Early Education and Childcare Provider Information Privacy Notice

Department or Service Area: Children’s Services Education and Learning, Intelligence and Sufficiency Service Early Education and Childcare Providers.

City of Bradford Metropolitan District Council (CBMDC) is registered with the Information Commissioner's Office (ICO) under the provisions of the Data Protection Act 2018. The Council takes its responsibilities under the Act very seriously. This notice provides details of how Education and Learning, Intelligence and Sufficiency Service collects and uses information about you. For more general information about how CBMDC uses your information, please refer to the general Privacy Notice on the Bradford Council website.

What is the information we collect?

CBMDC receives information about early education and childcare providers from the following sources:

• Ofsted share details of all providers on the registered with Ofsted on the Early Years, Compulsory Childcare and Voluntary Childcare registers with CBMDC.
• Childminding Agencies share details of childminders and childcare on domestic premises providers who are registered with them and located in Bradford.
• Early education and childcare providers, independent schools, nursery schools, primary schools, secondary schools and special schools located in Bradford provide information about the early education and childcare services they provide for children and families

The information we collect will be the minimum we need to deliver our service and will include the following personal data:

• Providers name
• Business name
• Address of business
• Address of the service
• Telephone numbers
• Email address
• Opening times
• Fees and charges
• Age range of children
• Number of early education and childcare places
• Ofsted inspection grade/Childminding Agency grade/Independent School Inspectorate grade

Who uses this information?

CBMDC Intelligence and Sufficiency Service use this information. It may also be used by other council and government departments where it is legal to do so. See the section on ‘Who are we likely to share this information with?’

We use information to:

Discharge the statutory duties to:

• Secure sufficient childcare, so far as is reasonably practicable, for working parents, or parents who are studying or training for employment, for children aged 0-14 (or up to 18 for disabled children).
• Maintain a service that provides information for parents and prospective parents on the provision of childcare in their area as listed in Schedule 1 to the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 200716) and from 1 September 2017, to publish this information electronically on the local authority website and update it at a minimum termly on 1 January, 1 April and 1 September.
• Secure information, advice and training for early education and childcare providers.

What authority does CBMDC have to collect and use this information?

Under the UK GDPR, CBMDC collects and uses this information under powers given to Local Authorities (council’s). The following categories of lawfulness apply:

6(1)(a) Consent of the data subject

6(1)(b) Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract

6(1)(c) Processing is necessary for compliance with a legal obligation

6(1)(d) Processing is necessary to protect the vital interests of a data subject or another person

6(1)(e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

The UK GDPR refers to sensitive personal data as special categories of data and the conditions for special categories of data in relation to our service are set out in Article 9(2).

9(2)(b) Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement

9(2)(c) Processing is necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent

In the rare circumstance that we don’t have a legal authority to use your information, we will obtain your consent first.

What is 'person identifiable data'?

The term ‘person identifiable data’ relates to any data that could potentially identify a specific individual. The following fields in the early education and childcare provider information that are classified as person identifiable: Name, address, telephone contact, telephone number, any information about an individual that can be used directly, or in connection with other data, to identify, contact or locate that person.

Why do we use this information?

• We will share information with members of the public seeking early education and childcare services via the online Bradford Childcare Finder and the telephone helpline
• We may sometimes share the information that we have collected about you where it is necessary, lawful and fair to do so.
• We may share information with the following for these purposes: The Department of Education (DfE) and other council departments working with children and families

Who are we likely to share this information with?

We may sometimes share the information that we have collected about you where it is necessary, lawful and fair to do so. We may share information with the following for these purposes:

• the Department of Education (DfE)
• other council departments working with children and families

Why we share this information?

We share data on a statutory basis, Childcare Act 2006

• Section 6, which places a duty on English local authorities to secure sufficient childcare for working parents.
• Section 7 (as substituted by section 1 of the Education Act 2011), which places a duty on English local authorities to secure early years provision free of charge. Regulations made under s7 set out the type and amount of free provision and the children who benefit from free provision.
• Section 12, which places a duty on English local authorities to provide information, advice and assistance to parents and prospective parents. Section 12 is amended by section 5 of the Childcare Act 2016 to enable the Secretary of State to make regulations placing a duty on English local authorities to publish certain information at prescribed intervals.
• Section 13, which places a duty on English local authorities to provide information, advice and training to childcare providers

We do not share information with anyone without consent unless the law and our policies allow us to do so.

How do we keep this information secure?

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security incidents and we will notify you and the appropriate regulator of any incident where we are legally required to do so.

How long do we keep this information?

Your information is retained securely for the date of registration + 25 years. At its expiry date the information will be reviewed, and only retained where there is an on-going requirement to retain for a statutory or legal purpose. Following this your personal information will be securely destroyed.

Rights for individuals under UK GDPR

• Find out about the rights for individuals under UK GDPR

What are your rights?

Please contact the Corporate Information Governance Team at dpo@bradford.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

You can contact our Data Protection Officer at dpo@bradford.gov.uk  or write to: Data Protection Officer, City Hall, Centenary Square, Bradford, BD1 1HY.

The UK GDPR also gives you the right to lodge a complaint with the Information Commissioner's Office who are the supervisory authority responsible to regulate and monitor the legislative obligations within the UK and can be contacted on 03031 231113.