UNIT 9 VICTORIA WESSELS: 1094182 (completed) 1.1 IDENTIFY LEGISLATION AND CODES OF PRACTICE THAT RELATE TO HANDLING INFORMATION IN HEALTH AND SOCIAL CARE Some of the legislation and codes of practice that relate to handling information are as follows: 1. DATA PROTECTION ACT 1988. This act ensures service users rights regarding the confidentiality of the personal information. It must not be shared or transferred without proper safeguards. 2.
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.
Understand how to handle information in social care settings. 1 Understand the need for secure handling of information in social care settings. 1.1 Identify the legislation that relates to the recording, storage and sharing of information in social care. The main piece of legislation is the Data Protection Act 1998. This covers the medical, social, credit information and the local authority.
Handle Information in Health and Social Care settings 1.1 Q: Identify the legislation that relates to the recording, storage and sharing of information in health and social care. A: The legislation that relates to the recording, storage and sharing of information is the Data Protection Act 1998. The act states that service users information must be confidential and can only be accessed with consent. Services users must know what records are being kept and why the data is kept. The Freedom of Information Act 2000 gives individuals the right to ask organisations about all the information they have about them.
There are also the Data protection principles, these are: 1. Personal data shall be processed fairly and lawfully and in particular shall not be processed unless a) at least one of the conditions in schedule 2 is met and b) in the case of sensitive personal data, at least one of the conditions in schedule 2 is also met. 2. Personal data shall be obtained only for one or more specified and
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).
Unit 4222-307 There are numerous acts of legislation and codes of practice that relate to the handling of information in health and social care, theses included the following: * The data protection act 1998 * The Health and Social Care Act 2008 * Freedom of Information Act 2000 * Your employers' Policies & Procedures The main points of the legal requirements and codes of practice for handling information in health and social care included: The data protection contains 8 principles: Personal data must be: * Processed fairly and lawfully. * Processed only for one or more specified and lawful purpose. * Adequate, relevant and not excessive for those purposes. * Accurate and kept up to date - data subjects have the right to have inaccurate personal data corrected or destroyed if the personal information is inaccurate to any matter of fact. * Kept for no longer than is necessary for the purposes it is being processed.
specific legal requirements are Behaviour management providers must not give corporal punishment to a child for whom [ they provide early years provision and, so far as it is reasonably practical, shall ensure that corporal punishment is not given to any such child by: a) any person who cares for, or who is in regular contact with children b) any person living or working on the premises an early years provider who, without reasonable excuse, fails to comply with this requirement, commits an offence. A person shall not be taken to have given corporal punishment in breach of the above if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death, of any person (including the child). Providers must not threaten corporal punishment, nor use or threaten any form of punishment which could have an adverse impact on the child’s well being. Providers must have an effective behaviour management policy which is adhered to by all members of staff. Physical intervention should only be used to manage a child’s behaviour if it is necessary to prevent personal injury to the child or other children or an adult, to prevent serious damage to property or in what would reasonably be regarded as exceptional circumstances.
BTEC unit 16 Information Handling 1.1 Legislation and codes of practice that relate to handling information within a care setting are: • Data protection act 1998 – gives people the right to see the information that is recorded about them • Freedom of information act 2000 – provides people with the right to access general information held by public authorities and the national health service Personal information about other people cannot be accessed and is protected by the Data Protection act 1998. • Disability discrimination act 1.2 Legal requirements and codes of practice inform practice in handling information by raising issues relating to the legal requirements for secure recording of information such as, the common law duty of confidence, the legal requirements for accuracy of information and for information to be kept up to date, obtaining personal data for only specific, lawful purposes and for personal data to be relevant and not excessive for its purpose. It is important to recognise issues relating to the legal requirements for the secure storage of information such as, the legal requirements that personal data should not be kept for longer than it is necessary for its purpose, security measures to protect against the accidental loss, destruction or damage to personal data, legal requirements for the storage of electronic and manual data and access the to secure information and issues relating to the legal requirements for sharing information such as, freedom of information, principles of confidentiality, agreed ways of inter-agency and multi-agency/integrated working. 2.1 It is important to understand the features of both manual and electronic information storage systems to ensure security such as, encryption, secure passwords, electronic audit trails, secured IT networks, identity chacks and security passes. 2.2 And 2.3 Understanding how
8. Personal data shall not be transferred to others/other countries unless there is an | | | |adequate level of protection in relation to the processing of personal data. | | | |Freedom of Information Act 2000: The Freedom of Information Act gives service users/ individuals | | | |the right