The Data Protection Act 1998 (amended in 2003) is a law in the UK that aims to protect individuals’ personal information and regulate its sharing. It also allows individuals to ensure appropriate handling of their data. This act replaced previous laws such as the Data Protection Act 1984 and the Access to Personal Files Act 1987, making compliance compulsory for anyone holding personal information. Non-compliance with this act is considered a criminal offense, and entities required to comply include GPs, the NHS, and private companies.
Disclosing patient data to parents without consent is a violation of the Data Protection Act, potentially resulting in criminal charges. Non-compliance with this legislation can also carry legal consequences. The Freedom of Information Act 2000 grants individuals the right to access information held by public entities. Therefore, if the NHS possesses your data, you have the entitlement to know its contents and who has permission to view it.
There are three methods to gather information based on this act:
- You can request this information electronically by sending an email to them from their website or using the contact us section.
- You can write to the department with a request form or a letter requesting access to the information.
- You can fax the department to request the information.
There may be a charge for the information and you can find details of costs by looking on the public bodies’ website, calling them or writing to them. The Health and Social Care Act provides guidelines and legislation on the correct handling of people’s information. The Care Quality Commission’s Guidance on “Essential Standards of Quality and Safety Outcome 21” offers information on how to handle people’s information and comply with laws. The General Social Care Council also provides information and guidelines on their website regarding the handling of people’s information. You can also learn how to handle information by referring to your company policies and procedures manual, reviewing your code of conduct, and seeking guidance from your line manager.
Legal requirements and codes of practice are guidelines, policies, and procedures that must be followed in daily activities when handling information. These guidelines protect individuals from committing criminal offenses if it is a legal requirement or from dismissal if it is a company policy or procedure. Legal requirements offer guidance and support for storing and handling personal and confidential information, ensuring it is stored correctly and securely.
To maintain records, one option is to use a computer or confidential file that is regularly updated. It is important to update the records every time the individual is seen, whether at home or in a clinical setting. These records should contain factual information and be accurate and legible for others to read. When documenting information, it is necessary to include the date, time, and signature. In some cases, the service user may also need to sign the documents. Updating elements such as the date and time of arrival or visit, activities during the visit (e.g., washing, dressing, feeding, medication), outcome of the visit, and any requests made by the service user is essential. For instance, if you provide breakfast and medication for a service user during your visit, this should be noted in the records to prevent potential overdosing if another visitor repeats these actions.
There are multiple ways to guarantee security in storing and accessing information. For computers, passwords can prevent unauthorized individuals from gaining access to records and emails. Another method involves keeping physical records locked away in a filing cabinet or cupboard, ensuring that only authorized personnel have the key. In addition, handovers should take place in a confidential room, and conversations with service users must be held privately to avoid breaching confidentiality. It is also crucial not to discuss sensitive information over the telephone; if this cannot be avoided, conversations should occur in private to prevent others from overhearing. Lastly, files should always be returned to the filing cabinets when they are not being used.
To ensure the security of client records, both paper-based and electronic records must be stored appropriately. Paper-based records should be kept in a filing cabinet, while electronic records need to have password protection. If there is a need to access or update these records outside of the secure location, it is important to keep them away from unauthorized users. For instance, if you visit a service user in the morning and no longer need their records, make sure to return them to the secure location where they cannot be accessed by unauthorized individuals. Moreover, electronic systems not only require passwords for access but also keep track of who accessed the information, when it was accessed, and what activities were performed during access.
When updating Joe Blog’s record to reflect his new medication, you would log into the computer system using a password. The system would then record your identity, the time of access, and the actions taken on the file (such as amending information or updating records). It is important to always have a backup of documents: paper documents should be photocopied and stored in a labeled filing cabinet, while electronic records should be backed up on a USB stick or a server to prevent data loss.
One way to support others and make them understand the importance of secure information handling is by setting a good example through following policies and procedures. This entails showing individuals the necessary policies, legislation, and procedures related to information handling, monitoring their handling practices, and providing guidance on how to handle information securely in compliance with existing legislation. It is advisable to encourage them to familiarize themselves with the data protection act and the company’s code of conduct. It is our collective responsibility to adhere to information handling procedures and legislation. If someone is unsure about how to do this, it is possible to demonstrate the process and also provide guidance on updating information when necessary.
Raising awareness of the consequences of neglecting to update records, keeping them legible, and failing to adhere to data protection policies and procedures can help support others. Additionally, it is important to ensure that your colleagues are aware of proper file storage practices and the location of secure file storage.
