Unit 1: Promote Communication in Care Settings

1.1 Identify the different reasons people communicate

People communicate for a variety of reasons, but the most popular one is so they can share messages and information. People communicate for a variety of reasons, such as:

• To exchange ideas and information.
• To express or share feelings.
• For socialising.
• To convey directions or instructions.
• Show compassion and empathy.
• To ask and respond to inquiries
• To offer affirmations
• To establish and uphold relationships and friendships.
• To counsel, mentor, or guide.
• To offer comfort and support
• To argue or converse.
• To communicate wants, needs, or requests.

The key to achieving one’s goals and most desired outcomes in life is effective communication. People can better understand someone’s mission and vision when they can express their feelings, thoughts, and visions appropriately.

Communication is crucial to preventing misunderstandings and misperceptions because, in addition to the person trying to convey information, others also need to understand that person’s concepts and ideas in order to comprehend the message that that person is trying to convey to them. As a result, communication must be sufficiently clear to be well understood.

The growth process is proportional to one’s capacity for effective communication, both professionally and academically. This includes the capacity to pose and respond to inquiries as well as the capacity to interact socially and find solutions to issues by exchanging information.

The ability to effectively share thoughts, feelings, and emotions contributes to developing trust and enables others to confide in you and share your thoughts and feelings. Communication is also crucial in fostering trust and confidence. As both the speaker and the listener must pay attention to the words being communicated to avoid misunderstanding or being misunderstood, listening is a crucial component of communication. Instead of listening with the intent to respond, listening should be done with the goal of hearing and comprehending what is being said.

As a result, communication can be divided into four main categories, including:

• Expression: This includes expressing thoughts, feelings, preferences, needs, wishes, or desires through verbal or nonverbal means.
• Support: Communication can also be used to reassure and support people. People can communicate with one another to show empathy and compassion.
• Information sharing: People typically communicate with one another to exchange information. This can be done by asking for or requesting specific information or by exchanging ideas, knowledge, or advice. Communication can also be used to give instructions or directives for carrying out a role or task.
• Socialisation: Without communication, social interactions would be virtually impossible. Communication is necessary to maintain and develop relationships with co-workers, friends, and family members. Both verbal and nonverbal techniques can be used to accomplish this.

1.2 Explain how communication affects relationships in the work setting

Information is shared among co-workers in a work environment as part of communication. This includes verbal and written communications such as memos, letters, emails, phone calls, video conferences, and face-to-face interactions. This can include nonverbal cues like body language, eye contact, and voice inflexion.

The style and method of communication used has a big impact on how well employees work together, how productive they are, and what roles they play within the company.

Relationships at work are therefore impacted by communication in both positive and negative ways.

Positive effects of communication at work: Good relationships with others are impacted by effective communication. It can effectively affect how people behave and react in their roles and around their co-workers. Building trusting relationships with friends, family, and colleagues begin with positive communication. Additionally, it helps in providing a clearer understanding of the job description’s scope and limitations. Knowing the appropriate and inappropriate work ethics would also be helpful. Additionally, it aids in comprehending and confirming with employers the established working methods.

A better understanding of verbal and nonverbal communication, such as memos, letters, and reports, results from effective communication.

Negative effects of poor communication at work

Confusion and chaos at work can result from poor or ineffective communication. Poor communication can result in inaccurate and misleading information being spread, which can upset employees and customers and lead to subpar service.

Employee inefficiency in their roles can impede performance and service delivery because of poor or ineffective communication. The employee’s organisation’s ratings and reputation may suffer as a result.

Effective communication has a positive effect on every aspect of work, such as the relationship between an employee and an individual, as well as the relationships between other professionals and colleagues, because communication is quite important in the social health care profession.

Interaction with people and their families: It’s crucial to be able to communicate and understand one another well in order to give patients strong, effective care. This would make it easier to meet their needs and give them safe, appropriate support. It would also help you understand their wants and preferences. A person who feels well-communicated with by their carers is more likely to confide in them about other matters as well. Care workers should receive training in multiple communication modalities because some patients may have difficulty using words.

Communication between colleagues and other professionals: Effective colleagues and other professional communication ensures that instructions, messages, ideas, inputs, and questions are correctly received and understood and promotes cohesive collaboration while lowering errors and raising the standard of care provided to individuals.

