Tuesday, January 28, 2020

Implementing the Data Protection Act in Childcare

Implementing the Data Protection Act in Childcare Choose and evaluate four of the 8 Data Protection Act principles, providing examples of how these would be implemented in a child care setting. 5.1 DATA PROTECTION ACT 1998 Anyone who keeps records whether on computer or on paper must apply with this act. It should be clear to service user for what purpose the data are being kept. Information about a child should also be accessible to parents and shared with them. It is not compulsory just do on their demand. Information should not be kept for longer than necessary, though accident and incident records will be need to be kept in case they are needed for references at some time in future. Records must be stored securely. THE 4 DATA PROTECTION ACT PRINCIPALS AND HOW TO IMPLEMENT IT IN A CHILDCARE PROCESSED FAIRLY AND LAWFULLY It is very important that personal data should be processed fairly. In practice you must legitimate grounds for collection and using the personal data. You must not use the data in way that have unjustified adverse effects on the individual concerned. You must be transparent about how to use the data and privacy notices when they collecting their data. You make sure you do not do anything unlawful with the date. OBTAINED FOR SPECIFIED LAWFUL PURPOSES This data is clearly linked with first data protection. If you obtain personal data for an unlawful purpose then you will be in breach of both first and second data protection. For example to implement this data in you setting you must be clear from the outsets about why you are collecting personal data and what you intend to do with it. You must comply what act says about notifying given to the information commissnor. ADEQUATE, RELEVANT AND NOT EXCESSIVE The data protection does not define these words, clearly though they need to be considered. For examples a debt collection agency is engaged to find a particular debt. Its collects information several of people with similar name. During the inquiry some of these people are discounted. Company should delete most of the data, just keep minimum data. If you need to hold particular information about certain individual only you should collect it just for those individual. The information is likely to be excessive and irrelevant in relevant to other people. ACCURATE AND UP TO DATE The law recognise that it may not be practical to double check the accuracy of every item of personal data you receive. So the act make special provision about the accuracy that information that individual provides about themselves. When you go through this data protection you should take reasonably steps to ensure the accuracyof any personal you obtain, make sure that the any personal data is clear and carefully consider whether it is necessary to update the information. Evaluate the need for accurate, legible and up-to-date record keeping, and identify the consequences of non-compliance. 5.2 ACCURATE LEGIBLE AND UP TO RECORD KEEPING INFORMATION WITH NON COMPLIANCES When you start a business as a child care that it is very important to keep accurate and complete records. Your business record should include; You should have keep record banking information You must need a proof of income You need to keep a proof of expenses that how much you spend on their food and stuff You need to be organised, keep your records up to date and then hold on to them for seven tax years. Good records are important for your business because; They can make filling in your tax returns easier and quicker They can make it quicker for your tax agent or accountant to do your book and save your money. They can give you the information you need to manage your business and help it grow, and make it easier to get a loan. Tax record is a legal requirement to running a business. LEGIBILITY Legibility mean all information should be correct, readable and clearly. So following steps could be helpful for legible record keeping; All written information should be neat clean and use in black ink because it is clearer to read and photocopies. It is more important that handwriting should be legible. If it is not readable someone can misunderstanding. If someone changes to documentation such as medication form, parents permission form, it must be signed and dated. White correction fluid should not be use over the mistake, just crossed with a line. UP TO DATE INFORMATION Always make sure in your childcare setting that you have up to date information of their present address, telephone numbers, emergency contract and doctor’s telephone number or any changes of food requirements. As a childcare provider make sure that implement an effective procedure to meet the individually needs of child when administering medicines. For more progress we have to keep written record of child’s need for medication and ask parents to update regularly. Always keep written record of all medicines and inform to parents when medicines has been given including the time, date and dosage. As a professional it is your responsibility to keep children safe in your setting, so you should regularly update and practice with fire evacuation procedures. You suppose to be record dates and time of every fire drill. Explain the different ways of recording digital and paper records in the child care setting. 5.3 BASIC INFORMATION OF RECORD Before child coming in nursery or school basic information must be filled in. Supervisor should be explained to parents that this information will be treated with confidentially and that will be stored safely. The record will be reviewed regularly and kept up to date with parents’ help. Supervisor collects all information from parents. DIFFERENT WAYS OF RECORDING – It is very important to make sure that there is enough reliable methods of backing up the data are employed so that if the computer malfunction or becomes damaged the files can be easly be returned on another system. There are so many ways to keep record by digital and paper record; DIGITAL DATA It is important that Data should be reliably, adequately accurately recorded on computer. Always make sure that all information of recording has been saved which could be about their behavior, development areas or any learning areas. As a childcare provider you should not allow to discuss personal information with other staff member or observation by staff on any confidentially matters, child protection matters, development concerns or any behavior concerns. And also keep up to date information on behavior issues. This type of information supposes to be record on laptop, on hard disk-computer, or Ipad and keep up to date regularly with parents. These digital data should be stored safely secured on the hardware device and a central server. It should be protect by the secret password. Children should not allow using same computer or desktop which have a confidential files. The education facility must also ensure that, as well as sufficient password protection on all devices containing personal information, that the central server repository is also sufficiently secured. Strict IT policies must be in place on devices containing personal information, to ensure that they are adequately protected when the device leaves the confines of the childcare setting. PAPER RECORDING –Data protection policies apply equally as they do to data on ICT or on paper records. Paper records can have less strict safeguards, especially if not kept securely locked. Therefore, It is very important that all files should be locked in a safe environment with limited access to authorized people only and out of the reach of children. Paper files should be clearly written (especially if handwritten), readable and disposed of in the correct manner (a document management process should be in place). When paper files are transferred to another department, they should be recorded so there is traceability of their movements. Identify the primary types of data storage for digital and paper records, and evaluate the best option for a home childcare setting. 5.4 PRIMARY TYPES OF DATA STORAGES There are two type of data; primary and secondary data. Primary type of data means that memory which can be stored for short time.RAM and CACHE are best examples of primary data storages. RAM(random access memory) and cache works together because RAM have no enough place for more storages but it can be fast access rate of random memory. CACHE is part of random access memory. It can be use to speeding up. So that’s why it is high and faster than reading or writing from main memory. Most of the PCU have three type of cache like- instruction cache, data cache and translation look side buffer. PRIMARY DATA STORAGES FOR DIGITAL – It means memory which can be record on computer. CPU is the main part of computer to store information.CPU regularly reads instruction which is keep record there and it produce where it need. Today’s modern random access memory is popular .It is small size but expensive. It is also known as a volatile. There are two more kind of primary data: processor register and processor cache. Processor register holds word of data and more much faster. Processor cache is slower but greater storages capability then processor registers. PRIMARY DATA STORAGES FOR PAPER RECORD -It is very important that you look after your record in your child care setting because it is part of daily routine by the law. The primary data should be recorded for three years As childcarer you ensure that how long to keep it and what should you do when you no need it. You should work with record management and department of file plan. As a childcarer you have to make decision that can access the records because each department of records need confidentially and securely information. As a childcare you should provide guidance to that department who is packing, preparing of record and ensure that records management is handling of all materials properly. Rate the best option Paper record is the best option for the home childcare setting because it is more valuable and secure then digital. When you are going to start your own business as a childcare setting you have to make plan ahead. Ensure that there is enough file rooms. All files should be maintained properly in the office or secure place. when you keep paper record you have to record everything for example: in emergency or any accident happened you have record all details in the accident book and make it for parents to sign, provide a copy for parents. Second thing paper record is more real then digital. Even digital is faster, more easily but still paper record is more secure. Proper records management requires you to know which copy is your ‘‘copy of record’’. Once a copy of record has been established, the other copy can be destroyed safely. So ensure that the information how long to keep it in your record. In this UNIT I did try to explain about data protection act 1998, how to implement it into childcare setting, record keeping information, deferent ways of recording, primary types of data storages and evaluate of paper records. References www.dataprotection.ie www.en.wikipedia.org. www.ehow.com. www.computerhope.vom www.buzzle.com www.dartmouth.com www.ico.org.uk www.irdgovt,cznz

