DATA PROTECTION AND CONFIDENTIALITY POLICY

1.1WHO WE ARE

Woke Healthcare Ltd

Our website address is: https://wokehealthcare.com

Registered office: Suite 3B Victoria Hall, 286 Rawlinson Street, Barrow-in-Furness, LA14 1BX, United Kingdom

 

Woke Healthcare Ltd recognises that we have a duty of confidentiality to our Service Users and staff. We believe that respecting an individual’s right to a private life, which includes confidentiality, is important in ensuring a trusting, caring and supportive environment where both Service Users and staff are confident that information about them will be protected safely and not shared inappropriately or unnecessarily.

 

It is the policy of Woke Healthcare Ltd that we will only share information that is in the best interest of the Service Users and with their consent. Sharing of information will be carried out in line with the UK General Data Protection Regulation (UK GDPR), Data Protection Act 2018, Mental Capacity Act and Best Interests policies and procedures at Woke Healthcare Ltd.

 

We aim to comply with the relevant legislation and include the Caldicott Principles.

 

1.2 Caldecott guardian

Woke Healthcare Ltd understands its obligations to appoint a Caldicott Guardian in line with guidance from the National Data Guardian for Health and Social Care.Further information is available in the Caldicott Guardian Policy and Procedure.

 

1.3 core principles of confidentiality

  •  All staff will ensure that all Service User information remains confidential. Service Users have the right to expect that personal information held about them is not accessed, used or disclosed improperly.
  • The same duty of confidentiality applies to personal information about staff with the exception of names and job titles. Information about Directors, which is published, and therefore is a matter of public record, is also excepted.
  •  All staff have the individual responsibility for ensuring that they conform to the Caldicott principles, UK GDPR, Data Protection Act (DPA) 2018 and Article 8 Human Rights Act (HRA) 1998.
  • Staff must not inappropriately access, misuse or share any information or allow others to do so. Staff are personally liable for deliberate or reckless breaches of the UK GDPR, Data Protection Act and may be liable to disciplinary action and/or prosecution.
  • Any personal information given or received in confidence for one purpose may not generally be used for a different purpose, or passed to anyone else without the consent of the provider of the information.

1.4The Position of Woke Healthcare Ltd on Confidentiality

  • We will share with Service Users, their families and their carers, as far as the law allows, the information they want or need to know about their health, care and ongoing treatment, sensitively and in a way that they can understand.
  • Confidential information will not be used for a different purpose or passed on to anyone else without the consent of the information provider.
  • There may be occasions when it could be detrimental to the Service User or to another individual if this principle is strictly adhered to.
  • There is a recognition that breaches of confidence are often unintentional. They are often caused by staff conversations being overheard, by files being left unattended, or by poor computer security. However, the consequences could be equally serious for all concerned.
  • Woke Healthcare Ltd will ensure that personally identifiable information will always be held securely and, when used, treated with respect. This rule will apply regardless of where the information is held.
  • Although the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act no longer applies to identifiable data that relate to a person once they have died, we respect that any duty of confidence established prior to death continues after a Service User has died.
  • All information regarding the Service Users we support will be treated with respect and integrity.
  • We will be transparent in our approach to ensure that anyone associated with Woke Healthcare Ltd (whether Service User, staff or visitor) is fully aware of how, what, when, who and why we share any information about them and source their agreement before doing so.

1.5 professional code

All relevant staff will be bound by their professional code of ethics issued by their relevant licensing body, such as the General Medical Council, The Nursing and Midwifery Council and the Royal Pharmaceutical Society. Care Workers will follow the Skills for Care Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England.

 

1.6 staff contract

All staff must sign a confidentiality agreement as part of their contract of employment (a template can be found within the forms section of this policy). The confidentiality agreement also extends to agency and contract workers.

 

1.7 responsibilities – registered manager

  • Ensuring that systems and processes are in place for the security of records and they are reviewed to ensure that they remain fit for purpose.
  • Ensuring that all staff understand this policy at the start of employment and that its importance is reiterated during supervision or team meetings.
  • Ensuring that staff have received the appropriate training and are competent in their role.
  • Reviewing, monitoring and auditing practice within Woke Healthcare Ltd to ensure that staff remain knowledgeable.
  • Acting on any breaches in confidentiality in a timely manner and notifying the appropriate bodies.
  • Ensuring that confidentiality rules are never used as a barrier to sharing appropriate information and fulfilling Duty of Candour obligations.

1.8 responsibilities – all staff will ensure the following:

  •  That information received is effectively protected against improper disclosure when it is received, stored, transmitted and disposed of.
  • That confidential information is only accessed if it is appropriate to the job you undertake.
  • That every effort is made to ensure that Service Users understand how information about them will be used before they supply any confidential information.
  • That when Service Users give consent to the disclosure of information about them, they understand what will be disclosed, the reasons for disclosure and the likely consequence/s.
  • That Service Users understand when information about them is likely to be disclosed to others, and that they have the opportunity to withhold their permission.
  • If disclosing information outside the team that could have personal consequences for the Service User, that consent is obtained from the Service User.
  • If the Service User withholds consent, or if consent cannot be obtained for whatever reason, disclosures may be made only where:
    • They can be justified in the public interest (usually where disclosure is essential to protect the Service User or someone else from the risk of significant harm)
    • They are required by law or by order of a court
  • If required to disclose confidential information, staff will only release as much information as is necessary for the purpose.
  • That the person(s) to whom information is disclosed understands that it is given to them in confidence which they must respect.
  • When disclosing confidential information, staff must be prepared to explain and justify the decision. Where there are doubts, they will discuss them with Viola Nyamutswa.
  • Queries concerning this policy will be brought to the attention of Viola Nyamutswa.
  • During the induction period for new staff, they will be made aware of this policy and their individual responsibilities.

queries

Any questions regarding our policy can be addressed by emailing admin@wokehealthcare.com