Communication can significantly affect how well care providers, and patients get along, as well as how well they get along with their families, friends, colleagues, managers, and other professionals. As a result, it’s essential to be as clear, assertive, and concise as you can in order to be well-understood and be able to establish a network of good working relationships over time. Cohesion and effectiveness are fostered by effective communication as well as a sense of respect and trust between parties.

Poor communication skills frequently result in dysfunctional working relationships, frustration, miscommunication, and obstruction of the free flow of information within the workplace, all of which can result in ineffective care.

1.3 Explain ways to manage challenging situations

When tension and emotions are involved, a challenging situation is likely to arise. This may result from stressed-out employees who may be doing more work than usual or who may be dealing with personal problems like divorce or difficult financial circumstances in their families. Service users may experience difficult circumstances as a result of a physical or mental disability or deformity that has been identified. Such situations can be exhausting, detrimental to their psychological health, and extremely traumatic for the individuals involved as well as their friends and family.

Anytime a situation like this presents a challenge, carers and other professionals in the setting must maintain composure and make sure that the individual knows they are willing to assist them in lessening their condition or situation. Such an individual should also be treated with compassion and empathy while maintaining an objective and non-judgmental attitude. The caregiver’s posture, gestures, and expressions must all complement their countenance.

Giving such an individual your full attention while you listen is another effective strategy for reassuring and encouraging support for those who are facing difficult circumstances. This demonstrates seriousness and encourages the individual to develop some trust in their carer. Even though this doesn’t mean that you agree with everything the person says, it’s still important to comprehend their perspective.

In order to determine the immediate and long-term needs and plans, the carer should make an effort to remain optimistic and maintain a communication channel. According to the established working procedures set forth by the employer, all of these should be completed with proper documentation and reported to the manager or supervisor.

The following are additional approaches to dealing with and managing difficult circumstances:

• Give the situation enough time to be resolved.
• The role of the person managing the challenging situation is to remain calm and objective while making sure not to take the situation personally in order to find a solution.
• Due to the tendency for people to become defensive whenever an audience or other party is present, privacy should be established.
• Finding the root of the issue is crucial, and this can be done by promoting dialogue and communication by giving individuals the opportunity to freely express themselves while also working to resolve and manage the situation. It is important to make every effort to resolve or manage the situation cooperatively. This can be done by finding out what people in the situation want in terms of finding a solution to the issues and giving them a chance to face them safely.
• Knowing one’s limits is also crucial because it helps the mediator keep in mind that he or she cannot solve every issue, avoid turning them into personal issues, and keep an open mind about the possibility that the problem may not be fully resolved.

2.2. Describe the factors to consider when promoting effective communication

Effective communication is crucial in social health care in order to offer individuals high-quality, safe, and effective care. Individuals’ needs, preferences, inputs, and feedback are channelled to the carers and institutions through effective communication. The carers must also ask patients and their families for information in order to understand their needs and to assess how well the care service has served the patient. Communication is a two-way process.

The following are some considerations for fostering effective communication:

Environment: The setting in which a conversation or other exchange of communication occurs is essential. The environment must be conducive and not divert the parties’ attention from the conversation or prevent it from flowing freely in order for communication to be effective and impactful to all involved. Communication can be challenging and ineffective in an uneasy setting. The communication environment must not only be comfortable enough to support an unrestricted exchange of information but also have the appropriate lighting (it must not be too dark that the parties would not be able to see each other, and neither must the lighting be intrusive into the eyes as well). The room’s or environment’s temperature must be just right for everyone to feel comfortable; it must not be too hot or cold. The environment must also have sufficient seating, be well protected from environmental elements like rain and snow, and have a reasonable noise level. It must not be too noisy so as to be a source of distractions.

Languages: It is essential that both parties speak and understand each other’s languages in order for communication to flow freely. If this seems impossible, an interpreter can be offered to help with communication. When necessary, other communication methods may also be used, such as BSL and Makaton.

Basic requirements: Both parties’ basic requirements must be satisfied in order for communication to be effective and free-flowing. This would allow them to participate effectively in the information exchange and be more open without their needs getting in the way. Being thirsty, hungry, or sleepy are just a few of the needs that may arise.

Attitude: Individuals can choose not to participate in a conversation if they feel that their opinions are not being taken seriously or are being ignored, which is another important role played by attitudes in effective communication.