Monday, January 20, 2020

Flannery OConnor’s The Enduring Chill :: OConnor Enduring Chill Essays

Flannery O'Connor’s The Enduring Chill Flannery O'Connor’s story, "The Enduring Chill." focuses on Asbury, a young man who fancies himself as a writer but who is convinced he is going to die young. Right from the very start we have the feeling that, as in the other stories, Christ/God is present through the figure of the sun: The sky was a chill gray and a startling white gold sun, like some strange potentate from the east, was rising beyond the black woods that surrounded Timberboro. (82) As the story proceeds it centres on the relationships between Asbury, his mother and Dr Block who attends Asbury and Asbury's growing conviction that he is shortly going to die, hence the title of the story, "The Enduring Chill." Another major symbol in the development of Asbury's obsession figures through the watermark or the water stain on the ceiling of Asbury's bedroom: When she was gone, he lay for some time staring at the water stains on the gray walls. Descending from the top moulding, long icicle shapes had been etched by leaks and, directly over his bed on the ceiling, another leak had made a fierce bird with spread wings. It had an icicle crosswise in its beak and there were smaller icicles depending from its wings and tail. It had been there since his childhood and had always irritated him and sometimes had frightened him. He had often had the illusion that it was in motion about to descend mysteriously and set the icicle on his head. He closed his eyes and thought: I won't have to look at it for many more days. And presently he went to sleep. (93) Clearly what is being suggested here is the peace of the Holy Ghost. In what is the climatic centre of the story, Asbury has a visit from a Roman Catholic Priest who accuses him of ignorance: "How can the Holy Ghost fill your soul when it's full of trash?" the Priest roared. "The Holy Ghost will not come until you see yourself as you are-a lazy ignorant conceited youth!" he said, pounding his fist on the little bedside table. (107) This is confirmed as the story proceeds because we find out that Asbury isn't really that sick at all: he only has a form of undulant fever and is going to live. At the very end of the story Asbury seems to give up his aspiration to be a great writer as he accepts the presence and power of Christ instead:

