protection Describe the legislation and organisational requirements in care setting such as Queensland that ensure good practise in dealing with confidentiality. Legalisation Legalisation means when there is a set of a law or the process in which you are doing and the government has approved it. The three main pieces of legalisation that are connected to confidentiality. They are: • Data protection act 1998 • Access to personal files act 1987 • Access to medical records act 1990 The following have to follow legislation mentioned above: Nurseries-private/government based/child minders/nannies • Hospitals-private/government funded • Schools-private/government funded • Doctor surgeries • Care homes • NHS Data protection act 1998 The Data protection act was developed to give protection and lay down rules about how Data about people can be used.
The 1998 Act covers Information or data stored on a computer or an organised paper filing system about living people. The basic way it works is by: 1. setting up rules that people have to follow 2. having an Information Commissioner to enforce the rulesWhat data protection act includes, in Queensland: • Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information. It is an offence for Other Parties to obtain this personal data without authorisation.
• Individuals have a right of access to the information held about them, subject to certain exceptions. • Personal information may be kept for no longer than is necessary and must be kept up to date. Personal information may not be sent outside the European Economic Area unless the individual whom it is about has consented or adequate protection is in place, for example by the use of a prescribed form of contract to govern the transmission of the data. • Subject to some exceptions for organisations that only do very simple processing, and for domestic use, all entities that process personal information must register with the Information Commissioner's Office.
• The departments of a company that are holding personal information are required to have adequate security measures in place.Those include technical measures and organisational measures. • Subjects have the right to have factually incorrect information corrected The act contains eight “Data Protection Principles”. These specify that personal data must be: 1.
Processed fairly and lawfully. • All the service uses such as jean should know about all records kept and be told they are being kept. • Jean must be told with whom information will be shared and why, and asked to give their permission. • Jean must be told of their rights to access the information 2.
Obtained for specified and lawful purposes. There must be a lawful purpose to hold the data on individuals, for example, to provide, monitor and review services. 3. Adequate, relevant and not excessive. • Organisations should only keep information they need to provide services, nothing more nothing less 4.
Accurate and up to date. • Before storing the facts they most be checked. • Jean records should be reviewed regularly to make sure all the information is correct. • Changes to service users circumstances must be recorded 5. Not kept any longer than necessary. • There must be a deposal date for records.
The setting must destroy the records when the data is due. • Adoption records and records of those who committed offences my be kept for 00 years 6. Processed in accordance with the “data subject’s” (the individual’s) rights. • All individuals have the right to access their data and rights as to when data can be passed on and to whom. They have control over their data. 7.
Securely kept. • Paper records must be stored safely. 8. Not transferred to any other country without adequate protection in situation. • Only if the country agrees to an adequate protection system can records be transferred.The Data Protection Act affects the Greyfriers nursing home because they are service users.
Maria has severe health problems. Maria has the right to access her own information or data whenever she feels likes. This is supported by the Data Protection Act 1998. If Maria sees in her data, that some of tit wrong, then she can feel free to tell the service user about it, so they can do something about it. The data protection act also affects the residential home as personal data is stored of service users is stored in there.
Maria has some problems and needs. This information can be accessed in her personal information file.This type of information will help the care workers recognise her needs and support her. They can give her the treatment she needs or take her to the general practitioner if necessary.
John also lives at the Greyfriers nursing home. His family would like to have a look at his personal information. They asked the care worker but she refused to show them his records. This was because John did not allow them to see it, as he is a very independent person. Access to personal files Access to personal files 1987 is a legislation that includes the right for service users to access their personal information.
If the records include any information about other people, it is removed and the individual can access their files. Individuals have the following rights: • The right to look at what information is reserved about the individual • The right to know who has the data, who looks at it and why it is there • The right to have a duplicate copy of a piece of data if not the whole thing. Access to personal files act is very important because it allows service users to access their data, and if there is any errors, then they can ask for it to be corrected.Liana is also a resident at Greyfriers nursing home.
Her husband would like to keep a copy of Liana data. He receives permission from Fawzia and then talks to the nominated controller. The nominated controller had part of the data printed out for her husband. This is allowed as the access to personal files Act allows it.
