Unit 4222-307 Outcome 1 1.1- The data protection act 1998 gives people a right to see the information about them. This means that people can see their medical records, or social services file. Since January 2005, the freedom of information act 2000 has provided people with the right to access general information held by the public health authorities including local authorities and the national health service. Personal information about other people cannot be accessed and is protected by the data protection act. The information that is written in files should be clear and useful.
Ref 29 Understand how to handle information in social care settings 1.1 Identify the legislation that relates to the recording, storage and sharing of information in social Care. The data protection act 1998 is a law to ensure the safety of data/information. Anything relating to a person whether true or not is personal information. This law is to protect us from breaches of confidentiality. 1.2 Explain why it is important to have secure systems for recording and storing information in a Social care setting.
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.
Human rights 1998 legislation, Freedom of information 2000, code of practice on confidential information and enviromental act. 1.2 Explain why it is important to have secure systems for recording and storing information in a social care setting. To ensure the necessary safeguard and appropriate uses of personal information are in place for example:- any issues relating to human rights, the duty of confidentiality as part of duty, accuracy. The information is permanent once it has been written down. The information is very personal for example:- bank details, medical history and family background.
• Principle 2: Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. This means information collected and used by H&SS is only to be used for H&SS purposes and not shared with other agencies. • Principle 3: Personal data shall be adequate, relevant and not excessive to the purpose for which it was collected. This means only ask for the information that you need. • Principle 4: Personal data shall be accurate and, where necessary, kept up to date.
The VPN policies will enforce the rules and if it detects a possible bypass, the VPN connection to the network will be terminated. Protection from Malicious Software (NIST, 164.308(a)(5)(ii)(b)) The only devices that will be issued by the hospital will be laptops, cell phones, and PDA’s. These devices are acceptable mediums to use for external connections. User Authentication for External Connections (ISO 27002:2005, 11.4.2) The permitted uses are as follows: ● Home patient care will be allowed to use virtual desktop access. ● After hours prescription services
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.
Pass 5 There are many different legal issues and Acts that relate to the way that a business uses its information. One example of this is the Data Protection Act 1998 (DPA) which is an Act of Parliament. It controls how your personal information is used by organisations, businesses or the government. Everyone responsible for using data has to follow strict rules called ‘data protection principles’. 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.
UNIT CU1681 PC1.1 The legislation that has an impact on rights, choices and minimising the risk of harm for individuals with dementia are: * Human Rights Act 1998 * Mental Capacity Act 2005 * Mental Health Act 2007 * Mental Capacity and Deprivation of Liberty Safeguards 2005 * Disability Discrimination Act 1995 * Mental Health Act 2007 Together these acts form the rights and freedom of an individual. These affect the rights of an individual’s everyday life and say what they can and can’t do, beliefs and rights. PC1.2 The care home must have policies and procedures which include: * Mission statement * Health and safety * Person centred planning * Safeguarding * Complaints procedure * Moving and handling * Equality policy These relate to our practise as these have to be followed and are a structure of how we must work to ensure safe, current practise. PC1.3 Confidential information may be shared with an individual’s family/ advocate, when taking into account consent from the individual in cases of neglect, abuse, treatment etc or information that is shared in the individual’s best interest. I f the individual is incapable of giving consent then it should be the immediate family or next of kin.
1.1 – Identify legislation and codes of practice that relate to handling information in social care settings The following are current legislation and codes of practice that relate to handling information in health and social care. They also summarise the main points of legal requirements for handling information. •THE DATA PROTECTION ACT 1998 – The Data Protection Act 1998 is a piece of legislation which defines the law on processing data of people living within the United Kingdom. •THE FREEDOM OF INFORMATION ACT 2000 – The Freedom of Information act 2000 creates the right of access to the public of general information help by public authorities, local authorities and the National Health Service. Personal data cannot be accessed as this is protected by the Data Protection Act 1998.