Therefore, having effective communication requires compassion, empathy, non-judgmental, active listening, and rapt undivided attention.

Promoting effective communication also requires taking the person’s condition into account. This includes any limitations and difficulties the person may be experiencing, which could influence how information is exchanged. For instance, speaking with someone who has hearing loss necessitates a face-to-face exchange with the person who is directly facing the other party.

Strong regional or ethnic dialects and accents can make it difficult to be understood, so it’s important to make every effort to keep them neutral when speaking with others.

Jargon/Slang: conversing with individuals in slang, technical languages, or while cursing can be perplexing and make communication very challenging. Additionally, it might misinterpret and intimidate the other party.

3.1. Explain how people from different backgrounds may use and/or interpret communication methods in different ways

In order to effectively communicate with others, it is crucial to have a solid understanding of their cultural, religious, and ethnic beliefs.

It is important to become familiar with the cultural and religious beliefs of the individuals in your care in order to better understand how to communicate with them and their representatives. This will help ensure that they are treated with dignity and respect. Communication methods can occasionally differ and have different meanings in other cultures. What is customary and acceptable in one culture might be offensive or taboo in another. For instance, in some cultures, physical contact of any kind, including hugs, kisses, and handshakes, between people of different sexes is strictly prohibited. In some cultures, women are also not allowed to speak during the speaking of men unless specifically asked to do so.

A person with autism might find direct eye contact during a conversation to be quite uneasy. Other cultures may be quite quiet and more reserved in their conversation and communication, while some cultures encourage a lot of verbal interaction, and it is a commonplace to be very expressive and loud, which may also involve lots of body language and gesticulations.

Additionally, an individual who has experienced abuse in the past might find it extremely uncomfortable to communicate through physical touches.

It may be challenging for someone who was raised in a setting where talking about the past was frowned upon to open up and discuss their past aspirations and experiences. Some people may make other people feel uneasy or threatened by using such languages because they were raised in an environment where using slang, curse words, and swearing was commonplace, and they are accustomed to doing so in everyday conversation.

Therefore, the following actions can be taken to overcome these cultural and religious backgrounds that might prevent the free flow of communication:

• Use simple language when speaking or writing to someone from a different cultural or religious background, make an effort to keep the conversation simple, direct, and short. Avoid using jargon, slang, curse words, and euphemisms.
• When speaking with someone from a different background, it is a good idea to use paraphrasing and reflective listening techniques. This would make meanings more clear and prevent misunderstandings and erroneous interpretations. This can be useful when using nonverbal communication techniques.
• Be sure to recognise the differences in body language as various forms of physical contacts, such as touching, kissing, and handshakes, are frowned upon in some cultures. This is because different cultures have different beliefs and practices regarding nonverbal communication. Additionally, different cultures have varying degrees of tolerance for touching and respect for personal space. Therefore, it is advised to maintain eye contact and allow for enough space when conversing with people from this background.
• It’s also crucial to communicate while remaining open and accepting of other people’s cultures and beliefs, and to make every effort to respect those beliefs and morals while remaining unintimidated.

3.2 Identify barriers to effective communication

It is crucial to be aware of some of the most common barriers to effective communication and how to reduce or eliminate them. Barriers to effective communication are obstacles that prevent the free flow of communication, making it ineffective.

Among the obstacles to effective communication are:

Medical conditions: Some medical conditions can make it difficult for someone to communicate clearly. This might apply to someone who struggles with learning and needs more time to process information. Examples include people who have had a stroke or a brain injury.

Language: Communication can be very challenging when people speak different languages with strong accents or when they use jargon or slang.

Substance Abuse: Someone who has been intoxicated will be unable to communicate effectively because the effects of the drugs and alcohol may impair their reasoning and cause their speech to become slurred or incoherent.

Emotional: Feelings like fear, anger, sadness, or excitement can make it difficult or impossible to communicate effectively.

Lack of enthusiasm: Without enthusiasm, a conversation can quickly become dull, and the individual involved may grow disinterested.

Talking too much: When the talk is too long or excessive, it’s possible that the listener will become disinterested. The main topic of discussion should be highlighted and made as clear as possible in the conversation or communication.

