1.1 Identify legislation and codes of practice that relate to handling information in care setting.
There are several pieces of legislation and codes of practice that relate to handling information in a care setting. These include:
The General Data Protection Regulation (GDPR): This is a European Union (EU) regulation that sets out the rights of individuals and the obligations of organisations with regard to the processing of personal data. It applies to any organisation that processes the personal data of individuals within the EU, regardless of where the organisation is based. The GDPR establishes a number of rights for individuals, including the right to be informed about how their data is being used, the right to access their data, and the right to have their data erased. It also requires organisations to take appropriate measures to protect personal data from unauthorised access, use, disclosure, or destruction.
The Data Protection Act (DPA): This is a UK law that sets out the principles that organisations must follow when they process personal data. It applies to any organisation that processes personal data, including care settings. The DPA requires organisations to have a legal basis for personal processing data, to use personal data fairly and lawfully, and to protect personal data from unauthorised access, use, or disclosure. It also gives individuals the right to access their data and to have their data erased.
The Caldicott Principles: This is a set of principles created by Dame Fiona Caldicott, which govern how personal data should be collected and used in healthcare settings. The seven key principles are:
- Justify the purposes for which you are using confidential information.
- Don’t use confidential information unless it is absolutely necessary.
- Use the minimum necessary confidential information.
- Access to confidential information should be on a strict need-to-know basis.
- Everyone with access to confidential information must be aware of their responsibilities.
- Comply with the Data Protection Act and other relevant legislation.
- The duty to share information can be as important as the duty to protect patient confidentiality.
The Caldicott Principles provide guidance on how to balance the need to protect patient confidentiality with the need to share information in order to provide the best possible care. They are designed to help healthcare professionals make informed decisions about when it is appropriate to share patient information and to ensure that patient information is handled in a way that is consistent with the principles of confidentiality, data protection, and good governance.
The Care Quality Commission (CQC) is a UK regulator that sets standards for the quality of care provided by care settings. The CQC has a code of conduct that sets out the expectations for how care settings should handle information. The code requires care settings to have appropriate systems in place to protect the confidentiality, security, and integrity of information and to ensure that information is only used for the purposes for which it was collected.
The National Institute for Health and Care Excellence (NICE) is a UK organisation that provides guidance on the quality of care provided by care settings. NICE has published a number of guidelines on the handling of information in care settings, including guidelines on the management of information in social care and the management of information in primary care. These guidelines provide guidance on the principles that care settings should follow when handling information, including the importance of maintaining confidentiality, ensuring the accuracy and completeness of information, and protecting information from unauthorised access or disclosure.
The Human Rights Act: This act sets out the fundamental rights and freedoms that are protected in the UK. It includes the right to respect for private and family life, which includes the right to have personal information protected.
The NHS Code of Confidentiality: This code sets out the principles and standards that should be followed when handling patient information within the NHS. It covers issues such as consent, confidentiality, data protection, and the sharing of information.
In summary, there are a number of laws and codes of practice that relate to handling information in a care setting. These laws and codes establish the rights of individuals and the obligations of organisations with regard to the processing of personal data and set out the expectations for how care settings should handle information in order to protect the confidentiality, security, and integrity of the information.
Other answers in the full document:
- 1.2 Summarise the main points of legal requirements and codes of practice for handling information in care settings
- 2.1 Describe features of manual and electronic information storage systems that help ensure security