Access to personal information should be on a short need-to-know basis B. Not to use or share personal information unless it is absolutely necessary. C. Everyone must understand and comply with the law. Reference: Health and social care level 3/ own work experience. 1.2 SUMMARISE THE MAIN POINTS OF LEGAL REQUIRMENTS AND CODES OF PRACTICE FOR HANDLING INFORMATION IN HEALTH AND SOCIAL CARE.
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 Computer Misuse Act is another legal issue that businesses must take into account. This Act was introduced in attempt to prevent and protect businesses from viruses, hackers, copyright infringements and fraud on their computer systems. The Computer Misuse Act has made it illegal to: * gain unauthorised access to a computer’s data for the purpose of blackmailing * commit software piracy by copying programs illegally * hack into and gain unauthorised access to a computer’s data * gain access to a computer’s data without permission with the purpose of altering or deleting it or to plant a virus There are also ethical issues that a business must follow as to how it is run, including the use of its information. Ethics are a set of principles that a business should follow in
Understand how to handle information in social care setting Out come 1 understand the need for secure handling of information in social care setting 1.1 Identify the legislation that relates to the recording, storage and sharing of information in social care. The main pieces of legislation is the data protection act 1998. This covers the medical, social, credit information and local authority. There are eight principles which are fairy and lawfully processed, processed for intend purpose, adequate, relevant, not excessive/ accurate, not kept for longer then necessary, processed in accordance with the data subject right, kept secure and not transferred to countries with out adequate protection. Human rights 1998 legislation, Freedom of information 2000, code of practice on confidential information and enviromental act.
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.
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.
Data Protection Act 1998 - The Data Protection Act 1998 controls how the personal information is used by organizations, businesses or the government. Everyone who is responsible for using data has to follow strict rules called ‘data protection principles’. The eight main principles of the data are: 1. They have to be processed fairly and lawfully. (not through taking customer information without their consent).
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
1.1. Identify legislation and codes pf practice that relate to handling information in social care setting There is a legislation Act called the data protection Act 1995, this gives an individual the right to see all the information recorded about them, this includes the individual seeing their own medical records or social services files. The information Act 2000 amended January 2005 has provided an individual to access general information held by public authorities, including local authorities and the National Health Service. Confidentiality Health and Social Care Act 2000, this is so an individual’s information is kept confidential, unless in some circumstances information is past on. For example if a individual is at risk or if they have been given new medication etc., any other information on a individual should be kept confidential, some locked away just for managers.
4. Be able to use systems for effective information management. 4.1 If an organisation needs to keep records on a resident/service user that they support, they must be registered with the Data Protection Register 1998. In this Register, it means that the information should only be used for the purposes explained when it is collected as well as being relevant, accurate and up to date, The information collected should not be disclosed to anyone who has no right to see it and the individual can have access to the data held about them. The Public Interest Disclosure Act (1999) which is sometimes called the 'Whistle Blowing Act', is in place for considering other perspectives of confidentiality.
It was passed in 1998. The act covers confidentiality which means people should not share information with unauthorised people. It also means that data has to be protected by using password if it was in a computer or place it in a cabinet. This legislation relates to health and social care because in the health and social care setting there are different types of data for example service users personal information and medical reports. The staff should keep them private, protected and confidential.