DATA PROTECTION AND CONFIDENTIALITY POLICY AND PROCEDURE

Summary:

This policy details the rights of Service Users in relation to confidentiality, UK GDPR, data protection and the issues that staff need to be aware of. It has been reviewed with no significant amendments. Underpinning knowledge and further reading have also been reviewed and updated to ensure they remain current.

Relevant Legislation:

The Health and Social Care (Safety and Quality) Act 2015

The Care Act 2014

Freedom of Information Act 2000

Human Rights Act 1998

Data Protection Act 2018

UK GDPR

This statement is a written record that demonstrates that we have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law.

1. Purpose

1.1 To detail the rights of Service Users relating to confidentiality and data protection and issues that staff need to be aware of when processing confidential information within RUBIES RECRUITMENT LTD.

1.2 This is one of a suite of policies that relates to Data Protection, Information Governance, Data Quality and Security and the Human Rights of Service Users and dovetails to form a framework that ensures full legal compliance and best practice.

1.3 To support RUBIES RECRUITMENT LTD in meeting the following Key Lines of Enquiry/Quality Statements (New)

Key Question	Key Lines of Enquiry	Quality Statement (New)
SAFE	S2 : How are risks to people assessed and their safety monitored and managed so they are supported to stay safe and their freedom is respected?	QSS4 : Involving people to manage risks QSS5 : Safe environments
WELL-LED	W2 : Does the governance framework ensure that responsibilities are clear and that quality performance, risks and regulatory requirements are understood and managed?	QSW5 : Governance, management and sustainability

2. Scope

2.1 The following roles may be affected by this policy:

All staff

2.2 The following service users may be affected by this policy:

Service Users

2.3 The following stakeholders may be affected by this policy:

Family

Advocates

Commissioners' External health professionals

Local Authority

NHS

3. Objectives

3.1 To outline the principles related to confidentiality and to support staff in applying these principles.

3.2 To establish the approach of RUBIES RECRUITMENT LTD to ensuring the confidentiality of personally identifiable information.

3.3 To inform Service Users, their families, legal representatives, stakeholders and RUBIES RECRUITMENT LTD staff about the confidentiality obligations of RUBIES RECRUITMENT LTD and how we intend to meet them.

3.4 To inform staff working for, or on behalf of RUBIES RECRUITMENT LTD of their responsibilities with regards to confidentiality and personally identifiable information and how RUBIES RECRUITMENT LTD will enable these to be met

4. Policy

4.1 RUBIES RECRUITMENT LTD recognizes that we have a duty of confidentiality to our Service Users and staff. We believe that respecting an individual's right to a private life, which includes confidentiality, is important in ensuring a trusting, caring and supportive environment where both Service Users and staff are confident that information about them will be protected safely and not shared inappropriately or unnecessarily.

It is the policy of RUBIES RECRUITMENT LTD that we will only share information that is in the best interest of the Service Users and with their consent. Sharing of information will be carried out in line with the UK General Data Protection Regulation (UK GDPR), Data Protection Act 2018, Mental Capacity Act and Best Interests policies and procedures at RUBIES RECRUITMENT LTD. We aim to comply with the relevant legislation and include the .

4.2 Caldicott Guardian

RUBIES RECRUITMENT LTD understands its obligations to appoint a Caldicott Guardian in line with guidance from the National Data Guardian for Health and Social Care.

Further information is available in the Caldicott Guardian Policy and Procedure.

4.3 Core Principles of Confidentiality

All staff will ensure that all Service User information remains confidential. Service Users have the right to expect that personal information held about them is not accessed, used or disclosed improperly

The same duty of confidentiality applies to personal information about staff with the exception of names and job titles. Information about Directors, which is published, and therefore is a matter of public record, is also excepted

All staff have the individual responsibility for ensuring that they conform to the Caldicott principles, UK GDPR, Data Protection Act (DPA) 2018 and Article 8 Human Rights Act (HRA) 1998

Staff must not inappropriately access, misuse or share any information or allow others to do so. Staff are personally liable for deliberate or reckless breaches of the UK GDPR, Data Protection Act and may be liable to disciplinary action and/or prosecution

Any personal information given or received in confidence for one purpose may not generally be used for a different purpose, or passed to anyone else without the consent of the provider of the information

4.4 The Position of RUBIES RECRUITMENT LTD on Confidentiality

We will share with Service Users, their families and their carers, as far as the law allows, the information they want or need to know about their health, care and ongoing treatment, sensitively and in a way that they can understand

Confidential information will not be used for a different purpose or passed on to anyone else without the consent of the information provider

There may be occasions when it could be detrimental to the Service User or to another individual if this principle is strictly adhered to

There is a recognition that breaches of confidence are often unintentional. They are often caused by staff conversations being overheard, by files being left unattended, or by poor computer security. However, the consequences could be equally serious for all concerned

RUBIES RECRUITMENT LTD will ensure that personally identifiable information will always be held securely and, when used, treated with respect. This rule will apply regardless of where the information is held

Although the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act no longer applies to identifiable data that relate to a person once they have died, we respect that any duty of confidence established prior to death continues after a Service User has died

All information regarding the Service Users we support will be treated with respect and integrity

We will be transparent in our approach to ensure that anyone associated with RUBIES RECRUITMENT LTD (whether Service User, staff or visitor) is fully aware of how, what, when, who and why we share any information about them and source their agreement before doing so

4.5 All relevant staff will be bound by their professional code of ethics issued by their relevant licensing body, such as the General Medical Council, The Nursing and Midwifery Council and the Royal Pharmaceutical Society. Care Workers will follow the Skills for Care Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England.

