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.
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.
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.
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.
Assignment 307 Understand how to handle information in social care settings Task A short answer questions Ai Identify four key pieces of legislation codes of practice relating to handling information in social care settings. 1,Data Protection Act 2,The Codes of Practice for Social Care Workers 3,The Health and Social Care Act 4,Freedom of Information Act Aii Explain how legal requirements and codes of practice affect the day to day work of social care worker in relation to handling information Confidentially by not handing out information to anyone who isn’t involved in the individuals care you must have the individuals consent before hand & protecting personal daily recordings making sure they are kept in a secure place we are required to by law. Aiii Explain two ways of helping other practitioners to understand the importance of handling information securely. Explain potential consequences of handing personal information securely and to follow the legislation and codes of practice as they all summarized the main points of legal requirements for handling information, THE DATA PROTECTION ACT 1998, THE FREEDOM OF INFORMATION ACT 2000. Aiv Explain two ways of helping other practitioners to understand the different systems used to recored information in adult care settings.
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.
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. One of which is the legislations which all care homes have to adhere to. More reasons include protecting confidentiality; only individuals and those who have received their consent can access their personal information. You also preserve the rights of the service users by protecting their data. By storing data in systems that are password protected you make it so that only those who 'need to know' service users' personal information can see them.
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
Technical Certificate Level 2 Understand how to handle information in social care settings unit 9 | QUESTIONS | ANSWER |LO/AC | |1.1 |Data Protection Act 1998: This is how information about service users/individuals is used. There |9.1.1 | |Identify the legislation that |are eight principles, 1.Personal data shall be processed fairly and lawfully. 2. Personal data | | |relates to the recording, |shall be obtained for only one or more lawful purposes, and cannot be used for any other | | |storage and sharing of |purpose.3.Personal data shall be adequate and relevant. 4.
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.