Lioness Posted April 11, 2018 Share Posted April 11, 2018 Hello all, I have a family due to leave very soon and I want to give them access so that they can download their child's file. However, I am conscious that with the new GDPR coming in that there is a risk with this data being shared as online and could potentially be e-mailed, posted on line, photographs posted having been copied etc. Therefore, is there a letter somewhere which I can refer to as a template to remind parents that it is there responsibility once child leaves our setting to ensure the information is kept safe and their responsibility if they do share any of the information contained within that we are not liable. Many thanks. Quote Link to comment Share on other sites More sharing options...
Lauren Posted April 12, 2018 Share Posted April 12, 2018 Hi Lioness, I'm sorry, I'm afraid we don't have a letter like that on the forum. I think you're right to remind them of that, but I wouldn't have thought you'd be expected to keep track of all the journals that you share with parents across the years. You do need to make sure you have consent from the parents of any children that appear in journals other than their own though and that when you ask for that consent the parents know exactly what that means i.e. that other parents will get a copy and although you ask them not to share anything, you can't be responsible for who they show. As much as you can ask people not to share what you give them and most are pretty understanding if you explain why you ask them not to, you can't 100% guarantee that they won't, so I'd recommend not giving them anything you'd be particularly concerned about if it was shared online - if it came down to it, I'm not sure in that situation if just having a bit of paper that the sharer has signed to say you're not liable will be enough to trump GDPR, if by giving them the data you have breached something in the regulation. Maybe you could consider this as part of your DPIA? If the data you're giving them only refers to that family anyway, then I wouldn't be too worried - if they're the ones sharing information about themselves then it's their call. Best wishes, Lauren 1 Quote Link to comment Share on other sites More sharing options...
finleysmaid Posted April 12, 2018 Share Posted April 12, 2018 GDPR is not retrospective so in theory as long it is before the May deadline this one shouldn't be an issue (although getting permissions is good practice) 1 Quote Link to comment Share on other sites More sharing options...
Lauren Posted April 12, 2018 Share Posted April 12, 2018 Hi Finleysmaid, By 'it's not retrospective' do you mean it doesn't apply to data collected before May 25th 2018? If so can I ask where you found that? If you're still processing that data when it does start to apply, then I'm pretty sure you are covered by it, but I totally agree that I don't think you'll be penalised for anything you did in breach of GDPR prior to it being enforced. Best wishes, Lauren Quote Link to comment Share on other sites More sharing options...
Lioness Posted April 12, 2018 Author Share Posted April 12, 2018 Many thanks, Lauren and Finleysmaid for your kindly responses. Much to ponder I think with the new GDPR!:) Have a lovely day! Quote Link to comment Share on other sites More sharing options...
finleysmaid Posted April 12, 2018 Share Posted April 12, 2018 1 hour ago, Lauren said: Hi Finleysmaid, By 'it's not retrospective' do you mean it doesn't apply to data collected before May 25th 2018? If so can I ask where you found that? If you're still processing that data when it does start to apply, then I'm pretty sure you are covered by it, but I totally agree that I don't think you'll be penalised for anything you did in breach of GDPR prior to it being enforced. Best wishes, Lauren the info from childcare .co.uk states it is not retrospective ie it suggests that historic info is not included...if it is still being' used' after the may deadline then that would be current. Apparently this info came from the ICO I think it would be impossible (and expensive!) to trace all your previous clients and to correct their data Quote Link to comment Share on other sites More sharing options...
Lauren Posted April 12, 2018 Share Posted April 12, 2018 Okay yeah, that's what I was thinking too. It would be totally mad for them to expect you to do that! I'm really interested to see whether they do start prosecuting people for not following it 100% straight away. It feels like a lot is open to interpretation! Best wishes, Lauren Quote Link to comment Share on other sites More sharing options...
finleysmaid Posted April 12, 2018 Share Posted April 12, 2018 4 hours ago, Lauren said: Okay yeah, that's what I was thinking too. It would be totally mad for them to expect you to do that! I'm really interested to see whether they do start prosecuting people for not following it 100% straight away. It feels like a lot is open to interpretation! Best wishes, Lauren well Mr Zuckerberg might need to watch out before they start having a go at tiny pre-schools i think! 1 Quote Link to comment Share on other sites More sharing options...
Mouseketeer Posted April 13, 2018 Share Posted April 13, 2018 15 hours ago, finleysmaid said: well Mr Zuckerberg might need to watch out before they start having a go at tiny pre-schools i think! They definitely have more chance of getting their 20 million out of him ! 1 Quote Link to comment Share on other sites More sharing options...
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