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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Confidentiality and Data Protection (GDPR)-Staff Policy

1. Purpose and Scope

The purpose of this policy is to outline how {{org_field_name}} ensures the confidentiality and protection of personal data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. This policy applies to all staff members, including permanent, temporary, agency workers, contractors, and volunteers, ensuring they understand their obligations in handling confidential information.

This policy covers all personal data relating to service users, staff, and other stakeholders, whether held electronically, on paper, or through other means. It ensures that data is processed lawfully, fairly, and securely to protect individuals’ rights and uphold the integrity of our care services.

2. Policy Statement

{{org_field_name}} is committed to:

• Protecting the confidentiality of all personal and sensitive information.
• Ensuring data processing aligns with GDPR principles.
• Promoting a culture of respect for privacy.
• Implementing robust systems for data management and security.
• Providing staff with clear guidance and training on data protection.

We believe that safeguarding confidentiality is essential for building trust with service users and maintaining high-quality care standards.

3. Legal and Regulatory Framework

This policy aligns with the following legislation and guidelines:

• General Data Protection Regulation (GDPR) 2018
• Data Protection Act 2018
• Health and Social Care Act 2008
• Caldicott Principles
• Care Quality Commission (CQC) Regulations
• Freedom of Information Act 2000

4. Key Definitions

• Personal Data: Information that identifies an individual, such as name, address, and health details.
• Sensitive Personal Data: Special category data, including health, racial, religious, or biometric information.
• Data Subject: An individual whose personal data is processed.
• Data Controller: The organisation responsible for determining how personal data is processed.
• Data Processor: An individual or entity that processes data on behalf of the Data Controller.
• Processing: Any action performed on data, including collection, storage, sharing, or deletion.

5. GDPR Principles

We adhere to the six principles of GDPR when processing personal data:

1. Lawfulness, Fairness, and Transparency: Data is processed lawfully, fairly, and openly.
2. Purpose Limitation: Data is collected for specified, legitimate purposes.
3. Data Minimisation: Only necessary data is collected and processed.
4. Accuracy: Personal data is kept accurate and up to date.
5. Storage Limitation: Data is retained only as long as necessary.
6. Integrity and Confidentiality: Data is protected against unauthorised access and loss.

6. Responsibilities and Accountability

• Data Controller: {{org_field_name}} acts as the Data Controller, ensuring data processing complies with GDPR.
• Data Protection Officer (DPO): The DPO oversees data protection practices, conducts audits, and handles data breaches.
• Staff Members: All staff must:
  • Handle personal data confidentially.
  • Complete GDPR training.
  • Report data breaches immediately.

7. Data Collection and Processing

We collect personal data for:

• Delivering safe and effective care.
• Managing staff records.
• Complying with regulatory requirements.

Data is collected through consent forms, care plans, employment documents, and digital platforms. Staff must:

• Obtain consent before collecting data.
• Explain the purpose of data collection.
• Avoid excessive data collection.

8. Confidentiality in Practice

To maintain confidentiality, staff must:

• Keep paper records in locked cabinets.
• Use password-protected systems for electronic data.
• Avoid discussing confidential matters in public areas.
• Share information on a need-to-know basis only.

9. Information Sharing

Data is shared only when necessary and in line with GDPR principles. This includes:

• With health professionals for care purposes.
• With regulators like the CQC for inspections.
• When legally required (e.g., safeguarding concerns).

Consent is sought before sharing personal data, unless the law requires otherwise.

10. Data Security Measures

We implement the following security measures:

• Physical Security: Locked filing cabinets and restricted office access.
• Digital Security: Password protection, encryption, and firewalls.
• Access Control: Role-based access to sensitive information.
• Regular Audits: Periodic checks to ensure compliance.

11. Staff Training and Awareness

All staff receive GDPR training during induction and annual refreshers. Training covers:

• Recognising personal and sensitive data.
• Proper handling and storage of data.
• Identifying and reporting data breaches.

12. Data Subject Rights

Under GDPR, individuals have the right to:

• Access: Request copies of their data.
• Rectification: Request corrections to inaccurate data.
• Erasure: Request deletion of their data (“right to be forgotten”).
• Restriction: Limit how their data is processed.
• Objection: Object to data processing.
• Data Portability: Transfer data to another service provider.

Staff must promptly escalate requests to the Data Protection Officer.

13. Data Retention and Disposal

Data is retained only as long as necessary for care delivery, legal obligations, and quality assurance. Retention periods include:

• Service user records: 7 years after service ends.
• Staff records: 6 years after employment ends.
• Incident reports: 10 years.

Secure disposal methods include shredding paper records and permanent deletion of electronic files.

14. Data Breach Management

A data breach involves unauthorised access, disclosure, or loss of personal data. In case of a breach:

1. Staff report the incident to the DPO immediately.
2. The DPO investigates and assesses the risk.
3. If high risk, the ICO and affected individuals are notified within 72 hours.
4. Mitigation measures are implemented to prevent recurrence.

15. Monitoring and Compliance

We ensure GDPR compliance through:

• Regular audits and risk assessments.
• Staff training and refreshers.
• Policies and procedures updated annually.

Non-compliance may result in disciplinary action, regulatory fines, or legal consequences.

16. Whistleblowing and Reporting Concerns

Staff are encouraged to report concerns about data protection breaches through our whistleblowing policy. Reports can be made to the Data Protection Officer, Registered Manager, or external authorities.

17. Third-Party Data Processors

When outsourcing data processing, we ensure third parties:

• Comply with GDPR requirements.
• Sign data processing agreements.
• Implement robust data security measures.

18. Policy Review

This policy is reviewed annually or sooner if legislative changes occur. Staff are notified of updates, and training is provided accordingly.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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