Health and Social Care Essay

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Unit 9: Promote Good Practice in Handling Information in Health and Social Care Settings Unit code: HSC 038 Unit reference number: J/601/9470 1. Identify legislation and codes of practice that relate to handling information in social care settings People who use health and social services have a range of rights and those who provide services have a range of obligations to service users. Key obligations of all staff are to respect the privacy and confidentiality of service users. Legislation those related to handling information includes: • Data Protection Act 1998 • Freedom of Information Act 2000 • Health & Social Care Act 2008 - Essential standards • The Access to Health Records Act 1990 • The National Health Service Act 2006 • Public Interest Disclosure Act 1998 • The Human Rights Act 1998 This Code of Practice is principally concerned with identifiable service user information. Uses or disclosures of such information are only justified where: • the service user has given his or her consent, or • there is a statutory requirement to use or disclose the information, or • the balance of public and private interests favours disclosure. In such situations there must be a substantial public interest favouring disclosure which outweighs both the private interests of the individual and the public interest in safeguarding confidentiality. In general, service users should be informed of: • What kinds of information are being recorded and retained; • The purposes for which the information is being recorded and retained; • What protections are in place to ensure non-disclosure of their information? • What kinds of information sharing will usually occur? • The choices available to them about how their information may be used and disclosed; 2.

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