4.6 All staff must sign a confidentiality agreement as part of their contract of employment (a template can be found within the forms section of this policy). The confidentiality agreement also extends to agency and contract workers

4.7 Responsibilities - Registered Manager

Ensuring that systems and processes are in place for the security of records, and they are reviewed to ensure that they remain fit for purpose

Ensuring that all staff understand this policy at the start of employment and that its importance is reiterated during supervision or team meetings

Ensuring that staff have received the appropriate training and are competent in their role

Reviewing, monitoring and auditing practices within RUBIES RECRUITMENT LTD to ensure that staff remain knowledgeable

Acting on any breaches in confidentiality in a timely manner and notifying the appropriate bodies

Ensuring that confidentiality rules are never used as a barrier to sharing appropriate information and fulfilling Duty of Candour obligations

4.8 Responsibilities - All staff will ensure the following:

That information received is effectively protected against improper disclosure when it is received, stored, transmitted and disposed of

That confidential information is only accessed if it is appropriate to the job you undertake

That every effort is made to ensure that Service Users understand how information about them will be used before they supply any confidential information

That when Service Users give consent to the disclosure of information about them, they understand what will be disclosed, the reasons for disclosure and the likely consequence/s

That Service Users understand when information about them is likely to be disclosed to others, and that they have the opportunity to withhold their permission

If disclosing information outside the team that could have personal consequences for the Service User, that consent is obtained from the Service User

If the Service User withholds consent, or if consent cannot be obtained for whatever reason, disclosures may be made only where:

They can be justified in the public interest (usually where disclosure is essential to protect the Service User or someone else from the risk of significant harm)

They are required by law or by order of a court

If required to disclose confidential information, staff will only release as much information as is necessary for the purpose

That the person(s) to whom information is disclosed understands that it is given to them in confidence which they must respect

When disclosing confidential information, staff must be prepared to explain and justify the decision. Where there are doubts, they will discuss them with RUBIES RECRUITMENT LTD

Queries concerning this policy will be brought to the attention of RUBIES RECRUITMENT LTD

During the induction period for new staff, they will be made aware of this policy and their individual responsibility

5. Procedure

5.1 RUBIES RECRUITMENT LTD will detail with transparency how confidentiality is managed with Service Users, employees and others at the earliest opportunity and seek their agreement, e.g. through existing systems such as recruitment and RUBIES RECRUITMENT LTD assessment processes. Staff should refer to the Data Privacy templates and the External and Employee Privacy Policy and Procedure for further information that details how information is processed within RUBIES RECRUITMENT LTD.

5.2 Sharing Information With Other Health and Social Care Professionals

Information sharing between partners directly involved in a Service User's Care, and for the purpose of providing that Care, is essential to good practice. Consent from the Service User for information sharing must be recorded following a discussion with the Service User or, in the absence of capacity to consent, their designated other.

The principles of sharing information are:

Only information that needs to be shared

Only with those who have a clear need to know, and

There is a lawful basis for sharing information

5.3 General Principles of Confidentiality - Staff will:

Understand and follow the Caldicott Principles as detailed within the Forms section of this policy

Be aware that the Data Protection Act 2018 (DPA 2018), and the UK General Data Protection Regulation (UK GDPR) are not barriers to sharing information but provides a framework to ensure that personal information about living persons is shared appropriately

Be open and honest with the person (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be shared and will seek their agreement unless it is unsafe or inappropriate to do so

Seek advice from RUBIES RECRUITMENT LTD if they are in any doubt, without disclosing the identity of the person where possible

Share with consent where appropriate and, where possible, respect the wishes of those who do not consent to share confidential information. Staff may still share information without consent if, in their judgment, that lack of consent can be overridden in the public interest

Consider safety and wellbeing. Staff must base information sharing decisions on considerations of the safety and wellbeing of the person and others who may be affected by their actions

Necessary, proportionate, relevant, accurate, timely and secure: Ensure that the information shared is necessary for the purpose for which it is being shared, is shared only with those people who need to have it, is accurate and up to date, is shared in a timely fashion, and is shared securely

Staff must keep a record of any decision and the reasons for it (to include what has been shared, with whom and for what purpose), and for a decision not to share

5.4 Maintaining Confidentiality

All information regarding the people we support will be treated with respect and integrity

In general, no information may be disclosed either verbally or in writing to other persons without the Service User's consent. This includes family, friends and private carers, and other professionals

If in doubt, staff will consult the Line Manager or RUBIES RECRUITMENT LTD , Registered Manager

Conversations relating to confidential matters affecting Service Users will not take place anywhere that they may be overheard by others, i.e. in public places - such as supermarkets, public transport, open plan areas of the place, during training or group supervision where other staff not involved in the Service User's Care are present

Written records and correspondence must be always kept securely when not being used by a member of staff. Timesheets, rotas, etc. must not be left in unattended vehicles

Staff must not disclose any information that is confidential or that, if it were made public, may lead to a breakdown in the trust and confidence that the Service User and their families have in RUBIES RECRUITMENT LTD

Staff must not pass on any information or make comments to the press or other media. Media enquiries should be referred to the person responsible for handling any media enquiries RUBIES RECRUITMENT LTD can refer to the Caldicott Guardian Policy and Procedure for further guidance

5.5 Safeguarding, The Care Act and Confidentiality

Where safeguarding issues arise and in order to fully understand what has gone wrong, Safeguarding Adult

Contact Us

If you have any questions about this Data Protection Policy

Call 0161 745 9934 Call 07821 874062 Email Us

Rubies Recruitment Ltd

119 Firs Road, Sale, Manchester. M33 5EL

RC Number: 11704504