QUESTION- ( 1.1 )
Identify legislations and codes of practice that relate to handling information in health and social care
In order to answer the question above I am going to explain the meaning of Legislations:
Definition of the word Legislations.
1) An officially elected or otherwise selected body of people vested with the responsibility and power to make laws for a political unit, such as a state or nation 2) The process of making or enacting laws: it will require legislation to change this situation Code of practice.
A set of guidelines and regulations to be followed by members of some profession, trade, occupation, organization etc.; does not normally have the force or law
As a senior care worker it is very important to know the right to confidentiality is guaranteed partly by the Facts safety Act 1998, partly by the Human Rights Act 1998, and partly by principles established by judges on a case by case basis (the common law). The purpose of this code of practice The Health and Social Care Act 2008 requires us to publish a code that sets out the practice we will follow in obtaining, handling, using and disclosing confidential personal information.
DATA PROTECTION ACT 1998
This legal document sets out eight principles which are in essence a code of good practice for processing personal data. These are Make sure that things are processed fairly and lawfully. Processed only for one or more specified and lawful purpose. Adequate, relevant and not excessive for those purposes
This Code of Practice fulfills that requirement. We intend to be used in two main ways: • By our staff, to set out how we will work and to provide a point of reference against which our practice can be judged. The Code will help us to continually develop policies, processes and training. These will, in turn, generate detailed guidance to our staff on issues relating to confidential personal information.
As a senior care worker what we should and allowed to do Our functions (the jobs we were set up to do) include the registration of health and social care providers to ensure that essential standards of quality and safety are being met; reviewing and investigating the quality of the services we provide; and protecting the interests of people whose rights are restricted under the Mental Health Act 1983. Our main objective in performing our functions is to protect and promote the health, safety and welfare of people who use health and social care services. Schedule 9 of the Health and Social Care Act 2008 allows us to help other public authorities to carry out their functions.
This may include sharing confidential personal information with them where we think it is appropriate and in the public interest to do so. The Data protection Act 1998 sets out eight principles which are in essence a code of good practice for processing personal data. Our workplace policies and procedures will be based around those principles. The Human Rights Act 1998 details the right to a private life. There is also the GSCC code of practice for social care workers, which provides a clear guide for all those who work in social work,
Failure to comply with conditions.
A person who—
(A) Is registered under this Chapter in respect of a regulated activity (whether as a service provider or manager), and. (B) Fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Chapter in relation to the registration. Is guilty of an offence and liable on summary conviction to a fine not exceeding £50,000. Now I am describing the purpose of the Code of Practice
The Health and Social Care Act 2008 requires us to publish a code that sets out the practice we will follow in obtaining, handling, using and disclosing confidential personal information.
This Code of Practice fulfills that requirement. We intend it to be used in two main ways: By our staff, to set out how we will work and to provide a point of reference against which our practice can be judged. The Code will help us to continually develop policies, processes and training. These will, in turn, generate detailed guidance to our staff on issues relating to confidential personal information. By our stakeholders (people who use services, careers, the public, providers of health and social care, and other regulatory bodies), to find out about the principles that they can expect us to follow, and to be reassured about our use of confidential personal information.
The Office of the Health Professions Judge.
(1)There is to be a body corporate known as the Office of the Health Professions Adjudicator (referred to in this Part as “the OHPA”). . (2)The OHPA is to have functions in relation to the professions regulated by— . (a)the Medical Act 1983 (c. 54), and .
(b)the Opticians Act 1989 (c. 44). .
(3)Schedule 6 (which makes further provision about the OHPA) has effect. Now I am explain a my life history about health and social care I just didn’t realize how important reading and keeping good records was until I started to support my son. When his support workers follow the information in him records he has a good day and keeps healthy. Following his detailed support plan around morning and evening care means that he starts and finishes the day well. Each day we write down what we have done and how things went. Because of my son’s medical needs we also keep daily records of him medication and seizures?
This helps my son, his mum, and the doctors notice any changes in his health. My son’s keeps her own health records in his room for when he goes to the doctor’s and also in case there is an emergency. We explain to him each day about the other records we fill in. my son can see all of the records about him when he wants to; he has given permission for his mum to see most of the records too. We keep the records in a locked cabinet in the sleep-over room. My suggestion as a senior care givers we will be dealing day to day with service users confidential information so it is very important and one our job roles is to understand the legislation and bring into practice especially, when we are handling or passing others the confidential information of our service users so therefore,
Continue on a separate page if necessary…
QUESTION- ( 1.2 )
Summarise the main points of legal requirements and codes of practice for handling information in health and social care
In this question of the question I am going to Summarised the main points of legal requirements and codes of practice for handling information in health and social care under the DATA PROTECTION ACT 1998.