Lack of preparation or credibility: The listener would lose trust in the speaker as a result, and the communication would be ineffective.

3.5 Explain how to use communication skills to manage complex, sensitive, abusive or challenging situations and behaviours

When managing complicated, sensitive, abusive, or complex situations and behaviours, effective communication is a crucial skill.

Anytime we encounter one of the situations or challenges mentioned above, one must act appropriately by remaining composed, evoking empathy and compassion, being honest and open, maintaining a non-threatening demeanour, and refraining from passing judgment. Examples of such circumstances include cases of abuse, a deaf-blind person who can only communicate through touch, frightening hallucinations experienced by people with schizophrenia, and a person’s frightening emotional state that makes them aggressive and threatening.

The first step is to provide support to the individual by convincing them to move to a safe area where productive communication can start. It is best to have the conversation with the person seated in a quiet, private area if they are agitated or angry. If the subject is talking about an instance of abuse, the listener or care provider should be sympathetic to their situation and reassure the subject that you will do everything in your power to safeguard them and stop a recurrence. Additionally, it is crucial to maintain composure, listen to the person sympathetically, and provide support as needed if they are upset.

Being a good listener, staying focused and undistracted while someone is talking, and displaying a high level of compassion are necessary skills in dealing with such a situation. To avoid misunderstandings, always make sure to repeat back what was said in your own words and ask the person to clarify any points that are unclear or not fully understood. Maintaining an open, honest, and upbeat attitude with a sincere desire to resolve the situation, it is best to avoid exaggerating, overgeneralising or trivialising the situation.

The right tone of voice should be used in such situations because the wrong tone can either exacerbate an already uncomfortable situation or help diffuse it. It is advisable to take a break or time off whenever it is determined that emotions are running high so that everyone can take the time to calm down, gather their thoughts, organise them, and maintain their composure.

To find the best solution or manage the situation successfully, make sure to stay focused on the current situation, avoid making assumptions, and try to assume positive intent. Respecting people helps to boost their self-esteem and morale, so always be mindful of your language, tone, and nonverbal cues when speaking to them.

When someone acts out of anger or directs their emotions at you, don’t take it personally; instead, let them express their feelings while giving them space or time to cool off.

When necessary, try to apologise, but avoid taking responsibility for the problem; instead, express regret for the difficulty or inconvenience you have caused. Do not use others as a target for your aggression or to vent your own feelings.

Empathise with others and make an effort to comprehend the situation from their point of view.

3.6 Explain how to access extra support or services to enable individuals to communicate effectively

It may occasionally be necessary to enlist the help of other professionals in order to communicate effectively. This could mean getting advice or direction from a more seasoned professional colleague or specialist in order to get past obstacles or problems that are preventing communication. The first source of additional support is typically obtained by approaching supervisors, colleagues, those who are receiving support, as well as their relatives, friends, and representatives, for assistance and direction. As required by the situation or conditions, additional assistance may be obtained from other specialists or professionals.

When there is a language barrier, extra assistance may be required in the form of a translator for written communication or an interpreter for oral communication. This is required to communicate effectively with the person in question and to prevent misunderstandings and misperceptions. Where necessary, the use of British Sign Language (BSL) may also be mandated. You can hire a translator or interpreter online, through recommendations from colleagues, or through your municipal authorities.

The assistance of a speech and language therapist can be obtained in the case of individuals who have communication difficulties or disabilities in order to lessen these difficulties, as well as to improve the person’s condition and give them the best care possible. Service from a speech-language therapist may come from the institution’s or organisation’s SLT staff or through a local authority referral.

Local libraries, institutional libraries, and the internet are excellent resources for information on how to deal with people’s communication challenges, including solutions for overcoming them and offering additional support to such people.

Care providers can pursue additional training to hone their communication abilities and assist them in removing these obstacles to effective communication. For instance, they can enrol in BSL and Makaton proficiency courses.

Information about a person’s communication needs and preferences can be gleaned from the person themselves, their family, friends, care plan documents, and colleagues at work.

Utilising technology and devices is another way to solve communication problems and promote efficient communication. To give two examples, consider text-to-speech software for the blind and hearing aids for the hard of hearing. Advocacy services are also used to support people who have trouble speaking up, having their voices heard, and making decisions. The local government may offer advocacy services or they may be obtained by the individual.

