Getting the Balance Right Between GDPR and Safeguarding

2025-10-31 11:13

GDPR and safeguarding can feel like they're pulling in opposite directions. GDPR says, "Protect personal data and limit access." Safeguarding says, "Share information to protect children." So how do you balance the two?

The good news: GDPR and safeguarding are not in conflict. When you understand the rules, you'll see that GDPR actually supports good safeguarding practice. This week, we're focusing on reviewing your GDPR compliance for safeguarding data—including access permissions, retention policies, and data subject rights.

Let's break it down.

Why GDPR Matters for Safeguarding

Safeguarding data is some of the most sensitive information you'll handle. It includes:

Details of abuse, neglect, or harm
Personal information about children and families
Staff records, including DBS checks and allegations
Communication with social services, police, and other agencies

Under GDPR, this data is classified as special category data—which means it requires extra protection. But GDPR also recognises that safeguarding is a legal obligation, and it provides clear rules for how to handle this data lawfully.

The key principles:

Lawfulness, fairness, and transparency: You must have a legal basis for processing safeguarding data (usually "legal obligation" or "vital interests")
Purpose limitation: Use safeguarding data only for safeguarding purposes
Data minimisation: Collect only the information you need
Accuracy: Keep records up-to-date and correct
Storage limitation: Don't keep data longer than necessary
Integrity and confidentiality: Keep data secure and confidential

Step 1: Review Access Permissions

Who can access your safeguarding records?

One of the most common GDPR mistakes is giving too many people access to sensitive data. GDPR requires that access is limited to those who need to know to fulfil their role.

One feature of our platform is that you can control your admin team's access more easily and limit who they can see verses shared files on your generic document storage system.

Questions to ask:

Who currently has access to safeguarding records?
Do they all need access to do their job?
Are access permissions reviewed regularly?
Is access logged and monitored?

Best practice:

Limit access to the Designated Safeguarding Lead (DSL), deputies, and senior leaders
Use role-based access controls (e.g., central admin vs. team admin vs. staff)
Log who accesses what and when (audit trails),
Review permissions annually or when staff roles change

Example: A teaching assistant doesn't need access to all safeguarding case files—only information relevant to the children they support.

Our system has role profiles built in for a central admin lead such as a DSL, team admins who can manage groups of people such as locations or departments and then the staff passport profiles themselves. All of which is automatically logs who has access to what making it easier to ensure people only have access to what they're supposed to.

Step 2: Review Retention Policies

How long should you keep safeguarding records?

GDPR says you shouldn't keep personal data longer than necessary—but safeguarding records often need to be kept for many years (or even indefinitely in some cases).

Retention guidelines:

Safeguarding case records: Until the child reaches 25 (or longer if serious allegations)
Staff records (DBS, references, etc.): 6 months to 7 years, depending on the document
Allegations against staff: Indefinitely if substantiated; follow local authority guidance if unsubstantiated
Incident logs: Follow your organisation's retention policy (typically 3-7 years)

Questions to ask:

Do you have a documented retention policy?
Are retention periods based on legal requirements?
Do you review and delete records when retention periods expire?
Are expired records disposed of securely (shredding, secure deletion)?

Best practice:

Create a retention schedule that specifies how long to keep each type of record
Set calendar reminders to review and delete expired records
Use secure disposal methods (shredding for paper, secure deletion for digital)

Our system enables admins to delete whole records, profiles or individual documents as appropriate.

Step 3: Understand Data Subject Rights

Under GDPR, individuals (including children and parents) have rights over their personal data:

1. Right to be informed - You must tell people how you use their data (via privacy notices)

2. Right of access (Subject Access Requests - SARs) - Individuals can request a copy of their data. You must respond within one month.

3. Right to rectification - If data is inaccurate, individuals can ask you to correct it.

4. Right to erasure ("right to be forgotten") - Individuals can ask you to delete their data—but this right is limited when you have a legal obligation to keep records (e.g., safeguarding).

5. Right to restrict processing - Individuals can ask you to limit how you use their data.

6. Right to object - Individuals can object to certain types of processing (but not safeguarding, which is a legal obligation).

Questions to ask:

Do you have a process for handling Subject Access Requests?
Do your privacy notices explain how you use safeguarding data?
Do you know when you can (and can't) delete safeguarding records?

Best practice:

Create clear privacy notices for parents, staff, and children (age-appropriate language)
Train staff on how to handle SARs
Understand the exemptions: you don't have to disclose information that would harm a child or prejudice an investigation

Step 4: Review Data Sharing Practices

Safeguarding often requires sharing information with external agencies (social services, police, schools, etc.). GDPR allows this—but you must do it lawfully and securely.

Questions to ask:

Do you have data-sharing agreements with external agencies?
Do you share information securely (encrypted email, secure platforms)?
Do you document what information you shared, with whom, and why?
Do you only share information on a need-to-know basis?

Best practice:

Use secure methods to share information (encrypted email, secure file transfer)
Document all information-sharing decisions
Share only the minimum information necessary
Ensure external agencies also comply with GDPR

Our platform lets you easily share individual profiles and your wider company policy documents securely and compliantly.

Step 5: Conduct a GDPR Audit

Use this checklist to review your GDPR compliance:

Access Permissions:

Access limited to those who need to know	☐
Role-based access controls in place	☐
Access permissions reviewed regularly	☐
Audit trails track who accesses what	☐

Retention Policies:

Documented retention schedule in place	☐
Retention periods based on legal requirements	☐
Expired records reviewed and deleted	☐
Secure disposal procedures for expired records	☐

Data Subject Rights:

Process for handling Subject Access Requests	☐
Privacy notices clear and accessible	☐
Staff trained on data subject rights	☐

Data Sharing:

Data-sharing agreements with external agencies	☐
Information shared securely	☐
Information-sharing decisions documented	☐
Minimum necessary information shared	☐

Common GDPR Mistakes (and How to Fix Them)

Mistake: Too many people have access to safeguarding records

Fix: Review permissions and limit access to those who need to know

Mistake: No retention policy—records kept indefinitely "just in case"

Fix: Create a retention schedule based on legal requirements

Mistake: Sharing information insecurely (unencrypted email, USB sticks)

Fix: Use encrypted email or secure platforms like Safeguard-Me

Mistake: No privacy notices or unclear language

Fix: Create clear, accessible privacy notices for parents, staff, and children

Mistake: Not logging information-sharing decisions

Fix: Document what you shared, with whom, why, and when

Bringing It All Together

GDPR doesn't stop you from safeguarding children—it helps you do it responsibly. By reviewing access permissions, retention policies, and data-sharing practices, you'll ensure that your safeguarding data is secure, compliant, and used appropriately.

Take Action This Week

✅ Review who has access to safeguarding records and tighten permissions
✅ Create or update your retention schedule
✅ Check that privacy notices are clear and accessible
✅ Review data-sharing practices and ensure information is shared securely
✅ Train staff on GDPR and data subject rights

Need Help?

Safeguard-Me makes GDPR compliance effortless. Our platform provides:

Role-based access controls so only authorised staff can view sensitive data
Encrypted, secure storage that meets GDPR requirements
Audit trails to track who accessed what and when
Retention tracking to help you manage data lifecycles

Start your free passport today and see how digital safeguarding can simplify GDPR compliance.

Next week, we'll explore updating digital systems to ensure secure access to safeguarding records and reports. Stay tuned!