Table of Content
In determining the storage period, the care home operator will need to have regard to whether an incident has occurred that will result in an investigation not only internally by the care home operator but by any external body such as the police. At the time of writing the CQC has not reissued its guidance to incorporate issues raised by the General Data Protection Regulation . The risk register contains a copy of all audits, risk assessments and Data Protection Impact Assessments. More use should be made of encryption and, where a care home is using encryption, it should do so on a more systematic basis than is often the case at present.
Organisations that fail to comply with GDPR risk fines of up to €20 million or 4% of annual turnover, whichever is greater, for the most serious breaches. Any fines or investigations from the Independent Commissioners Office are dependent on the severity of the breach, and it’s up to you to keep people’s information safe. Data processor - those who processes data on behalf of a data controller.
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It is important to always choose the lawful basis that most closely reflects the true nature of your relationship with the individual and the purpose of the processing. Lawful Bases for Sharing Information - The UK GDPR provides practitioners with a number of lawful bases for sharing information. It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child, providing there is another lawful basis for the sharing.
The GDPR requires compliance with various data protection principles that are broadly similar to those within the old data protection legislation. The CQC emphasises the need to consult with the people who use the care service, including residents, families and other visitors to care homes and also staff when deciding about whether and how to use surveillance. The General Data Protection Regulation is a European-wide law that replaced the Data Protection Act 1998 in the UK.
How to identify risks and increase organisational compliance with the UK GDPR and UK Data Protection Act.
Britain’s exit from the EU will not affect the changes, which have been brought about to give people greater control over their information and how it is stored and used by all types of organisations, including those in the care sector. Fair processing - conditions which must be met to legally process personal data. Data breach - incident resulting in personal or sensitive data being lost, altered or viewed by unauthorised individuals. GDPR guidance, policies and procedures Take a look at what QCS can offer with GDPR guidance, policies and procedures.
If staff are appropriately trained, any organisation is well on the way to compliance with data protection legislation. Training needs will vary according to size and type of care organisation and BLS can conduct a training needs analysis on your behalf if required. Processed lawfully, fairly and in a transparent manner in relation to individuals; collected for specified, explicit and legitimate purposes; and not further processed in a manner that is incompatible with those purposes.
How McClarrons helps the Care Sector
If your business is compliant with the Data Protection Act then whilst GDPR is more onerous it should not be too difficult to become compliant with GDPR. We can act as your data protection officer, or other data protection related roles as required, or can simply act in the guidance position for any level of staff. With this increase in data sharing comes the need to ensure information is stored and shared safely. Alexandra is a Partner in our Healthcare Providers team and has considerable experience in advising on protocols and policies in the healthcare sector, particularly those raising issues of human rights and medical ethics. If a policy is not already in place addressing the relevant issues and providing guidance to staff, it is advisable for the care home operator to make sure a policy is put in place.
There should be more use of individual and not shared logons, with more complex passwords than is the case at present. Consideration should be given to how to ensure that as few staff as necessary have access to personal data. Genuine consent should put individuals in charge, build trust and engagement. Consent is one lawful basis for processing information, but there are five others.
Insights, events and opinions on the latest law, legislation and policies. Care home operators are advised to undertake an assessment to determine whether the use of CCTV is justified, taking into account the benefits of filming in the care home against any disadvantages, including the impact on residents’ dignity. The Mental Capacity Act and the MCA Code of Practice will be important in such situations. Controllers will typically seek to avoid reliance on consent for GDPR purposes and thus will need to identify at least one appropriate ground in Article 6 and Article 9. Where a decision has been made to use surveillance, the relevant consideration should be carefully documented as it is a matter that may be subject to scrutiny in the context of a CQC inspection. The CQC has recognised that the use of CCTV cameras may be the best way to ensure safety or quality of care but highlights the need to consider whether less intrusive steps can be taken by providers to ensure the same aims are achieved.
As a NCA members you can receive a discount on the Quality Compliance Systems subscriptionHowden GDPR Insurance Understanding the regulatory environment and compliance challenges you face and can help you to prepare for the unexpected. Staff Data -You can process your staff's personal data in relation to usual HR / Admin purposes. Consent will be needed if their data is used for any other purposes, for example phoning an employee on their personal phone regarding work. The Information Commissioner’s Office has the power to – and regularly does – audit any organisation to test data protection compliance.
Staff working in the Home should understand their responsibility to keep children's personal data secure. However they should also feel confident about situations where they can share information with other agencies in order to safeguard and promote the welfare of a child. Your website privacy notices explain the legalities around your need to process data. As there will be greater restrictions on why you hold personal data and for how long, these privacy notices will need to go into much greater detail, but still be easy to understand for your customers.
Personal Care Consultants must respond to requests from data subjects within one month. It updates and replaces the Data Protection Act 1998, and came into effect on 25 May 2018. It sits alongside the GDPR, and tailors how the GDPR applies in the UK - for example by providing exemptions. It also sets out separate data protection rules for law enforcement authorities, extends data protection to some other areas such as national security and defence, and sets out the Information Commissioner’s functions and powers. This introduction to data protection has been developed to assist in promoting dignity in social care.
Anonymisation - a process to ensure that data can no longer identify any person. Personal data shall be accurate and kept up to date - out of date or inaccurate information should be deleted/removed and under regular review. The information contained here is for general guidance purposes only, you will need to refer to the ICO for the most up to date accurate information. Our popular managed service offering is a 360 degree approach to your data protection – covering all of the above and more within a package that suits your budget and other resources.
Children should be informed of the circumstances in which information about them will be shared routinely with other professionals and their consent to this sharing should be sought. This information should be provided in the form of a Children's Guide, a Privacy Notice or in other ways, and it will be made clear that in each case the information shared will be limited and only include that which is relevant. This Red Nose Day we have helped to raise money for Comic Relief, to help people in Africa gain access to education, help with immunisation and Malaria, as well as aiding people here in the UK with issues such as mental health and homelessness.
Where information is requested by telephone or electronically, great care must be taken to ensure that the recipient is entitled to receive the information requested. Where there is any doubt the information may not be provided without the approval of a Manager. Regular information sharing between the Home, Children’s Social Care, the police and other local agencies , will be essential for keeping children safe and ensuring they get the support they need.
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