Staff working at Le Port Surf School should be able to demonstrate an understanding of the information sharing and confidentiality requirements relating to the children they support.
Introduction
We have a responsibility to ensure that personal information pertaining to children in our care is protected, and that only those who have a legal right are given access. Staff should adhere to the rules of GDPR.
All information, whether verbal or in writing, must be managed sensitively, giving paramount consideration to the welfare and safety of children.
The legal requirements are set out below, but the principle is that all information must be kept confidential unless the child has consented to it being shared, or disclosure / sharing is in the public interest.
Legal Duty of Confidence
Personal information held about children is subject to a legal duty of confidence as adults, and should not normally be disclosed without the consent of the child.
The legal framework for confidentiality is contained in General Data Protection Regulation (EU) 2016/679 (GDPR)
Disclosure of Confidential Information in Exceptional Circumstances
Whilst the general principle is that information obtained about children must not be shared without their agreement (or the agreement of their parents or carers, depending on their age and level of understanding), there are exceptions. The public interest in safeguarding children from significant harm overrides the public interest in maintaining confidentiality, e.g. if there is a risk of harm to the child or others, the law permits the disclosure of confidential information necessary to safeguard a child or children.
Disclosure should be justifiable in each case, for example to provide information to professionals from other agencies working with the child. Where possible and appropriate, the agreement of the child / young person concerned should still be obtained, and even in these circumstances, the disclosure should be limited to information necessary to achieve the stated purpose.
Staff should make sure that children understand that that confidentiality may not be maintained if the disclosure of information is necessary in the interests of the child.