Sunday, January 12, 2020

The Difference Between Natural Law and Legal Positivism

THE DIFFERENCE BETWEEN NATURAL LAW AND LEGAL POSITIVISM This essay is going to discuss and analyse the differences between two basic principles- natural law and legal positivism. According to Hume, there are two realms of human enquiry , one in the field of facts which is concerned with what ‘ is ‘ actually the case and the other in the field of ‘ought’ that is, what ought to be the case1.Those who believe in the principle of natural law are known as naturalists while those who believe in the principle of legal positivism or ‘positive law’ are known as positivists. This is a brief overview of the two principles of natural law and legal positivism. Natural Law Natural Law started with the ancient Greeks and suggested that there was a higher power in control of human existence. Natural law deals with the combination of law and morals and is sourced from religion, culture and reason. It is the means by which human beings can rationally guide themsel ves to their good and it is based on the structure of reality itself.All human beings possess a basic knowledge of the principles of natural law. Naturalists believe ‘ an unjust law is not a law’. Doherty said ‘One of the classical theories of natural law is that there are certain principles of human conduct, awaiting discovery by human reason, with which man-made laws must conform if it is to be valid’2 Natural law is what ‘ought’ to be. Some natural law thinkers were Hobbes, Locke, Finnis, Fuller and Aquinas. Aquinas set the pattern of modern natural law thinking. He divided law into four categories-eternal law, divine law, natural law and human law.The first precept of the natural law, according to Aquinas, is the imperative to do good and avoid evil. ‘Aquinas believed that human laws that do not correspond to the natural law are corruptions of law. These are human laws that lack the character of law that binds moral conscience’ 3 The term ‘natural law’is ambiguous in that it refers to a type of moral theory as well as a legal theory. 1 2 Dennis Lloyd The Idea Of Law(1964)p. 80 Michael Doherty Jurispudence:The Philosophy Of Law(Third Edition)(2004)p. 132 3 Ibid p. 151 UP:05/11/2012-03:15:35 WM:05/11/2012-03:15:38 M:IA120-3-FY A:12a1 R:1204531 C:78D1638A2748CDB50B5907EB2217613C84694D9BLegal Positivism Legal positivism has to do with the seperation of laws and morals. ‘Legal positivism is a philosophy of law that emphasizes the conventional nature of law-that it is socially constructed. According to legal positivism, ‘law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law’4 Some positivists were Bentham, Austin, Hart and Kelsen and they all had different theories. Bentham- utility, Austin- commands, Hart- rules, Kelsen- norms. Legal positivism is of the view that morality is irrelevant to the identification of what is valid law.Bentham referred to natural law is ‘nonsense on stilts’. He said the test of good or evil in an act is its utility and that the ‘greatest happiness of the greatest number’ is the social test of what is moral conduct. Austin’s particular theory of law is often called the ‘command theory’ The three basic points of Austin’s theory were- the law is a command issued by the uncommanded commander , the commands are backed by threats and a sovereign is one who is habitually obeyed. Kelsen was of the view that the only law is positive law, that which is the product of the will of the people, there are no natural laws therefore.Positivists believe that law is linked with the sovereignty. ‘According to Bentham and Austin, law is a phenomenon of large societies with a sovereign: a determinate person or group who have supreme and absolute de facto power –they are obeyed by all or most others but do not themselves simi larly obey anyone else’5 Positivists say ‘ought’ is important but should be seperate and one should avoid trying to derive an ought from an is. Natural lawyers believe that law is necessarily connected to morality, whereas legal positivists deny that. This is the major difference between positivist and natural law thinkers.Natural law is the combination of laws and morals while legal positivism is the seperation of laws and morals. Legal positivism declares that morality is irrelevant to the identification of what is valid law and that the criteria for the validity of a legal rule or law in a society is that it has the warrant of the sovereign and will be enforced by the sovereign and its agents. Raz, a positivist, stated that ‘the validity of a law can never depend on its morality’ 6 Positive law or positivism is 4 5 www. iep. utm. edu/legalpos/ [April 17 2001][accessed 4th November 2012] Plato. tandford. edu/entries/legal-positivism/ [2003][accesse d 4th November 2012] 6 Joseph Raz The Authority Of Law: Essays On Law And Morality(1979)p. 47 UP:05/11/2012-03:15:35 WM:05/11/2012-03:15:38 M:IA120-3-FY A:12a1 R:1204531 C:78D1638A2748CDB50B5907EB2217613C84694D9B different from natural law because ‘ it calls for a certain measure of regularity of observance for without this feature, it would hardly be entitled to rank as law at all. A natural law on the other hand may stll be held to be valid even if it is never or scarcely even observed. 