3.7 Explain the purposes and principles of independent advocacy

Independent advocacy is a service that enables people to speak up for themselves when they are unable or unwilling to do so. People receiving care services might not always have the comprehension, expertise, or confidence to guarantee that their voices are heard in decisions made about them. The rights of individuals may be promoted and upheld with the help of advocacy services.

An advocate must be independent of the organisation providing the healthcare services in order to represent the individual’s best interests and act in that capacity. to prevent having a conflict of interest.

The role of an advocate is not to make decisions for people based on their personal opinions; rather, an advocate is expected to communicate with the person they are advocating in order to learn about their needs, preferences, and priorities. They are then expected to make sure that these opinions are expressed whenever the person cannot do so themselves and to keep the person up to date on current events. When a decision needs to be made, they should also help the person understand all of the options that are available. This will guarantee that the person makes an informed choice.

Independent advocacy can also play a preventative role and prevent situations from getting worse. It can also help the individuals and groups receiving support to develop the knowledge, confidence, and skills necessary to make decisions and speak up for themselves. Independent advocacy is crucial when people or groups are marginalised, oppressed, or discriminated against. When communication is difficult, or support networks are small, this can occur.

Advocacy should only be used when it is truly necessary, such as when helping to review a person’s care plan, when a person’s rights may be violated when a person is unable to speak for themselves or finds it difficult to do so, or when a person or their family asks for it. If a person is capable of speaking or making decisions for themselves, advocates shouldn’t be used.

Independent advocacy’s guiding principles include:

• Independent advocacy makes sure that people are heard and that their opinions are taken into consideration.
• Independent advocacy fights against injustice, prejudice, and underpowering.
• Independent advocacy is devoted to the person it supports, upholding their beliefs and wishes.
• Many organisations offer advocacy services; some focus on general issues, while others are more focused on specific ones, such as housing or social health care. Some advocacy services are provided for free, while others are provided for a fee.

3.8 Explain when to involve an advocate and how to access advocacy services

To ensure that a person’s rights are upheld, an advocate is required in situations where they need assistance or are at risk or disadvantaged due to a mental illness or a disability. The goals of advocacy in the health and social care sectors are to guarantee that the individual is treated fairly and equally with others and is not at risk of mistreatment or discrimination. The person can make decisions based on the advice given because they are fully aware of their legal rights and how to exercise them. The individual’s voice, viewpoints, and opinions are acknowledged and given due respect.

Individuals who are physically disabled, have limited mobility, or suffer from age-related degenerative diseases like dementia or brain damage need an advocate or advocacy services. Such an individual is incapable of making their own decisions.

Similarly, individuals who have severe learning disabilities or other illnesses or conditions that have affected their cognitive ability need to appoint an Independent Mental Capacity Advocate (IMCA) to help them make decisions about things like medical treatments, accommodations, and safety-related concerns.

An Independent Mental Health Advocate (IMHA) is needed to provide advocacy services to individuals who are detained due to mental health issues in order to access medical records with their consent, make decisions about their care, and appeal those decisions, as well as to make sure their rights and interests are well-protected.

Advocacy services are also necessary if there is no suitable person available who is not being paid or professionally engaged in providing care or treatment to the person or their care provider and who can support and represent the individual’s wishes in care services.

Local authorities are required by law to provide an individual who requires one if the criteria are met. An advocate may be appointed by social services, or a person may appoint one on their own. All across the nation, there are numerous advocacy organisations and services, some of which are paid. You can also find advocacy services online or through a referral from an institution.

4.1 Explain the meaning of the term confidentiality

Respecting an individual’s privacy and refraining from disclosing personal or potentially sensitive information about them to unauthorised parties is what confidentiality refers to, especially when the information has been disclosed in confidence. The obligation of a communication participant to protect the privacy of information shared during communications can also be summed up as confidentiality. Examples of this information include but are not limited to personal history, date of birth, health conditions, family history, etc.

The confidentiality of an individual is a key principle of providing quality care in the health and social care fields, to which carers and medical professionals must strictly adhere. In addition to protecting an individual’s records, confidentiality requires that no information about the individual be revealed to anyone who shouldn’t know or doesn’t absolutely need to know unless the individual has given their prior consent.

