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Support Point Update 11th July 2017

July 11, 2017

Support Point Question of the Week:

 

I am a sessional early childhood provider – can I have more than 22 children in one room?

Under the Childcare Regulations 2016, subject to paragraph (7), a registered provider of a sessional pre-school service shall ensure that there are no more than 22 children in a room in the service at any time. https://www.dcya.gov.ie/documents/childcare/20170216ChildcareRegs2016.pdf

However if you are a full daycare provider the Tusla 2017 FAQs state:

‘Q260. If a sessional service is being operated within a full day care service can they have more than 22 children in one room?

A: Yes, where sufficient space as required is available and this does not negatively impact on the children’s wellbeing.’

http://www.tusla.ie/uploads/content/V3_Questions_asked_To_Tusla_Early_Years_Inspectorate_1st_March_2017.pdf

 

 

Support Point Topic of the Week:

 

Data Protection and CCTV

  1. I have been asked by a parent to look at a recording of their child from our CCTV – do I have to show it?
  2. Any person whose image is recorded on a CCTV system has a right to seek and be supplied with a copy of their own personal data from the footage ( including that of their child in a preschool). As stated in our previous Support Point https://www.earlychildhoodireland.ie/support-point-update-4th-july-2017/ you should have a Data Protection Policy and a CCTV policy in place, and they should also cover dealing with Data Protection Access requests.

To exercise their right to view their child’s data on CCTV, a person must make an application in writing. The data controller may charge up to €6.35 for responding to such a request and must respond within 40 days.

When making an access request for CCTV footage, the requester should provide the data controller with a reasonable indication of the timeframe of the recording being sought – i.e. they should provide details of the approximate time and the specific date(s) on which their image was recorded. For example, it would not suffice for a requester to make a very general request saying that they want a copy of all CCTV footage held on them. Instead, it is necessary to specify that they are seeking a copy of all CCTV footage in relation to them which was recorded on a specific date between certain hours at a named location. Obviously, if the recording no longer exists on the date on which the data controller receives the access request, it will not be possible to get access to a copy. Requesters should be aware that CCTV footage is usually deleted within one month of being recorded.

For the data controller’s part, the obligation in responding to the access request is to provide a copy of the requester’s personal information. This normally involves providing a copy of the footage in video format. In circumstances where the footage is technically incapable of being copied to another device, or in other exceptional circumstances, it is acceptable to provide stills as an alternative to video footage. Where stills are supplied, it would be necessary to supply a still for every second of the recording in which the requester’s image appears in order to comply with the obligation to supply a copy of all personal data held. 

Where images of parties other than the requesting data subject appear on the CCTV footage the onus lies on the data controller to pixelate or otherwise redact or darken out the images of those other parties before supplying a copy of the footage or stills from the footage to the requestor. Alternatively, the data controller may seek the consent of those other parties whose images appear in the footage to release an unedited copy containing their images to the requester.

Where a data controller chooses to use technology to process personal data, such as a CCTV system to capture and record images of living individuals, they are obliged to shoulder the data protection obligations which the law places on them for such data processing. In the matter of access requests for CCTV footage, data controllers are obliged to comply fully with such requests. Claims by a data controller that they are unable to produce copies of footage or that stills cannot be produced from the footage are unacceptable excuses in the context of dealing with an access request. In short, where a data controller uses a CCTV system to process personal data, it takes on and is obliged to comply with all associated data protection obligations.

 https://www.dataprotection.ie/docs/Data-Protection-CCTV/m/242.htm

*If you are in any doubt about responding to a data access request, please seek legal advice.

 

 

Support Point HR Tip of the Week:

 

When do I have to issue a new employee with their terms and conditions?

The Terms of Employment (Information) Act, 1994, provides that an employer must issue its employees with a written statement of terms and conditions relating to their employment within two months of commencing employment. It also provides that an employer must notify the employee of any changes in the particulars as given in the statement.

The Act applies to any person:

  • working under a contract of employment or apprenticeship;
  • employed through an employment agency; or
  • in the service of the State (including members of the Garda Síochána and the Defence Forces, civil servants and employees of any local authority, health board, harbour authority or vocational education committee.

In the case of agency workers, the party who pays the wages is the employer for the purposes of this Act, and is responsible for providing the written statement.

http://www.workplacerelations.ie/en/What_You_Should_Know/Terms_of_Employment/

For more information on employment contracts see: https://www.earlychildhoodireland.ie/work/operating-childcare-service/human-resources/recruitments/11-steps-recruiting-new-employee/contracts/

 

 

Garda Vetting Query of the Week:

 

When I am filling out my Garda Vetting Form what is the Reference number at the top right hand side of the page?

This Reference number is for ECI Office use only so please leave it blank. This form will soon be updated to reflect this.

The Garda Vetting forms can be accessed here: https://www.earlychildhoodireland.ie/work/operating-childcare-service/garda-vetting/evetting/

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