1.2 Explain the legal requirements and agreed ways of working for the security and confidentiality of information

Course: NVQ Level 4 Diploma In Health And Social Care (RQF)

Unit 11: Develop, maintain and use records and reports

LO1: Understand the legal and organizational requirements for recording information and providing reports

1.2 Explain the legal requirements and agreed ways of working for the security and confidentiality of information

The legal requirements and agreed ways of working for the security and confidentiality of information are held by an organization to protect sensitive information. It is important that all staff who work in any post which requires them to handle patients’ or clients’ information, must be made aware of these rules.

Confidentiality of information is a fundamental patient right. In order to ensure confidentiality, sensitive information must be properly recorded and stored securely. Information should only be passed on to other care providers who have a legitimate reason for being given that particular piece of information. All employees should be made aware of the rules regarding confidentiality and staff should always work under supervision when dealing with confidential information.

The Data Protection Act and General Data Protection Regulations (GDPR)

The main legislation governing confidentiality is the Data Protection Act 1998. The main purpose of this act was to give individuals more control over how their personal details are used and processed by organizations such as employers, financial institutions, and government agencies.

The Data Protection Act also states that any individual has the right to access all information/data held about them, so they can verify its accuracy.

The act also enables individuals to prevent an organization from holding inaccurate or inappropriate information about them, which they can do by asking the organization to correct the record. The act applies only to information held on computer databases and systems. It does not apply solely to paper records of personal data. The Data Protection Act allows you access to your medical records if it will help in making a decision about your health care or treatment. You can ask for the information included in reports used in decisions relating to your employment (e.g., sickness absence), insurance (e.g., life insurance application), or any other kind of benefit (e.g., income support).

The General Data Protection Regulations (GDPR)

GDPR was first introduced on the 25th of May 2018, with changes coming into place on the 25th of May 2018. These new rules are directly related to data privacy and will replace the 1998 Data Protection Act. The main aim of GDPR is to give citizens back internet privacy control.

The General Data Protection Regulation (GDPR) replaces the EU Data Protection Directive 95/46/EC and was designed to strengthen and unify data protection for all individuals within the European Union.

GDPR is a set of rules designed and enforced by the European Union and covers any business, non-profit, or public sector organization that works with data relating to EU citizens.

This regulation was created as an update to the Data Protection Act 1998. The GDPR extends the existing legislation by giving more control over personal information to individuals within Europe, as well as increasing fines for those who fail to comply with its terms.

The main objectives of GDPR are:

• To give ‘control of personal data back to the individual’
• Make it easier for organizations to manage and access personal information in a more streamlined and effective manner
• Provide a better understanding and training for employees to help them understand both their responsibilities and rights when handling people’s personal data
• To implement proper procedures in order to comply with the final Regulation.

Compliance with these requirements is mandatory and failure could lead to serious penalties which can be either financial or administrative.

Agreed ways of working for the security and confidentiality of information are held by an organization to protect sensitive information. The aim is to help ensure that all staff who come in contact with patients’ confidential records have a good understanding of how they should be handled, stored, transmitted, destroyed, etc., in order to avoid any unauthorized access to information.

Staff training is the responsibility of every organization and it should be given priority so that everyone who works in an organization can work with all confidentiality rules. It also means that employees are aware of their responsibilities when they handle or look at confidential patient data. Many organizations spend many months working on security policies and procedures to ensure patient privacy within the workplace.

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