The data protection act sets out 8 principles governing the use of personal information; Personal data shall be processed fairly and lawfully
Personal data shall be obtained only for one or more specified and lawful purposes Personal data shall be adequate, relevant and not excessive
Personal data shall be accurate and, where necessary, kept up to date. Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
GSCC Code of practice
The code of practice states social worker should/not respecting confidential information and clearly explaining agency policies about confidentiality to service users and carers Abuse the trust of service users and careers or the access, we have to personal information about them or to their property, home or workplace Maintaining clear and accurate records as required by procedures established for your work.
FREEDOM OF INFORMATION ACT (2000)
The Act provides a general right of access to information held by Public Authorities (PA). Anyone can request information from a PA and has the right to be told whether the PA holds the information, and if it does, to be provided with the information. Human Rights Act 1998 (HRA98)
Article 8 of the European Convention on Human Rights establishes a right to ‘respect for private and family life’. This underscores the duty to protect individual privacy and preserve the confidentiality of health and social care records. Current understanding is that compliance with the Data Protection Act 1998 and the common law of confidentiality should satisfy Human Rights requirements. For more information please visit or Google it
The legislation and the codes of practice that relate to handling of information in social care settings include; Date protection Act 1998
This law protects privacy of personal data unless a criminal offence arises that requires disclosure of certain information Caldecott standard
This governs the sharing of information based on data protection amended in 2006 and 2008 Freedom of information Act 200
The Health and Social Care Act 1998
Mental capacity Act 2005
The Access to medical Reports Act 1988
The Care quality Commission Act (CQC)
Standards of Quality and Safety
The General Social Care Council (GSCC)
These act gives authority to the Secretary of State for Health; the power to regulations, to authorize or require health services to disclose patient information, including data which is patient identifiable to support NHS activity in the interest of improving patient care or wider public interest. In addition the data may be used; To monitor diseases including communicate diseases or;
For occupational purposes on medical research o as to improve the quality of care or treatment or; To improve /monitor diseases or medical research;
Promote good practice in handling information in health and social care settings
Continue on a separate page if necessary…
QUESTION- ( 2.1 )
Describe features of manual and electronic information storage systems that help ensure security
I am describing below the features of manual and electronic information storage systems that help ensure security.
When not in use, files containing personal data should be kept in locked stores or cabinets to which only authorized staffs have access. Procedures for booking files in and out of storage should be developed, so that file movements can be tracked. Files should be put away in secure storage at the end of the working day, and should not be left on desks overnight. Electrical and others data
Log out of computer when not working at desk
Any discs containing data are securely kept in office
Filing cabinets are protected when not in use
Ensure telephone calls remain private, in office, door shut
Ensure files are stored in the right order e.g. numerical/alphabetical Never discuss service users in front of others and only on a need to know basis Care plans are stored in secure office areas
Personal data keeping with the help of electric
A database is another example of a storage system: it enables large amounts of information to be kept in a series of records. These records will sort the information according to a set of values. For example, a database which contains employee information will have individual records of each employee.
This will show their name, age, sex, date of birth etc.
The most common form of database is the ‘relational’ database: as the name suggest, this is where records are grouped together because they share the same attributes. In other words, they have a relationship with each other. Information is also stored on the Internet. There are over 80 million web sites on the Internet at present and the number is growing. This information is held on large servers and when information is requested by a user it is retrieved either from a database or a server and sent to the user. This is called a ‘client-server’ relationship.
Data Protection Principles
(1) Personal data shall be processed fairly and lawfully.
SOAS will ensure that data are obtained fairly, and will make reasonable efforts to ensure that data subjects are told who the data controller is, what the data will be used for, for how long the data will be kept and any third parties to whom the data will be disclosed. In order for processing to be fair and lawful, data which is not sensitive personal data will only be processed by SOAS if at least one of the following conditions, set down in the Data Protection Act, has been met: The data subject has given his/her consent to the processing.
The processing is necessary for the performance of a contract with the data subject, or for taking steps with a view towards entering into a contract. The processing is required under a legal obligation other than a contract. The processing is necessary to pursue the legitimate interests of SOAS or of third parties, and does not prejudice the rights, freedoms or legitimate interests of the data subject. My suggestion to all, keep in mind all the time about the data protection which I have mention above in order to safeguard yourselves and as well as others failure to do so may result being prosecuted.