Data Protection and Confidentiality www.clarimed.co.uk

www.clarimed.co.uk Course objectives Confirm the meaning of data protection and confidentiality State key legislation in relation to data protection and confidentiality Confirm the eight core principles of data protection Consider the implications for both employers and employees and the risks of not adhering to the law State data protection issues relating to marketing, postage, email and social media Know people’s individual rights for accessing their own information Confirm practical methods of ensuring that all staff comply to confidentiality policies

Sensitive information about YOU www.clarimed.co.uk Sensitive information about YOU How sensitive is information about you? What do you wish to remain ‘secret’ about yourself? What personal information about yourself would you tell your employer? What personal information would you tell your doctor? What personal information would you tell a member of your immediate family?

What is Information Governance? www.clarimed.co.uk What is Information Governance? It concerns the safe management of information you look after for your organisation. This includes: Data protection confidentiality and Privacy FOI Act 2001 Records management Information Security

Data Protection, Confidentiality and Privacy www.clarimed.co.uk Data Protection, Confidentiality and Privacy Patient information Health Records Employee information Data protection act Data Protection Influencing thinking on privacy and processing of personal information Maintaining a Statutory Register of personal data users Need-to-know basis

The Eight Principles of Good Practice www.clarimed.co.uk The Eight Principles of Good Practice These say that data must be: 1. fairly and lawfully processed 2. processed for limited purposes 3. adequate, relevant and not excessive 4. accurate and up to date 5. not kept longer than necessary 6. processed in accordance with the individual’s rights 7. secure 8. not transferred to countries outside European Economic area unless country has adequate protection for the individual

Sharing information We can only share information about people if: www.clarimed.co.uk Sharing information We can only share information about people if: we have their consent to do so there is a law that says we have to it is in the public interest, such as to prevent serious harm

The 6 Principles of Confidentiality www.clarimed.co.uk The 6 Principles of Confidentiality Justify the purpose(s) Don’t use patient-identifiable information unless it is absolutely necessary Use the minimum necessary patient-identifiable information Access to patient-identifiable information should be on a strict need-to-know basis Everyone with access to patient identifiable information should be aware of their responsibilities Understand and comply with the law

www.clarimed.co.uk Caldicott Guardians Has key responsibility for staff awareness and training Puts in place systems for access on a need to know basis Is the local champion re: relationship with patients and their information Is a member of the wider information governance team Is responsible for ensuring that systems are in place for safeguarding confidential patient information Advises on confidentiality issues

www.clarimed.co.uk Caldicott Principles 2013 All staff members need to know about the Caldicott Principles and to follow them: Justify the purpose(s) for using patient data Don’t use patient-identifiable data unless absolutely necessary Use the minimum necessary patient-identifiable information Access to patient-identifiable information should be on a strict need to know basis Everyone should be aware of their responsibilities to maintain confidentiality Understand and comply with the law, in particular the Data Protection Act The duty to share information can be as important as the duty to protect patient confidentiality

Sensitive data Racial or ethnic origin Political opinions www.clarimed.co.uk Sensitive data Racial or ethnic origin Political opinions Religious or other beliefs Trade Union membership Physical or mental health condition Sex life Criminal proceedings or convictions

Patient-identifiable information www.clarimed.co.uk Patient-identifiable information A combination of one or more of these can be used to identify a patient: Forename Surname Initials Address Telephone number Date of birth Sex Post code Social security number Ethnic group Occupation