CONFIDENTIALITY AND INFORMATION SHARING
The Data Protection Act 2018 and UK GDPR do not prevent the sharing of information for the purpose of keeping children and learners safe. Any worries or fears about sharing information must not be allowed to hinder the need to safeguarding, protect and promote the welfare of children and learners. Colleagues should reassure the child or learner that they have done the right thing reporting and will be taken seriously. Never promise a child or learner that they will not inform anyone about what they have shared, as this may not be in their best interest and wherever possible, a child or learner should be kept informed of decisions and actions. Further details on information sharing and transferring child protection files can be found: In Chapter one of Working Together to Safeguard Children, which includes a myth-busting guide to information sharing. At Information Sharing: Information Sharing Advice for Safeguarding Practitioners Providing Safeguarding Services to Children, Young People, Parents and Carers. The seven golden rules for sharing information will be especially useful. At The Information Commissioners Office (ICO) which includes information about your obligations and how to comply, including protecting personal information. In Data Protection in Schools Toolkit 2023 updated 2024 to support schools with data protection activity, including compliance with the UK GDPR. Safeguarding and Child Protection It is best practice to seek consent to share information, if possible, as long as it does not increase the risk of harm to the child or learner. In most instances, parents/guardians/cares and the child or learner, depending on their age, should be informed that you are referring to the safeguarding team at SCL and/or a referral to Social Care or Police, unless this puts them further at-risk danger, or where it is suspected the parent/guarding/carer may be directly harming the child or learner, or may put you or other colleagues or Learners in danger. If in doubt speak to the safeguarding team at SCL in the first instance or consult with Social Care. Safeguarding and Vulnerable Adult Protection In instances of vulnerable adult protection, the principles in relation to children also apply to vulnerable adults. The Care Act 2014 governs the information sharing arrangements for those over 18 years of age. Where an adult who can give consent to information being passed on to a statutory safeguarding authority refuses to do so, we will consider whether their ‘vital interests’ are at stake under the terms of the Data Protection Act/GDPR and carry out a risk assessment.
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