Confidentiality Policy
|
Hambleton & Richmondshire Advocacy |
Data Protection and Confidential Information Policy
1. Policy Statement
Hambleton and Richmondshire Advocacy respects the rights of the individual with regard to confidential information and the right to privacy. It is also committed to being a responsible user of personal data ensuring the relevant legislation is adhered to at all times.
The purpose of this policy is to ensure all employees and volunteers are aware of the guidelines on the handling of information within Hambleton and Richmondshire Advocacy and to set out the limits and boundaries of confidentiality and ensure everyone involved understands Hambleton and Richmondshire Advocacy’s duties in this respect.
All employees and volunteers have a responsibility to be aware of, and follow, these guidelines (including Hambleton and Richmondshire Advocacy’s Record Keeping Policy). Any breach may render employees liable to disciplinary action, including dismissal for gross misconduct, or in the case of Volunteers, termination of our agreement.
2. Data Protection – An Overview
The Data Protection Act 1998 sets out the legal standards for the use of personal information and how it may be obtained, held or disclosed and provides protection for employees, volunteers, clients and ex-clients.
H&R Advocacy is registered with the Data Protection Register and adheres to its obligations. Breach of the Data Protection Act can result in a personal liability for employees and volunteers as well as, or instead of, a liability for H&R Advocacy.
2.1 Core Principles
The Act sets out 8 core principles, which state:
- Personal data must be processed fairly and lawfully
- Personal data must be obtained only for one or more specified and lawful purpose and must not be processed in a manner incompatible with that purpose
- Personal data must be adequate, relevant and not excessive in relation to the purpose for which it is processed
- Personal data must be accurate and where necessary, kept up to date
- Personal data processed for any purpose must not be kept for longer than is necessary for that purpose
- Personal data must be processed in accordance with the data subject’s rights under the Act
- Appropriate technical and organisational measures must be taken against unauthorised or unlawful processing of personal data, and against accidental loss or destruction of, or damage, to personal data
- Personal data must 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 processing personal data.
2.2 Personal Data
Personal information is defined as data, which relates to a living individual. By way of an example, but without limitation, it includes the names and addresses of employees, details of next of kin and records on performance and training at work. It also includes clients’ personal information.
If personal data relating to a client, ex-client, volunteer or employee is being used, there is a responsibility to treat the information with utmost care and discretion and not disclose it to any unauthorised person. H&R Advocacy’s Record Keeping Policy, which sets out the policy and procedure on record keeping including dealing with client assessment records and must be adhered to. If in doubt advice must be sought from a line manager or director.
3. Processing of Personal Data
3.1 What Personal Data do we hold and why?
Personal information on employees, volunteers and clients in computer systems and paper records is held and processed. This data is used in connection with our business. Only personal information, which is required for business or legal reasons, is retained. Data is kept to the minimum required and every effort is made to ensure that it is kept accurate, up to date and secure.
Any change to personal details or circumstances must be passed on to the Manager to assist H&R Advocacy in maintaining up to date records.
3.2 Sensitive Personal Data
Some of the data processed by H&R Advocacy on employees, volunteers and clients may be sensitive personal data. This would normally relate to health but may include information relating to criminal convictions. Such data is processed for purposes relating to health and safety or if necessary, for H&R Advocacy’s business and employment matters. It will not be disclosed to persons other than H&R Advocacy except in connection with legal advice or proceedings or to regulatory bodies.
3.3 Protection of Personal Information
Personal information will not be released to outside agencies without consent except where this is required by legislation, for example, for social security or tax purposes or in emergency situations where it is in the interests of health and safety. H&R Advocacy will also respond to reference requests from employers unless the manager is notified in writing otherwise.
Consent to H&R Advocacy to process personal data as set out in this policy is automatically given unless we are advised accordingly.
4. Confidential Information
4.1 General Obligations
In the course of employment, employees and volunteers may have access to, and be entrusted with, information of a confidential nature relating to the affairs, dealings and services of H&R Advocacy, its clients, ex-clients, employees, volunteers and third parties.
Information is considered confidential if it is commercially sensitive information, relates to information given by or about any person seeking the assistance of H&R Advocacy or not available to the public at large.
Due to the nature of the environment and the support given, it is important to recognise confidentiality is between a client and H&R Advocacy, and not between the client and an individual employee or volunteer. At times it is essential to share information within a support team to ensure continuity of support.
At no time should an employee disclose or communicate to any other person (other than in the proper performance of duties or when properly authorised by H&R Advocacy), or use for their own purposes, or for purposes other than H&R Advocacy, any of the confidential information relating to H&R Advocacy, it’s employees, volunteers, clients, ex-clients or third parties which may have been received or obtained during the course of employment or association.
If there is any doubt about confidentiality the matter should be discussed with the manager.
4.2 Exceptions
H&R Advocacy recognises there may be exceptions when confidentiality cannot be maintained to protect H&R Advocacy and individuals, including clients.
Circumstances in which confidentiality may or will not be maintained include illegal acts, suicide threats, violence or where there is a risk to an individual’s health, safety or welfare including a serious risk of harm to an individual. In such circumstances the matter will be discussed with the appropriate manager or director and an appropriate course of action will be agreed. The individual will be informed where possible and be encouraged to participate fully in the process where appropriate.
Information relating to an individual can only be withheld from that individual for a specific reason such as information about, or from, a third party, or information that is subject to legal privilege.
5. Access to Personal Records
Patients, employees and volunteers have the right to ask to see the details of personal data concerning them that is held by us, and to receive copies of requested documents.
There is no obligation to supply any information if such disclosure would disclose information on another person, unless this individual has agreed to the disclosure, or it is reasonable in the circumstances to grant the request without this person’s consent by deleting the information that would reveal their identification.
Requests to access personal data held on file must be in writing to the Manager, along with details of any specific documents to be copied.
This information will be provided as soon as reasonably possible but no later than 40 days from the date of the written request.
Date: May 2010
Registered Charity Number 1048994