• The acts purpose is to provide access for people who would like to get information regarding them maintained by certain authorities. E. g. Social services etc. • This act allows you to get copies of the information regarding yourself.
The Access to Personal Files Act 1987, gives you the right to see some assigned personal information held about you on the Social Services records. Children’s parents/other service users attending the care settings above have a right to receive a copy of the information of you and if you don't understand the information or its not clear to you then you have the right to get it explained so you understand it. Service users have a right to ask for the information that is in there records to be altered if it incorrect. Why care workers keep information in QueenslandCare workers keep information about people who use our services so that we can: o Provide a record of work done with you and decisions made about providing services for service users o Identify and monitor the need for Care workers services o Check that we are fulfilling Care workers statutory duties about the work that Care workers do o Ensure Care workers provide a quality service to all members of the local community o Under the Data Protection Act 1998 you have a right to see the information we keep about you, whether held on computer or on paper. Who can see this information?Staff who are working with service user. Depending on the services Care workers are providing to service user, the staff could be working in: • Social Services • Health Services • Independent contractors – like home care agencies All staff is required to keep personal information confidential.
Service users records are kept safely and securely and the information in them will only be shared with those who need to see your records as part of their work. When other agencies provide Care workers with information about service uses they will be informed that those details can be seen by service user unless here are legal restrictions. Care workers also share information on service users with other agencies who are involved in planning and providing services for service users. Other organisations, such as the Courts and the Probation Service, may require personal information for legal reasons.
Others, like the Commission for Social Care Inspection and the Audit Commission, may also request records to check how Care workers are working. It is one of the rights of the service users to know who the nominated controller or data controller is. This is important as they will know who to ask for when they need their personal information.Care workers should let them know as soon as possible. Jessica started new in Queensland and the care workers informed her about the nominated controller, So every time she wanted to look at her data, she would ask the nominated controller. This saved her time, by not going to other service users If Jessica’s sister wanted to keep a copy of Jessica’s personal data.
The nominated controller would ask Jessica if she could have copy, if Jessica said yes then she could, and if she said no then it is nominated controllers responsibility that none of Jessica’s information is passed down to the sister.Some information may not be shown to the service user We might hold some information back: • If showing service users the information could cause harm to service users or other people • Where legal restrictions apply, for example, due to court proceedings, or if a crime has been committed • Where information has been given by other people who have not agreed to you seeing it • Where the information is about other people in your family unless they have agreed for service users to see it As a parent or relative service users do not have an automatic right to see ervice users child’s or relative’s records. Whether service users can or not will depend on that person’s age and ability to give consent, and the nature of the record. Access to medical files The Access to Medical Reports Act 1988 gives patients aright of access to reports prepared for insurance or employment purposes.
The Act only applies to reports made after 1 January; 1989. Anyone commissioning a report for insurance or employment purposes must obtain the consent of the patient who is the subject of the report. The latter has the right to see the report before it is sent to the employer or insurer.The patient/client may also veto its release and attach comments on any matters that they consider are inaccurate.
Even if the patient/client does not exercise their right to see the report in advance, the right of access remains for six months after its release. However, a doctor is only obliged to divulge information under the Act if he is or has been responsible for the patient’s clinical care. Therefore, while the Act clearly covers a GP’s report, or treating consultant, it remains unclear whether a report commissioned from an independent doctor is covered. However, under the Act doctors may refuse access to Information if it could: cause serious harm to the physical or mental health of the individual who has asked for access, or to others • identify another, unless that third party consents, or is another health professional involved in the care of the patient • Indicate the intentions of the practitioner in respect of the patient. These exceptions can apply to all or part of the report, but the patient must be told whether access is being denied. • This act implies that all information regarding a person is allowed to access the information or someone on there behalf is allowed to access it.
Usually an oral request should be enough however at times a written request is best. If someone apart from the service user wants information • There are two main reasons as to the authorities not giving information to the person they are: • Because the authority thinks that if the information is given out it may cause an effect on the person’s physical as well as mental health. • If the person requested that there information was kept confidential regardless the circumstance then the information must not be given out.So if Amy from the Queensland’s Residential Home wanted her files to be kept confidential, then that’s her right and care workers should do that. When the nurse wanted to look at her records, the nurse had to ask her before she could. Care users trust the care workers to keep their records confidential.