Although doing so is a crucial legal obligation, maintaining confidentiality shows the carer, health facility, or institution respect for the person they are caring for and can aid in the development of a trusting relationship.

Although confidentiality is always upheld in social health care services, there are times when it may be broken for the benefit of the patient.

Following are examples of health and social care confidentiality rules:

• All patient records must be kept confidential, with only authorised personnel allowed access to them.
• Medical information should never be discussed outside of the healthcare setting unless absolutely necessary and when it is essential for an individual’s care.
• Any personal or medical data shared by patients during conversations between a doctor/nurse and their patient must remain private and not divulged without permission from that person, even after death, in some circumstances.
• Client health records must not be shared with other healthcare professionals or organisations without the individual’s informed consent.

4.3 Describe the potential tension between maintaining an individual’s confidentiality and disclosing concerns

The need for confidentiality may not always outweigh other considerations, even though it is required by law in the fields of health and social care to protect people receiving care. Following are some situations where revealing information trumps confidentiality:

• In situations where the person’s life is in danger and others could be put in danger.
• In order for a new member of the support staff to work effectively with an individual, it will be necessary to share specific information with them.
• When there is actual or suspected abuse of the person.
• A situation involving financial transactions that may have caused or might cause depression.
• It is not necessary to obtain consent to share personal information with other professionals that could potentially save the life of a person if they are unable to communicate with others (for example, if they are unconscious).
• Upon request from judicial investigators who are looking into an incident and need specific details. Nevertheless, it must adhere to the law.

When such information is revealed, it can cause anxiety and make the recipient feel betrayed and distrusted by the person who made the disclosure. This may cause that individual to be cautious about forthcoming disclosing personal information in the future. The medical professional who discloses this information should be sympathetic toward the patient while also explaining that it is their duty of care to share this information in order to protect the patient and others. A professional should never guarantee to keep a secret; instead, they should state that, in certain situations, it is their duty to disclose the information when/where it is required. Even after the information has been made public and the individual has been made aware of the consequences of not disclosing the information, they must still be informed that it was shared without their consent.

The possibility of sharing specific information, the parties with whom it might be shared, and the circumstances under which confidentiality may be waived must be made clear to the person at the outset.

A high standard of professionalism and ethical responsibility must be upheld by all parties involved in the sharing of information, and they must be aware of the legal and professional repercussions of violating confidentiality as well as those of not doing so..

1.1 Identify legislation and codes of practice that relate to handling information in care settings

Care workers and their institutions interact with a variety of personal information about the individuals they are responsible for caring for while providing social health care services; as a result, they need to be knowledgeable about the most recent laws and industry best practices that apply to the gathering, storing, and sharing of this data. Failure to abide by the laws governing the handling, storing and disclosure of this information could subject them to legal action, a severe fine, and damage to their reputations and ratings.

The following are a few examples of legislation and codes of conduct relating to the handling of information in care settings:

The freedom of information Act(2000): A person may request specific information that is held by public authorities, including the government, police, local authorities, experts, and institutions. Private establishments and organisations are excluded from this. Additionally, it grants the individual the right to know about and view any writing about them. It makes sure that each record is accurate and done properly.

Common law of confidentiality: This is developed through legal reports, precedents, and cases. According to the common law of confidentiality, when personal information is provided, it must be kept private and must not be disclosed unless there is a compelling reason to do so.

Data protection Act 2018: This law emphasises the individual’s right to privacy and encourages organisations to uphold it by requiring that personal data be kept securely, used only for the purposes for which it was collected, accurate, and updated on a regular basis, and securely deleted when no longer required.

The Human Right Act 1998: This emphasises that the rights of individuals must not be violated and that their right to the privacy of their information must always be respected and upheld. It also includes the right of individuals to be treated fairly, with dignity, and respect.

The Health and Social Care Act (2008): This required health and social care organisations and their employees to handle patients and their personal information with respect and dignity and to always protect the handling, storing, and processing of that information.

Code of practice: Although it is not a law, a code of practice provides information on how employees and organisations should conduct themselves in order to follow best practises.

Agreed ways of working: This refers to the established working practices of the employer, including its policies and practices. The ways and procedures your employer expects you to work must always be followed in order to comply with the requirements of the law and best practices. This can be communicated to employees through written documents and or verbal instructions. The process of recording, storing, sharing, and handling individual information, handling policies and procedures, and confidentiality standards should all be included in these agreed-upon ways of working in relation to the handling of information in care settings.

