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Children and families

Early Years and Childcare Providers Privacy Notice

City of York Council (CYC) complies with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018, and is registered with the Information Commissioner’s Office (ICO), reference: Z5809563.

We regularly review this privacy notice, and it was last updated in September 2024.

CYC is committed to ensuring that information is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).

This Privacy Notice explains how and why we process your information, under Part 3 of the Data Protection Act 2018 for law enforcement purposes and the steps we take to keep your information safe.

CYC is the controller for the personal data we process, unless otherwise stated. You can contact the council’s Data Protection Officer at:

West Offices
Station Rise
York
YO1 6GA

Telephone: 01904 554145.

Email: information.governance@york.gov.uk.

You can find more information about the role of the Data Protection Officer in our Data Protection Policy Statement.

This privacy notice should be read in conjunction with other relevant specific privacy notices that are available in our Privacy Notice.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this privacy notice.

How we collect your information

We get information about you from the following sources:

  • completion of the application form for registering to deliver early education places.
  • meetings with you, and your staff
  • consultation with other professionals
  • professional or relevant service reports or CYC databases
  • provider portal
  • via post, email and telephone conversations as appropriate

When you complete a survey or consultation

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What personal data we process and why

We process the following personal and special categories of personal information, such as:

  • name
  • contact details
  • bank details
  • Ofsted registration and inspection details
  • personal data about children and young people
  • disability information 

The information you provide enables us to:

  • make payment of the early education and related funding
  • complete the statutory Early Years Census annual return.
  • support you to deliver quality early education and childcare places in-line with Department for Education (DfE) statutory guidance, Statutory framework for the early year’s foundation stage, Ofsted requirements
  • support us in meeting our statutory duties around ensuring sufficient early education and childcare places across the city.
  • assess our own performance and improve our service.
  • help prioritise in relation to the above and to inform our strategy and commissioning arrangements.
  • invite providers to information sessions/briefings and network meetings which are virtual/face to face to support the improving of quality and the sufficiency of places.

CYC may ask you to take part in surveys, consultation, or other events to get your feedback and opinions on our services. We will only do this where we have your explicit consent to contact you for this purpose. You can withdraw your consent at any time by contacting earlyyearsfunding@york.gov.uk 

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Automated decision-making

We do not carry out any automated decision-making in Early Years.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal data including special category data that we process about individuals is done so in accordance with Article 6 and 9 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).

The legal basis for processing your personal data is in accordance with the following:

  • Article 6(1)(a) – Consent of the data subject
  • Article 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
  • Article 6(1)(c) UK GDPR – processing is necessary for compliance with a legal obligation
  • Article 6(1)(e) UK GDPR - where 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 legal basis for processing your special category data is in accordance with the following:

  • Article 9(2)(a) – Explicit consent of the data subject, unless reliance on consent is prohibited by data protection law
  • Article 9(2)(b) - Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
  • Article 9(2) (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
  • Article 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 data protection law or a contract with a health professional

This is supported by the following legal framework:

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice

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How long we keep your personal data

Your information will only be kept for as long as is necessary.

You can find more details about how long the council keeps records in the Retention Schedules on York Open Data.

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Data sharing

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

  • law enforcement
  • fraud investigations
  • regulation and licensing
  • criminal prosecutions
  • court proceedings
  • delivering our statutory functions under the Children and Families Act 2014
  • where it is necessary for safeguarding children and young people

We may share information about your provision with other relevant professionals who are already involved, or who become involved, to provide co-ordinated support and to improve multi-agency working, this will include accessing Early Education Funding. Below is a list of parties with whom we regularly share information:

  • Educational settings
  • CYC SEND Specialist Services
  • Professionals from Health, Social Care and Early Help teams
  • Community teams including Family Information Service
  • Business Intelligence Unit
  • School Support Services
  • Finance and Creditors Team

We may use the information to create statistics that are anonymous and cannot be linked back to your provision or individuals. We could use these statistics to see how the Education Support Service and the wider Council and its partners are supporting early years providers, to help design better services and to contribute to national surveys and government returns, for example to the DfE.

We are required by law to pass some of your information to the DfE for the purposes set out above. The DfE may share individual level personal data that we supply to them, with third parties. This will only take place where legislation allows them to do so and it is in compliance with the current data protection and privacy legislations.

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

Where we have third parties providing parts or all of our services for us, we have contracts in place with them, such as:

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Transfers of personal data

We don’t routinely transfer personal data outside of the UK but when this is necessary we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

You can also find information about your rights in our Privacy Notice.

If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

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Also see

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