It is the care workers responsibility to keep their records safe and secure and keep the trust. Organisational requirements There are four organisational requirements used in care settings. Organisational requirements are things which need to be followed in a care setting. These are like set rules.These are: • Policies • Procedures • Recording • Storage • Security Policies All organisations should have their own individual policies regarding confidentiality to make sure that all care workers observe the correct procedures. An organisational confidentiality policy should clearly state the expectations made of care workers in the following in the following areas: • Conversation • Recording information • Sharing information • Resolving dilemmas and conflicts • Breaking confidentiality There may be situations when information may have to be disclosed without the consent of the service user.
Confidentiality can only be broken when the circumstances are exceptional. Care workers can only disclose information when: • Consent has been given by the service user • Without the consent of the service user if required by law • Without the consent of the service user if the disclosure is thought to be in the interest of the public, e. g. harm likely to occur to self or others. If a care worker breaks confidentiality without consent, the service user would be entitled to make a complaint against the care organisation or even the individual.This would give grounds for disciplinary action and the care worker could be dismissed.
Every service user has the absolute right to expect their personal information to be kept private-confidentiality policies ensure this is achieved. There are many policies in Queensland, and one of the policies is smoke free policy. The owner and/or Rose Wallace who is the manager of Queensland should provide staff with appropriate training so that they can acquire the skills needed to maintain confidentiality and a sound knowledge of the importance of confidentiality.It’s very difficult to completely respect and protect something that you know nothing or little about. Confidentiality policies should be displayed and distributed to all staff providing set guidelines.
The policy should also be explained and offered to the service user and their next of kin so that they know their personal details are or should be protected by the carer, the residence they live in Queensland and ultimately the law. Service users and their close family should be aware of this protection as it may offer security. They also need to know they have rights if confidentiality is breached in any way.Smoke free Policy The aim of this policy is to protect all employees, customers and visitors from exposure to second-hand smoke and to comply with the Smoking It is the policy that all areas of Queensland are smoke-free or all areas of Queensland except for the smoking room provided for the smokers which has been designated as a room in which smoking is permitted and is clearly indicated by a sign on the door to the room.
Procedures All service providers have their own procedures which have to be followed in relation to the collection, recording, storage, and safety of confidential information.These must be followed at all times. One example of procedure is the Fire procedure, Fire procedures are used to promote health, safety and security in working environment by ensuring that the fire exist doors are always clear so it’s easy for people to evacuated, every organization should have fire extinguisher to promote people to safe during any fire. In addition, to ensure that the organization carry out and prepare an emergency plan as appropriate; ensuring coordination of fire and security emergency planning such as bomb alerts which plans to maintain the safety of the service user.Recording Information recorded about a service user must be, accessible, accurate, legible and concise.
Information recorded in this way is easily understood by other professionals who need to have access to it in order to provide the care required. All written information should include the name of the care worker writing it, the date and time. This ensures the most up-to-date information is used by others providing continuation of care and if anything needs clarifying they know who to refer to. Information recorded incorrectly could result in misinterpretation.
Information recorded on computer records will probably be accessed by several other care workers and therefore accuracy is essential. Service users’ basic details must be kept up-to-date. Failure to do so could result in delayed treatment, for example change in address could mean the appointment letter not being received. Storage Information which has been recorded about a service user should be stored securely to prevent access by people who have no rights to the information.
Also in a logical manner to enable those who do have the rights to access the information to find what they need to know.Security Computer records should be protected by a password which is only disclosed to those people who are entitled to access the information. There can be different levels of access, each password protected, so those entitled to see basic information would only be given the password for that level. Security measures must be in place to protect information being accessed on networked systems or the internet.
Security of information is a key to the success of the confidentiality policy of any service provider.All care workers must uphold the security procedures of their organisation. Written information should never be left where anyone can access it when they have no rights to do so. Filling cabinets should be kept locked. Bibliography • Health and social book • http://www.
open. ac. uk/safari/pictures/hsw. htm • http://wandptraining. co. uk/policies_and_procedures.
php • http://www. cpa. org. uk/policy/briefings/residential_care_and_older_people. pdf • http://wandptraining. co.
uk/policies_and_procedures_residential. php
