Data Protection Policy
Table of Content
Sharing relevant information promptly with others working with the same child is central to safeguarding the child's interests and to ensuring they receive the best possible care. Staff in the Home should work in partnership with other professionals involved in caring for the child to monitor the child's progress, share information and obtain expert advice as appropriate. When working with children and families, effective sharing of information is essential for the early identification of need, in order to complete robust assessments and to provide services which are tailored to individual need. Be prepared for the fact that individuals have more rights when it comes to accessing the data you hold on them and asking for it to be removed. One of the differences between GDPR and the Data Protection Act is that there are no fees for individuals to pay when making a data request.
Familiarise yourself with the data you currently hold – You need to review what personal data you currently hold, why you have it, and how you obtained it. These new rules as stated above allow you to communicate information that is essential to the provision of your service. The new General Data Protection Regulation is an EU rule which will replace the Data Protection Act of 1998 from 25th May.
GDPR in the Care sector – what you need to know
This framework sets out the principles of data management in regards to the rights of the individual and covers all companies that deal with data of EU citizens. This article discusses the potential implications of GDPR for care homes and care professionals. The principles impose obligations on data controllers to ensure that personal data is collected for “specified, explicit and legitimate purposes”.
Breaches which carry any risk to data subjects must be reported to the Information Commissioner’s Office within 72 hours, together with a summary of the nature of the breach, the steps taken to reduce the risk to data subjects, and measures to prevent the breach from happening again. Residential care homes should have a data protection policy dealing with, among other things, email usage, disposal of documents, physical security, home working, archiving and retention. Everyone working in the Home has a responsibility to ensure that personal information collected on children is stored securely, and that when it is shared with other agencies this is done appropriately and in accordance with the law.
The Children’s Code
Organisations that fail to comply with GDPR risk fines of up to €20 million or 4% of annual turnover, whichever is greater, for the most serious breaches. Any fines or investigations from the Independent Commissioners Office are dependent on the severity of the breach, and it’s up to you to keep people’s information safe. Data processor - those who processes data on behalf of a data controller.
Personal data must be adequate, relevant and limited to what is necessary - care providers should only have access torelevanthealth and medical records. Personal data shall be collected for specified, explicit and legitimate purposes - if you wish to use personal data for another purpose you will need additional consent/grounds for processing. The technical storage or access that is used exclusively for anonymous statistical purposes.
GDPR for Care Homes | GDPR Health and Social Care
This data protection policy is designed to ensure that the rights to privacy of individuals are protected. Personal Care Consultants is committed to the principles set out in the General Data Protection Regulation and has reviewed its personal data processing activities so as to carry on its business on a professional basis in compliance with the provisions of the Regulation. Formal policies and procedures should be implemented to address the sharing of personal data with other organisations.
It is important to always choose the lawful basis that most closely reflects the true nature of your relationship with the individual and the purpose of the processing. Lawful Bases for Sharing Information - The UK GDPR provides practitioners with a number of lawful bases for sharing information. It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child, providing there is another lawful basis for the sharing.
McClarrons’ checklist for agricultural vehicle and machinery safety this autumn – supported by MeritAgCheck
Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Note that in health and social care and support agencies there are specific recommended time frames for keeping and disposing of different types of information about individuals and this is set out clearly by each organisation’s agreed policies and procedures. There are also specific time frames with regards to employment records in relation to staff. At Walker Morris, we combine expertise in data protection law with experience of advising clients in the health care sector. We can review your existing practices, procedures and policies and recommend how these can be updated to reflect best practice and to avoid enforcement action by the ICO. We can update or prepare data protection policies that are tailored to your business.
Contract - for GDPR a contract is one of the 6 lawful bases for processing personal data. This means that you can rely on this basis if you need to process someone’s data in order to fulfil a contractual obligation. Legitimate interest will not apply if personal data is used for any other purpose, for example where the interests of the organisation override the interests, rights or freedoms of the individual / data subject. There must be appropriate security in place in respect of the personal data - security measures are needed to prevent unauthorised processing or destruction and all staff must know the steps to protect the data.
On 25th May, the rules around how organisations keep and use data is changing. At McClarrons, we’ve pulled together an overview of GDPR in the Care sector, and how you can stay GDPR compliant. Personal data - data or information is personal when it can be used to identify a living individual. Legitimate interest - means the data subject would reasonably expect you to process their data in the manner in which it is being processed. Security breaches can occur when we use paper records, send information using fax machines and even verbally. Or the can occur with digital information which is potentially more severe, with information poteyntially distributed to a wider audience with ease.
Special category data - Under the UK GDPR, special category data relates to information about individuals which is particularly sensitive and so needs greater protection before it is shared. This includes for example, information about a person’s race and ethnic origin, their health and sexual orientation. Due to the breadth of organisations across the care provider sector, you will need to assess the materials on this site, and external sites, for suitability to your organisation. For further advice on the use of CCTV in care homes, contact our care home solicitors or our data protection lawyers. Under the GDPR, the processing of such data will only be lawful if the data subject has given explicit consent to the processing of that data for one or more specified purposes or one of the other exemptions in Article 9 applies. A new accountability principle specifically requires those processing data to take responsibility for complying with the principles and to have appropriate processes and records in place to demonstrate compliance.
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