Early Years Privacy Notice

Bradford Council use of personal data in relation to the Early Years Census and the funding of Early Year Entitlements for 2, 3 and 4 year olds.

Bradford Council receives information about children attending early years settings for their Early Years Entitlements to enable funding to be paid.

Bradford Council holds this personal data and uses it to:

• confirm eligibility of children access to funded entitlements, Disability Access Fund and Early Years Pupil Premium.
• calculate the amount of funding to be paid to the provider
• carry out financial audits of early years providers.
• carry out its statutory functions to ensure sufficient provision funded entitlements is available. The statistics are used in such a way that individual children cannot be identified.

Bradford Council handles information in accordance with Data Protection Act 2018 and the UK General Data Protection Regulation.

Access to information is conducted on a strictly need to know basis. Information is held securely and confidentially. Where information is shared this will be done in an appropriate secure manner.

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 CBMDC collects and uses information about you. For more general information about how CBMDC uses your information, please refer to the general Privacy Notice on this website.

What is this information?

Early Years Service collects some or all of the following information from early years funded provider about children and their parents who are accessing early years funded entitlements

Data

Personal information of the child as set out in the Early Years Funding Parent Agreement

• name
• date of birth
• address
• gender
• ethnicity
• number of entitlement hours they are accessing
• details of other provider/s the child attended including start date and end date

Personal information of the parent as set out in the Early Years Funding Parent Agreement

• name
• address
• date of birth
• contact details
• national insurance number
• HMRC 30 hour eligibility code
• Eligibility for Early Years Pupil Premium
• Eligibility for Disability Access Fund

Who uses this information?

Early Years Service officers 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 this personal data to:

• confirm eligibility of children access to funded entitlements, Disability Access Fund and Early Years Pupil Premium
• calculate the amount of funding to be paid to the provider
• carry out financial audits of early years providers
• carry out its statutory functions to ensure sufficient provision funded entitlements is available. The statistics are used in such a way that individual children cannot be identified

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

Under the UK General Data Protection Regulations, CBMDC collects and uses this information under powers given to Local Authorities (councils). 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 are set out in Article 9(2).

9(2)(a) Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law

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

9(2)(d) Processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without consent

9(2)(e) Processing relates to personal data manifestly made public by the data subject

9(2)(f) Processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity

9(2)(g) Processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards

9(2)(h) Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of Union or Member State law or a contract with a health professional

9(2)(i) Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of healthcare and of medicinal products or medical devices

9(2)(j) Processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1)

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 Early Years Service are classified as person identifiable: Name, age, address, telephone contact telephone number, details date of birth, gender, national insurance number, 30 hour eligibility code, 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 use this information to support families and ensure that children and young people can access education and receive the support they require as well as mitigate risks and the effective identification of need.

Who are we likely to share this information with?

We routinely share this information with:

• the Department of Education (DfE)

Why we share this information?

Department for Education (DfE) - We share data with the Department on a statutory basis, Section 99 of the Childcare Act 2006 and The Education (Provision of Information About Young Children) (England) Regulations 2009.

This data sharing helps to develop national policies, manage local authority performance, administer and allocate funding.

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?

Your information is stored securely on database and document management systems with stringent access and use policies. We also undertake quality checks and monitoring to ensure the information we hold is accurate at the time and being used appropriately.

How long do we keep this information?

Your information is retained securely for the date of birth of the child + 25 years.

What are your rights?

You have the right to request CBMDC to stop processing your personal data in relation to any council service. Wherever possible, we will seek to comply with your request but we may need to hold or process information in connection with one or more of the Council's legal functions.

If you have any questions about our use of these data, or you wish to request a copy of the information we hold about you, or you wish to discuss your rights in relation to opting out from these processes, please contact

Early Year Service by email EarlyEducationFund@bradford.gov.uk

Or post

Early Year Service, 2nd Floor, Margaret McMillan Tower, Princes Way, Bradford BD1 1NN

Data Protection Officer by email at dpo@bradford.gov.uk

or by post to Information Governance Team, City of Bradford Metropolitan District Council, City Hall, Centenary Square, Bradford BD1 1HY