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Points of legislation and procedures covering

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Summarise the main points of legislation and procedures covering:
•Data protection
•Disclosure of information

The main points of legislation and procedures covering confidentiality are that only the appropriate people should have access to confidential records except where a pupil is potentially at risk. Information should not be given to other adults or agencies unless previously agreed. Where it has been agreed that confidential information can be shared it should be given in an agreed format. The school’s policies and procedures should always be followed regarding confidentiality and the sharing of information. You should also be aware of any legal requirements with regard to record keeping and accessing information in your school.

Under the Data Protection Act 1998 all settings and processing personal information must comply with the eight enforceable principles of good practice. Personal data must be:
•fairly and lawfully processed
•processed for limited purposes
•adequate, relevant and not excessive
•not kept longer than necessary
•processed in accordance with the data subject’s rights
•not transferred to countries without adequate protection

Disclosure of information: Some parents or carers of individuals you work with may talk to you about their problems or give you details about their family. Another staff member may tell you confidential information to help you understand the needs of a particular person to enable you to provide more effective support. Whether it is a parent or colleague who shares this information you must not disclose the information. However if you think an individual is at risk or in danger you may decide to pass this information on but you should explain that you have to put the needs of the child first. Every family has a right to privacy and you should only pass on information in the genuine interests of the child or to safeguard their welfare. Sharing information should be on a need to know basis.

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