!

 

https://ico.org.uk/for-organisations/register/cost/

Ahh, I stand corrected. When our LA stamped their feet over this in october 2011 the info I was sent clearly stated any charities were exempt from charges. I called the ICO and they confirmed it and asked forman email them with our registration number, charity number and the words "we request to be removed from the register as we are a registered charity (number xxxxxxx) and a not for profit organisation (as stated in our constitution)".

 

I've never heard from them again!

 

Will call tomorrow and get clarification.

 

Our LA has never asked for this since 2011.

 

Will let you know what I find out

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That's why I was under the impression we didn't have to register too! We are a non-profit making organisation and seemed to fulfil all the criteria for not having to join. The Management Committee have done it now though so we will stick with it to make sure we cover ourselves as this seems to be a very grey area.

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Very grey area, we signed up and paid, and I added a bit on our forms about data protection etc. Parents liked it that way and the ones who were in local refuges etc saw it as a big positive for the setting.

 

From the wording HN2015 used above it seems like you were asking to be removed from the register, hence no cost as no longer on it. Worth looking into if you feel you should be registered.

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I've just spoken to the ICO and have been told that for the purposes of running a charity/not for profit early years setting as long as the constitution/governing document states you must keep records then you can asked for de-registration on charity exemption grounds.

 

She stayed on the line while I checked the PLA 2011 constitution and it does state in "Aims 2.0" to encourage the study of needs of children which the ICO consider being relevant to keeping records.

 

I guess if your LA are making it a condition of funding then you have to register.

 

Equally, if your LA aren't then you do have grounds for de-registration under charity exemptions.

 

I've attached the ICO charity exemption link

 

https://ico.org.uk/media/1567/exemption-from-registration-for-not-for-profit-organisations.pdf

 

If you want to call and ask for your own setting then the number is on the bottom (it's option 3 once you call through).

 

Another grey area.

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