7 Legal positivism will only work in a community where it is widely accepted. Hart suggested that the legal system is a ‘closed’ logical system where decisions may be deduced by logic. For natural lawyers- laws will be morally correct. For positivists- the moral aspect is a social standard for people to aspire to. Another major difference between the principle of natural law and the principle of legal positivism is that natural law is not constructed by human beings while legal p ositivism is constructed by humanbeings through the statedraws from lawmakers and the process of lawmaking. There are two aspects, therefore, that emphasise the contrast between positivism in its caricatured form and natural law theores. First,law is exclusively the premise of the legal caste(incluing legilsators) This deprives law of any spurious claims of intrinsic morality and ensures the individual’s right to his own conscience, while reserving the legal system’s right to punish him for transgressing. Secondly, it allows for precise statements about the nature of valid law which approximate to the lawyers’ experience. 8 Natural law is unwritten while legal positivism consists of the written rules and regulations by the government- codes, acts. Another distinction is that natural law is ‘the order of conviviality(literally, the order of living together)’9 – the conditions of conviviality are universal. Legal positivism on the other hand is specific to a particular area. ‘While positivism states that the concept of law is simply what the legal system in a given society recognizes as law, naturalisation considers law to be an ideal, commonly shared by human societies’10Natural law follows a test.If it fails the moral test, then it is not good law. Positivism doesn’t follow that test. Some laws may lack in morals but still be ‘good’ law. Despite the distinctions between natural law and legal positivism, there is a necessary connection between the two principles. Natural law flows into legal 7 8 Dennis Lloyd The Idea of Law(1964)p. 97 Michael Doherty Jurispudence: The Philosophy Of Law(Third Edition)(2003)p. 155 9 http://users. ugent. e/frvandun/Texts [no date][accessed 4th November 2012] 10 Michael Doherty Jurispudence: The Philosophy Of Law(Third Edition)(2003)p. 155 UP:05/11/2012-03:15:35 WM:05/11/2012-03:15:38 M:IA120-3-FY A:12a1 R:1204531 C:78D1638A2748CDB50B5907EB2217613C84694D9B po sitivism indirectly because it is impossible to have a legal system without fidelity to the rule of law and formal justice. ‘The connection between law and critical morality is necessary in that it is not contingent. It applies to every law and every legal system.The proposed interpretation of every law in every legal system can easily be challenged on the ground that it is not morally defensible, whether the challenge succeeds or fails in a particular instance’11Any positive law that conflicts with natural law is not really law at all. As a result of this, there is no moral or legal obligation to obey it. People will not follow a law that they think is morally repulsive. A rule is legally valid if there’s a moral right to enforce it. If people do not have morals or reason, it will be factually hard to have a legal system.Radbruch said ‘a law could not be legally valid until it had passed the tests contained in the formal criteria of legal validity of the s ystem and did not contravene basic principles of morality’12 Natural law and legal positivism are undoubtedly interwined and inter-related. ‘The values of fairness, equity, justice, honesty, humanity, dignity, prudence, abstention from violence and a host of other values that conduce to cooperation and coexistence play a prominent role in the law even when they are not incorporated in any formal source of law. 13 In conclusion,’in order to know what your legal rights are, you need to look at what laws your society has. In order to know what your moral rights are, you need to figure out what is the true morality. ’ 14 Adaeze Aseme. 11 12 Users. ox. ac. uk/~all. s0079/positivism2. pdf [no date][accessed 4th November 2012] Michael Doherty Jurispudence: The Philosophy Of Law(Third Edition)(2003)p. 157 13 Ibid. P. 39 14 Michael Doherty Jurispudence: The Philosophy Of Law(Third Edition)(2004)p. 39 UP:05/11/2012-03:15:35 WM:05/11/2012-03:15:38 M:IA120-3-FY A:12a1 R:1204531 C:78D1638A2748CDB50B5907EB2217613C84694D9BBIBLIOGRAPHY Books Lloyd, Dennis, The Idea Of Law(1967) Raz, Joseph, The Authority Of Law: Essays on Law And Morality(1979) Doherty, Michael, Jurispudence: The Philosophy Of Law(Third Edition)(2003,2004) Internet Sources www. iep. utm. edu/legalpos/ [April 17 2001][accessed 4th November 2012] Plato. standford. edu/entries/legal-positivism/ [2003][accessed 4th November 2012] http://users. ugent. be/frvandun/Texts [no date][accessed 4th November 2012] Users. ox. ac. uk/~all. s0079/positivism2. pdf [no date][accessed 4th November 2012]

