GDPR – General Data Protection Regulation – applies as of the 25 May 2018 across the EU, to information concerning any citizen of the EU. It replaces the EU Data protection directive 1995 and is designed to be ‘technology neutral’. This means it applies to both paper and electronic records, and any other futuristic ways we have of storing data. GDPR does NOT apply in Switzerland and data privacy remains the responsibility of employers, as in Switzerland nannies are not independent contracters! However, both The Swiss Nanny Association ( SNA) and the British Association of Professional Nannies ( BAPN) believe it is better to be safe and hold personal information securely, particularly when it concerns people as vulnerable as children.
SNA will follow the BAPN to implement the following as industry standards:
The information remains the property and responsibility of your employer. They should set out what data you hold, why you have it and what you may do with it in your contract.
You may have certain separate permission letters or forms relating to medical acts or transport, for example. These are not yours to keep, they are related to your employment. When you leave a position you no longer need them and they can be destroyed. Any permission forms should simply reinforce what is in your contract.
You probably take photographs of your charges for your employers. You may ask permission to use these as observations for externally assessed work. The course provider should have their own policy on how the data is handled, but you should also be careful to anonymise your charges in written work.
Your insurance company may require you to keep copies of any accident records in case a claim is made in the future. These forms must be stored securely either on paper e.g. in a locked filing cabinet or electronically as scans in a password protected file.
Suggested contract clauses Under duties:
Administer medication and first aid as required
Take the children to pre-arranged appointments with healthcare professionals
Undertake regular observations and if necessary record development
The consent form for medication, first aid and consulting a medical professional is then an extension of this clause. This means you don’t need to take your contract with you to visit the doctor.
The Employee is permitted to take photos of the children for their own personal records and for the Employers’ use. The Employee must have the permission of the Employer if they at any time need to show photos of the children for training etc. The Employee is prohibited from distributing images of the children without the Employer’s specific prior consent including via social media networks.
The Employee agrees to delete all contact numbers, images and personal information acquired during the course of their employment relating to the Employer’s family or any friends or relatives stored on mobile or electronic devices and to hand over paper records unless explicit, written consent is given at the end of the employment period.
What data do you hold? It is is a good idea to construct a data register. This may include:
• Children’s and parents’ names • Children’s dates of birth • Parents’ contact details • Parents’ employment/professional details • Contact details for other family members • Physical and mental health information • Contact details for other care providers (school, nursery, GP, dentist...) • Contact details for friends of the children • Photographs and video recordings of children, and possibly their friends • Learning journals, records of development and observations • Consent forms • Accident records
Why do you have it? Is it necessary for you to hold it or could it be held by your employers and accessed by you? You should only be holding information which is necessary for you to do your job. Some of this information may not need to be held by you (i.e. stored on your phone or computer).
How long do you have to hold it for? Most of this information is only needed as long as you are employed by the family. At the end of your employment you can suggest to your employer that they sign the following release: I [ employers name] hereby authorise [ employee name] to retain for his/her personal use: • My address • My telephone number • My email address • The dates of my children’s birthdays • Photographs of my children taken by him/her during his/her employment I also agree to provide a written reference with my contact details for use in future employment services which may be distributed to introduction or employment agencies and future employers.
Your employer should also be informing you what data they hold about you!