2. FREEDOM OF INFORMATION ACT 2000 This act requires organisations to provide information about their services and policies to individuals requesting information through the agreed channels. 3. HUMAN RIGHTS ACT 1998 From the stand point of health and social care, service users have the legal right to have their privacy and family life respected as well as freedom from degrading treatment. 4.
There is also the Caldicott Standards which govern the sharing of information, based on The Data Protection Act (1998). The Freedom of Information Act (2000) provides a general right of access to information held by Public Authorities. Anyone can request information from Public Authorities and has the right to be told if the Public Authority holds the information and if it does, be provided with that information. 1.2 Summarise the main points of legal requirements and code of practice for handling information in health and social care Data Protection Act (1998) Sets out 8 principles governing the use of personal information. These are:- • Personal data should be processed fairly and lawfully.
1. Identify legislation and codes of practice that relate to handling information in health and social care Legislation: • Data Protection Act 1988 • Freedom of Information Act 2000 • Health and Social Care Act 2008 - Essential Standards Codes of Practice • Health and Care Professional Council • Information Commissioner’s Office (ICO) • Local or internal codes of practice (your employers policies and procedures) 2. Summarise the main points of legal requirements and codes of practice for handling information in health and social care The purpose of the Data Protection Act 1988 is to protect the rights and privacy of individuals and to ensure that data about them is not shared without their knowledge or consent. This Act controls how personal information is used by organisations, business’ or Government. 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.
My responsibility is to maintain and update patents records, ensuring that the information stays confidential and is locked away securely. Patients who divulge their personal health information expect the NHS to keep it safe and secure. The Data Protection Act 1988 governs how organisations may use personal information including how they acquire the information, store, share and dispose of it. Freedom of Information Act 2000 This gives the public a right to general access to all types of recorded information held by public authorities including GP practices. A response to a request for information must be made within 20 working days.
Human rights 1998 legislation, Freedom of information 2000, code of practice on confidential information and enviromental act. 1.2 Explain why it is important to have secure systems for recording and storing information in a social care setting. To ensure the necessary safeguard and appropriate uses of personal information are in place for example:- any issues relating to human rights, the duty of confidentiality as part of duty, accuracy. The information is permanent once it has been written down. The information is very personal for example:- bank details, medical history and family background.
The Freedom of Information Act 2000 gives individuals the right to ask organisations about all the information they have about them. 1.2 Q: Explain why it is important to have secure systems for recording and storing information in a health and social care setting. A: It is important to have secure systems for recording and storing information so that individuals and staff's private information will be protected from unauthorised viewing. It is to comply with legislation and it is the right of individuals and staff to have their private information protected. It is important to ensure information is accessible to those who need to know it.
1.1 Identify the legislation that relates to the recording, storage and sharing of information in health and social care One such legislation is the Data Protection Act formed in 1998 which states that individuals have a right to see data collected that relates to them and that no individual can see anyone else's personal information. Another legislation is the Health and Social Care Act 2008 which states that information should be gather to monitor infection rates and to assess the risk of infection at any time. The Freedom of Information Act 2000 tells us that the public has the right to access information from public authorities. These are a few examples which again show the importance of accessing information; telling us who can see what information. 1.2 Explain why it is important to have secure systems for recording and storing information in a health and social care setting There are many reasons why the recording and storage of information is important.
* Complete – ensure all required information is in the report * Correct – every piece of information must be accurate and verifiable. 5) List the 4 most important standards you need to work to in your worksite * The Disability Services Standards * Home and Community Care Standards * Aged Care Accreditation Standards * Housing Regulation and Standards 6) Do you know what to so if a breach of confidentiality should occur? * Make sure that you consider issues of confidentiality * Take steps to record your actions and the reasons for them
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
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.