Friday, January 3, 2020

The Great Depression - 1368 Words

After WW1 the Great Depression had a very late impact on the major film companies in France, when it did, it unfortunately caused several film studios to go bankrupt, then in the late 1920’s to 1930’s many small film companies and groups emerged giving birth to the tendency called poetic realism. Because the large companies who made films with a focus on making money were gone the filmmakers and artists were able to concern themselves with the art of film, they often took poetic innovations that we can associate with impressionism or surrealism and combined them to create a more realistic style of narrative filmmaking. Therefore these films stylistic techniques have been influenced by the political and economical historical contexts that took place in France that has enhanced these films aesthetic. The growth of political awareness had then reflected in the films of this time, thus the enormous historical impact that effected France’s films and industry. The que stion can be asked, how did these social, political and economic issues of France at the time come thought the arts and cinema and start a very impactful thread of films. Before WW1 and The Great Depression France dominated international film screens, especially in 1929 when the coming of sound really boosted their industry, people were extremely interested in hearing the French dialogue. The French film industry was thriving; they had a very high demand for films, which then meant the demand for theaters wereShow MoreRelatedThe Depression Of The Great Depression1223 Words   |  5 Pagesfar-reaching consequences as the Great Depression. This experience was the most extended and severe depression of the Western world. It was an economic downturn that began in 1929 and lasted until 1939. A large amount of America’s labor force lost their jobs and suffered during this crisis. 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