Legal and agreed ways to ensure information security & confidentiality

1.2 Explain the legal requirements and agreed ways of working for the security and confidentiality of information

Course: NVQ Level 4 Diploma In Health And Social Care (RQF)

Unit 11: Develop, maintain and use records and reports

LO1: Understand the legal and organizational requirements for rec practice, information and providing reports

In health and social care, keeping records safe and private is not only good practice, it is a legal and moral obligation. Here’s a guide to help you:

1. Legal Requirements

Data Protection Act 2018 & GDPR: They place rigorous rules on handling personal data. Key principles are lawfulness, fairness, transparency, purpose limitation (use information only for specific purposes), data minimisation (collection of data should be kept narrow and limited to what is needed), accuracy, storage limitation, and ensuring data security and confidentiality. Breaches can have serious legal outcomes for organisations as well as individuals.

Human Rights Act 1998 (Article 8): It is legislation that protects the right to respect for private and family life. It demands that information must be justified and be as confined as the law will allow.

Freedom of Information Act 2000: Individuals have the right to access certain documents retained by public authorities, although such access is balanced off against the protection of personal data.

Caldicott Principles: They are particular guidelines on how to deal with patient-identifiable information, like justifying why information is utilised, reducing usage, disseminating on a need-to-know basis, and making sure that individuals comprehend responsibilities.

2. Agreed Ways of Working

The following are the organisation's regulations under the legislation mentioned above, and all care workers have to comply with them:

Policies on Confidentiality: Disclose information only to people who are allowed and who have the need to provide care, and always request permission when possible.

Secure Storage: Paper documents should be kept in tightly closed, locked file cabinets, and computer-based documents should be protected with passwords and encryption. Permit access on a need-to-know basis for one's work, and maintain clear audit trails whenever feasible.

Training and Supervision: Staff get regular training on keeping information private, managing information, and protecting data.

Minimal Disclosure: Always disclose the bare minimum information that is enough in order to meet the goal of care and to individuals who must know.

Clear Record-Keeping: Record accurately what information is exchanged, why, with whom, and when.

3. When Can You Share Information?

With permission from the service user (if they can give it).

Where the law demands it (e.g., a matter of safety or actual danger). Provide information that is entirely relevant towards the administration of one's care and only with the relevant professionals.

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