In relation to the legislation the code of practice states. 2.3 respecting confidential information and clearly explaining agency policies about confidentiality to service users and carers. 5.3 must not abuse the trust of service users and carers or the access you have to personal information about them or their property. Home or workplace. 6.1 meeting relevant standards of practice and working in a lawful.
Unit 307 Outcome 1 1.There are numerous pieces of legislation and codes of practice designed to protect individuals. These are to protect from the breeches of confidentiality were the information held on that of the individual is only reviewed by staff directly involved in their care. The data act 1998 is a piece of legislation which defines the law on processing data of people living within the United Kingdom. One of the central codes of practice in health and social care has been provided by the GSCC and it sets standards of practise and behaviour for staff working in those areas, including information and maintaining confidentiality. 2.
 Promote Good Practice in Handling Information in Health and Social Care Settings Outcome 1 - Understand requirements for 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 Data Protection Act 1998 is a key piece of legislation to ensure people's rights regarding the confidentiality of their personal information. It highlights 8 principles that define good practice when handling someone else's personal data and breaching these principles can lead to serious legal implications. In health and social care many policies and procedures are based on the principles of the Data Protection Act to ensure that client details remain confidential. The Human Rights Act 1998 also states the right to a private life. The right to have one's private life respected also includes that private and confidential information gets respected and that details are shared and stored in accordance with strict rules and regulations.
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.
HSC038 Promote good practice in handling information in health and social care settings To understand the requirements for handling information in health and social care settings, the first step is to identify the legislation: The Data Protection Act 1998. This Act stipulates the rules for manual and electronic processing of personal data (e.g. names, addresses, dates of birth etc.) and ensures that every company which keeps such records is responsible for the data collected, how it is used and to whom it can be given. This Act has eight legally enforceable ‘data protection principles’: • Information must be processed fairly and lawfully • It must be used for limited and declared purposes • It must be accurate, up to date and relevant • Information must be held no longer than necessary • It must be kept secure • May not be transferred overseas unless safeguards are in place • Individuals have a legal right to see any personal information you have stored about them Confidentiality is a central trust between a service user and a health and social care setting to enable an open, beneficial and honest relationship.
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- Unit 209 1.1 All information, however it is stored, is subject to the date protection act 1998, which covers medical records social service records, credit information, local authority information and so on. Anything relating to a person, whether fact or opinion, is personal data. Data is the same thing as information in relation to the Act. Anyone processing personal date must comply with the eight enforceable principles of good practice laid down in the Data Protection Act 1998. Data must be: Fairly and lawfully protected Processed for limited purposes Adequate, relevant and not excessive Accurate Not kept for longer than necessary Processed in accordance with the date subject's rights Kept secure Not transferred to countries without adequate protection.
Handle information in Health and Social Care settings. Outcome 1 Understand the need for secure handling of information in Health and Social care settings 1.1 Identify what legislation relates to recording, storing and sharing information in health and social care settings. Information that is given to employer/manager is all subject to the Data Protection Act 1998, which covers medical records, social service records, credit information, local authority information and many more. Anything relating to a person, whether fact or opinion, is personal data. Anyone processing personal data must comply with the either enforceable principles of good practice laid down in the Data Protection Act 1998.
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
Personal data cannot be accessed as this is protected by the Data Protection Act 1998. The full provisions for The Freedom of Information Act 2000 came into force in January 2005. 2.1 - Explain how to maintain records that are up to date complete accurate and legible The only way is to keep the data on computer, especially if you want the records legible. As far as being up to date, complete and accurate, you will need to update the records on a periodic basis, making certain that all data is correct. 2.2 - Describe practices that ensure security when storing and accessing information Digital Data: Password Protection Encryption Non Digital Data: File Store/Lockable cupboard/safe Alarms/CCTV Data Protection Policy / Non disclosure agreement 2.3 - Describe features of manual and electronic information storage systems that help ensure security A manual information security storage system has a lock and strong construction materials.