1.2 SUMMARISE THE MAIN POINTS OF LEGAL REQUIRMENTS AND CODES OF PRACTICE FOR HANDLING INFORMATION IN HEALTH AND SOCIAL CARE. The summary of the main points of legal requirements and codes of practice for handling information in health and social care are as follows: * Ensures service users rights are recognise * Personal data must be accurate and kept up to date * Data not kept for longer than necessary * Data kept secure at all times * Information fairly and lawfully processed * Data not to be transferred to countries outside the EU without adequate
In outcome 21 it explains how records should be kept securely and can be located promptly when required. It expresses that important accurate record keeping is a must. The general Social care council (GSCC) codes of practice Also explains how to maintain clear and accurate records as required by procedures established for your work. It also explains about respecting confidential information and clearly explaining agency policies about confidentiality to service users and carers. As well as the
According Data Protection Act 1998, service users are entitled to know whether any information about them is being held by a care organisation. If it is, they have the right to apply to see and be given access to a copy of the information. The service provider should be registered in accordance with the Act, and there should be one person identified as a ‘controller’ of data who is responsible for processing information. Personal data muse be: • Obtained and processed fairly and lawfully • Held only for one or more lawful purposes specified in the data user’s register entry • Used or disclosed only in accordance with the data user’s register entry • Adequate, relevant and not excessive for those purposes. Some staff may take more or irrelevant information from service user for the reason of
Those who have access to this data must follow strict rules called “data protection principles” and must make sure information is:- • Used fairly and lawfully • Used for limited, specifically stated purpose • Used in a way that is adequate, relevant and not excessive • Accurate • Kept for no longer than absolutely necessary • Handled accordingly to people’s data protection rights. The Freedom of Information Act 2000 creates a “right to access information” held by public authorities and corporations. The main principle is that people have a right to know about the activity of public authorities, unless there is a good reason for them not to. Public authorities include government departments, local authorities, the NHS, state schools and the Police Force. The code of practice within the Health and Social Care Act 2008 highlights that personal information is only used if necessary to carry out work and is used in accordance with legislation.
Access to private information will be limited to authorized persons whose job responsibilities require it, as determined by an appropriate approval process, and to those authorized to have access by state or federal law. Access is given through the establishment of a unique account in accordance with account request procedures. Users are expected to become familiar with and abide by Bloom policies, standards and guidelines for appropriate and acceptable usage of the networks and systems. All users will have access to expectations, knowledge, and skills related to information security. Every user must maintain the confidentiality of information assets even if technical security mechanisms fail or are absent.
Unit 4222-307 Promote good practice in handling information in health and social care settings 1.1 Identify legislation and codes of practice that relate to handling information in health and social care ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ The right to confidentiality is guaranteed partly by Data Protection Act (1998), partly by Human Rights Act (1998) and partly by principles established by judges on a case to case basis (Common Law). The Data Protection Act (1998) sets out 8 principles which are a code of good practice for processing personal data. My work place policies and procedures are based around these principles. The GSCC code of practice for social care workers, sets out the standards of practice and conduct workers and their employers should meet with regards to the handling of personal information. There is also the Caldicott Standards which govern the sharing of information, based on The Data Protection Act (1998).
Data Protection Reflective Care aims to fulfil its obligations under the Data Protection Act 1998, the Freedom of Information Act 2000 and successor legislations. ( www.gov.uk/data-protection/the-data-protection-act) Anyone processing personal data must comply with the eight enforceable principles of good practice. This guidance says that data must be: • Fairly and lawfully processed; • Processed for limited purposes; • Adequate, relevant and not excessive; • Accurate • Not kept longer than necessary; • Processed in accordance with the data subject’s rights; • Secure; • Not transferred to countries without adequate protection. Data Collection and storage Reflective care staff must ensure that any information collected and stored is
there are eight principles. The data Must be : - Fairly and lawfully processed - Processed for intended purposes - Adequate , relevant and not excessive - Accurate - Not kept for longer than necessary - Processed in accordance with the data subject rights - Kept secure - Not transferred to countries without adequate protection. 1.2 Explain why it is important to have secure systems for Recording and storing information in a health and social Care environment ? To ensure the necessary safeguards and appropriate uses Of personal information are in place. For example , any Issues relating to human rights act 1998 , the duty of Confidentiality as part of duty of care , accuracy.
Pass 5 There are many different legal issues and Acts that relate to the way that a business uses its information. One example of this is the Data Protection Act 1998 (DPA) which is an Act of Parliament. It controls how your personal information is used by organisations, businesses or the government. Everyone responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is: * used fairly and lawfully * used for limited, specifically stated purposes * used in a way that is adequate, relevant and not excessive * accurate * kept for no longer than is absolutely necessary * handled according to people’s data protection rights * kept safe and secure * not transferred outside the UK without adequate protection http://www.rac.co.uk/privacy-policy The RAC follows the rules laid out in the Data Protection Act 1998 by only using the data submitted to them by customers for the purpose that is was submitted for, for example health data for your registration under the Motability Scheme.
The 1998 Act covers information or data stored on a computer or an organised paper filing system about living people. The really basic way it works is by: 1. setting up rules that people have to follow 2. having an Information Commissioner to enforce the rules It does not stop companies storing information about people. It just makes them follow rules. The Eight Principles of Data Protection –The Rules to be followed For the personal data that controllers store and process: 1. It must be collected and used fairly and inside the law.