Data Protection and Compliance with the General Data Protection Regulation (England, Scotland, Wales) Policy

Aim and Scope of Policy

The policy, which is in line with UK data protection laws, shows how this   Responsive care complies with the data protection requirements found in the respective national care standards and regulations on good governance of record keeping resulting in records that are comprehensively fit for purpose and securely maintained.

The respective national care standards are as follows (refer to as required).

• England: Regulation 17: “Good Governance”, of the Health and Social Care Act (Regulated Activities) Regulations 2014.
• Scotland: My Support, My Life, particularly Section 4: “I have confidence in the organisation providing my care and support”.
• Wales: Regulation 59 “Records”, of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.

All standards require full, accurate, up-to-date records on service users, staff and other aspects concerning the running of the service to be kept in line with data protection, confidentiality, secure storage and authorised access policies and procedures.

This care provider also understands that all records required for the protection of service users and for the effective and efficient running of the   Responsive care should be collected, maintained and kept according to the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

This policy applies to all manual and electronic records kept by the service in relation to service users, including those involved with them, whose personal data might be found on their records, all staff and any third parties (agencies and professionals) with whom anyone’s personal data information held by the service might have to be disclosed or shared.

The policy should be used with other relevant record-keeping and information governance policies.

Compliance with data protection law and the GDPR during the coronavirus outbreak

The   Responsive care has noted and will comply with the advice and guidance of the Information Commissioner’s Office during the current emergency. This is to the effect that the following apply.

1. Data protection law allows care providers to offer information that is needed to protect people from coronavirus and to provide the care needed for their service users.
2. Information that is necessary for people’s care can be shared legally and quickly using, where appropriate, different forms of technology and applications. There will be no breach of data protection law if information is shared between services that helps to achieve sought wellbeing outcomes for service users.
3. The ICO is unlikely to act against any apparent breaches, eg of confidentiality, where it can be shown that the information disclosed or shared was for these purposes.
4. This includes information that can be used for public health purposes, though this will not usually require disclosure of an individual service user’s personal data.
5. Data protection law does not prevent a Responsive care from disclosing information to third parties, such as family members, about how it and its service users are affected by the coronavirus outbreak, eg if it has service users with the virus or their relative has tested positive for the virus.
6. Wherever possible, such information will not reveal identities unless there are good reasons for doing so, for example, to prevent a person from coming into contact with an infected person or because of their concerns for a person’s welfare as a family member.
7. In these instances, the service will follow a “need to know” principle. It will make all reasonable efforts to obtain people’s consent to the disclosure of any coronavirus-related information, though this might not be possible in every situation and sometimes it will be necessary to exercise discretion.

In line with ICO guidance, these elements of the policy will be reviewed once the emergency period is over.

Policy Statement

The Responsive care recognises it must keep all records required for the protection and wellbeing of service users, and those for the effective and efficient running of the   Responsive care such as staff records to comply currently with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), which came into force in May 2018.

In line with its registration under the Data Protection Act, and to comply with GDPR, the service understands that it will be accountable for the processing, management and regulation, and storage and retention of all personal data held in the form of manual records and on computers.

This means that all personal data obtained and held by the   Responsive care to carry out its activities as a registered care provider must:

• have been obtained fairly and lawfully
• held for specified and lawful purposes as an organisation that is carrying out a public duty
• processed in recognition of persons’ data protection rights, which are described in GDPR in terms of the right:
  • to be informed
  • to have access
  • for the information to be accurate and for any inaccuracies to be corrected
  • to have information deleted (eg if inaccurate or inappropriately included)
  • to restrict the processing of the data to keep it fit for its purpose only
  • to have the information sent elsewhere as requested or consented to (eg in any transfer situation)
  • to object to the inclusion of any information (eg if considered to be irrelevant)
  • to regulate any automated decision-making and profiling of one’s personal data
• be adequate, relevant and not excessive in relation to the purpose for which it is being used
• be kept accurate and up to date, using whatever recording means are used or agreed (eg manual or electronic)
• not be kept for longer than is necessary for its given purpose (eg in line with agreed retention protocols for each type of record)
• have appropriate safeguards against unauthorised use, loss or damage with clear procedures for investigating any breaches of the data security
• comply with the relevant GDPR procedures for international transferring of personal data.

In line with the Data Protection Act 2018 and the GDPR, the   Responsive care has a data controller and a nominated data protection officer, who is responsible for the safekeeping and safeguarding of all personal data held by the   Responsive care.

Procedures

The service has taken the following steps to protect everyone’s personal data, which it holds or to which it has access so that it complies with current data protection laws and GDPR.

1. It appoints or employs staff with specific responsibilities for:
   1. the processing and controlling of data (data controller)
   2. the comprehensive reviewing and auditing of its data protection systems and procedures (data protection manager or auditor)
   3. overviewing the effectiveness and integrity of all the data that must be protected (data protection officer).

• There are clear lines of responsibility and accountability for these different roles.
• Note:
• How these roles and data protect functions are organised and distributed in an organisation will vary, but it is important to specify who is responsible for what.

2. It provides information to its service users and others involved in their care on their data protection rights, how it uses their personal data, and how it protects it. The information includes the actions service users and staff can take if they think that their data has been compromised in any way (eg through the complaints procedure or grievance procedure in the case of staff).
3. It provides its staff with information and training to make them aware of the importance of protecting people’s personal data, to teach them how to do this, and to understand how to treat information confidentially.
4. It can account for all personal data it holds, where it comes from, and who it is and might be shared with.
5. It carries out risk assessments as part of its reviewing activities to identify any vulnerabilities in its personal data handling and processing, and to take measures to reduce the risks of mishandling and potential breaches of data security. The procedure includes an assessment of the impact of both use and potential misuse of personal data in and by the service.
6. It recognises the importance of seeking individuals’ consent for obtaining, recording, using, sharing, storing and retaining their personal data, and regularly reviews its procedures for doing so, including the audit trails that are needed and are followed for all consent decisions.
7. It has policies and procedures for enabling service users and/or staff to have access to their personal information, and for the making of subject access requests that are in line with GDPR.
8. It has the appropriate mechanisms for detecting, reporting and investigating suspected or actual personal data breaches, including security breaches. It is aware of its duty to report significant breaches that cause significant harm to the affected individuals to the Information Commissioner, and is aware of the possible consequences (eg fine).
9. [Where applicable.] If the organisation holds personal data on any child under the age of 16, it informs the child how their data is being protected in ways that the child can understand, and has procedures in place to obtain consent of the responsible parent for obtaining and using the child’s data.

Training

New staff must read and understand the policies on data protection and confidentiality as part of their induction.

All staff receive training covering basic information about confidentiality, data protection and access to records.

Training in the correct method for entering information in service users’ records is given to all care staff.

The nominated data controller/auditors/protection officers for the   Responsive care are trained appropriately in their roles under GDPR.

All staff who need to use the computer system are trained to protect individual’s private data, to ensure data security, and to understand the consequences to them as individuals and the organisation of any potential lapses and breaches of the service’s policies and procedures.

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