1.2 Summarise the main points of legal requirements and codes of practice for handling information in care settings

Data Protection Act 2018: The 2018 Data Protection Act lays out the legal guidelines that institutions and organizations must follow when handling people’s personal information. The 2018 Data Protection Act’s general principles include;

• Personal information gathered must be sufficient, pertinent, and not excessive, given the intended use.
• Personal information will be handled fairly and legally.
• No longer than is necessary for the purpose for which the personal data was processed.
• Personal information must only be collected for one or more clearly defined legal purposes and must not be used for any other purposes.
• Where and when necessary, personal data must be accurate and kept current.
• Personal data must only be transferred to nations outside the European Economic Area if those nations have adequate data protection laws and policies in place.
• In accordance with this act, personal data processing must respect data subjects’ rights.
• To protect against unauthorised or unlawful processing of personal data by the UN, accidental loss, destruction, or damage to personal data, appropriate technical and organisational measures must be taken.

Common law confidentiality: Although some laws are created by the act of Parliament, the common law of confidentiality is not one of those laws. Instead, it draws from earlier cases and uses them as models for future legal principles and rulings.

The duty of confidentiality required that confidentiality be upheld in all situations where it could be inferred to be appropriate, including when people disclosed personal information to health and social care services. Only with the individual’s consent or when it is permitted by law may personal information be disclosed.

Freedom of information Act 2000: The Freedom of Information Act of 2000 gives people the right to ask government entities, local governments, and other public bodies for information. These entities must either comply with the request or provide a good-faith explanation for why it cannot be shared. This promotes government and public entity accountability and transparency.

Private institutions, businesses, and organisations are not covered by this.

Code of practice: Although it is not a law, this document provides guidelines for conducting business in a manner that is compliant with global best practices.

2.1 Describe features of manual and electronic information storage systems that help ensure security

For record-keeping purposes, a manual information storage system is one that uses paper, physical documents, folders, shelves, cupboards, etc., in a secure location. The paper documentation used by this system for the majority of documentation must be kept in a secure building or room with access restricted to only authorised individuals. All of the cabinets and cupboards where these records are kept must have locks that can only be opened with a key, a digital ID card, an electronic code, or biometrics in order to prevent unauthorised access to them.

As an added precaution against unauthorised access, this should be closely monitored using a multilevel security system, CCTV, and be constantly supervised. In order to prevent the loss and damage of the information stored there, the location must also be fire and water-resistant.

Policies and procedures must be in place to safeguard and ensure that these records are not left in an insecure area or left unattended in public places. Normally, data kept in this secured storage system should not be taken out unless it becomes indispensable.

The contents of these records must be discussed in private settings, with precautions taken to prevent outsiders from hearing what is said, such as closing windows and doors to prevent eavesdropping.

Information that is no longer required must be destroyed in accordance with laws and the employers’ established working procedures.

The advantages of this information storage system include the low risk of electronic failure because it runs without electricity or power. Additionally, there is no chance of a remote data breach. Compared to electronic storage, this method of information storage is less expensive.

The manual information storage system’s major downside is that it takes more time, manual labour, and storage space.

Electronic information storage systems. These entail the use of computers and other electronic devices like hard drives on a secured network server to store data. In accordance with data protection laws, access to this information must be strictly controlled and limited to authorised users who use passwords. No employee may divulge this password to another employee, and anyone accessing this data must make sure to log out or lock the computer with a password they alone know whenever they are leaving it unattended to prevent unauthorised access. To avoid any potential data loss, routine backups should be performed.

Backups need to be kept in a secure location. Software firewalls and antivirus programmes can be used as additional security measures.

Information can be entered and accessed remotely using an electronic storage system, and since the data are stored virtually rather than physically, there is little risk of fire or water destroying or damaging the data.

Due to its reliance on computers and internet networks, this type of information storage system has the significant drawback of being open to hacking attacks from unknown parties.

References

•  BMA. Confidentiality and disclosure of health information. 1999. www.bma.org.uk/ap.nsf/Content/Confidentialitydisclosure
• General Medical Council. Confidentiality: protecting and providing information 2004. www.gmc-uk.org/guidance/current/library/confidentiality.asp
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