Co-ordinator insists on registering with ICO

[Starfish007]

Hi, I have started using an app called 2Simple (tracks children's progress throughout day with photographic and written evidence), my co-ordinator is insisting on me registering with the ICO, although I delete all contents after each day. I know this isnt a requirement, is she in her rights to insist I do this? x

[Mouse]

I would say you have to register.

If you take any photos digitally you have to register, whether or not they are permanently stored on your computer.

[hectors house]

I think you need to register - I was told it isn't how the photos are stored that makes the difference - it is the piece of equipment used to take it and anything other than an old fashioned camera with a film that you take to be developed is classed as digital which the man at the ICO said meant I had to register.

Although surely it is up to your DO to advise you - she can't enforce it!

[sarah707]

You are legally required to register because you are handling data on electronic equipment - regardless of whether you are deleting it at the end of the day, within 2 minutes or keeping it for months.

All childminders should be registered unless they use non digital cameras and never use a computer for the children's data.

It is covered by the Data Protection Act info in the EYFS and some Ofsted inspectors are now asking for evidence of registration.

Hth :D

[bunyip]

Your DO cannot make you register. However, a CM has a legal responsibility to register if they are doing anything which makes them a "data controller" under the Data Protection Act.

The ICO website has a "Do I need to notify" tool which can help. The first question is:-
"Are you processing personal data? Processing means obtaining, recording or holding the data or carrying out any operation or set of operations on the data. It includes organising, adapting and amending the data, retrieval, consultation and use of the data, disclosing and erasure or destruction of the data. It is difficult to envisage any activity involving data which does not amount to processing."

In short, as soon as you press the button on a digital camera, you are obtaining and recording data, even if you delete it the next second. Given that very many of us also process client data on our pc/laptop and put their names and numbers into our mobile phones, it's likely that nearly all CMs need to notify (ie. register with ICO.) I heard somewhere that businesses may need to register even if they only process data on paper, but I've never looked into this as I already know I need to register.

Failure to notify could potentially bring serious consequences. It is a criminal offence with a maximum fine of £5k in a magistrates court or an unlimited fine in a Crown court. It would incur a criminal conviction. I assume this would have to be reported to the police and Ofsted, which might result in the CM no longer being considered a "suitable person" for registration. As an aside, it would also be in breach of EYFS statutory framework. Section 3.68 states: "Providers must be aware of their responsibilities under the Data Protection Act (DPA) 1998 and where relevant the Freedom of Information Act 2000."

I'd say that, where a DO identifies that a CM should be ICO-registered, that put the DO under a professional obligation to insist. AFAIK, DO's are expected to report any concerns about CMs where they fail to comply with legal requirements or regulatory standards. IIRC there was a recent thread about a DO "shopping" a CM to Ofsted over some matter.

Hope this helps. :)

[Starfish007]

Thanks for quick and detailed replies, I will do it tonight, especially as she is coming tomorrow! x