SL53-Confidentiality and Data Protection (GDPR)-Staff Policy
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Registration Number: {{org_field_registration_no}}
SL53-Confidentiality and Data Protection (GDPR)-Staff Policy
1. Purpose
The purpose of this policy is to ensure that all staff at {{org_field_name}} understand and adhere to their responsibilities regarding the confidentiality of information and compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. This policy is designed to protect the personal and sensitive information of the people we support, staff, and other stakeholders while ensuring that {{org_field_name}} complies with all legal and regulatory obligations.
2. Scope
This policy applies to all staff, including permanent, temporary, agency workers, contractors, and volunteers, who have access to personal and confidential data as part of their role. It covers the collection, storage, processing, sharing, and disposal of personal data in line with GDPR and CQC regulatory requirements.
3. Related Policies
- Person-Centred Care Policy (SL07)
- Safeguarding Adults from Abuse and Improper Treatment Policy (SL13)
- Staff Conduct and Code of Ethics Policy (SL28)
- Whistleblowing (Speaking Up) Policy (SL29)
- Managing Service User Finances Policy (SL41)
4. Policy Statement
{{org_field_name}} is committed to ensuring that personal and sensitive data is managed securely, confidentially, and in compliance with GDPR principles. We respect the privacy of the people we support and our staff, ensuring that all data is processed lawfully, fairly, and transparently.
5. Principles of Data Protection (GDPR Compliance)
Under GDPR, {{org_field_name}} adheres to the following principles when processing personal data:
- Lawfulness, Fairness, and Transparency: Data is processed lawfully, fairly, and transparently with clear communication on its use.
- Purpose Limitation: Data is collected for specific, explicit, and legitimate purposes and not used beyond those stated purposes.
- Data Minimisation: Only necessary data is collected and stored.
- Accuracy: Data is kept accurate and up to date.
- Storage Limitation: Data is kept only for as long as necessary and securely disposed of when no longer required.
- Integrity and Confidentiality: Data is processed in a way that ensures appropriate security, including protection against unauthorised or unlawful processing and accidental loss, destruction, or damage.
6. Handling Personal Data
6.1 Collection of Data
- Personal data should only be collected for legitimate business purposes.
- Individuals must be informed about why their data is being collected and how it will be used.
- Consent must be obtained where required, particularly for sensitive personal data.
6.2 Storing and Securing Data
- Physical records containing personal data must be stored in locked cabinets with controlled access.
- Electronic data must be password-protected and stored on secure servers.
- Staff must not store confidential data on personal devices unless authorised by {{org_field_data_protection_officer_first_name}} {{org_field_data_protection_officer_last_name}}.
6.3 Access to Data
- Only staff with legitimate reasons should access personal data.
- Staff must not share personal data unless authorised and necessary for the delivery of care.
- Access to personal data should be logged and monitored to prevent misuse.
6.4 Sharing Data
- Data should only be shared with third parties (e.g., local authorities, healthcare professionals) when there is a legal basis for doing so.
- When sharing data, staff must ensure:
- Consent has been obtained where necessary.
- Data is transmitted securely, using encryption where appropriate.
- Recipients are informed about their obligations to protect confidentiality.
6.5 Data Breaches
In case of a data breach, staff must:
- Report the incident immediately to {{org_field_data_protection_officer_first_name}} {{org_field_data_protection_officer_last_name}}.
- Follow the Data Breach Response Plan, which includes containment, assessment, and reporting to the Information Commissioner’s Office (ICO) within 72 hours if necessary.
6.6 Retention and Disposal of Data
- Personal data should be retained in accordance with {{org_field_name}}‘s retention schedule.
- Records must be securely shredded or permanently deleted when no longer needed.
7. Staff Responsibilities
- All Staff: Must uphold confidentiality and GDPR principles in their daily work.
- Managers: Ensure compliance within their teams and address breaches appropriately.
- Data Protection Officer (DPO):
- {{org_field_data_protection_officer_first_name}} {{org_field_data_protection_officer_last_name}} is responsible for overseeing data protection compliance and providing training and guidance.
- Acts as the point of contact for the ICO and individuals regarding data protection issues.
8. Confidentiality Agreement
- All staff must sign a Confidentiality Agreement upon induction.
- Breaches of confidentiality may result in disciplinary action, including dismissal.
9. CQC Compliance
This policy aligns with the following CQC regulations:
- Regulation 9: Person-Centred Care – Protecting individuals’ rights to confidentiality in care planning.
- Regulation 10: Dignity and Respect – Ensuring information is handled respectfully.
- Regulation 13: Safeguarding Service Users from Abuse and Improper Treatment – Preventing misuse of personal and financial information.
- Regulation 17: Good Governance – Ensuring compliance with GDPR and maintaining accurate records.
10. Policy Review
This policy will be reviewed annually or sooner if legislative changes, CQC regulations, or operational requirements necessitate amendments.
For further guidance, contact {{org_field_data_protection_officer_first_name}} {{org_field_data_protection_officer_last_name}}, Data Protection Officer at {{org_field_data_protection_officer_email}}.
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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