CHW34-Confidentiality and Data Protection (GDPR)-Service User Policy

Registration Number: {{org_field_registration_no}}

Confidentiality and Data Protection (GDPR)-Service User Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} complies with the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and Care Inspectorate Wales (CIW) regulations to maintain the confidentiality, integrity, and security of service user information. This policy establishes clear procedures for handling personal and sensitive data to protect the rights and privacy of service users while ensuring compliance with legal and regulatory requirements. It outlines the responsibilities of all staff members in safeguarding data and maintaining a high standard of confidentiality within the care home.

2. Scope

This policy applies to all staff, contractors, and volunteers at {{org_field_name}} who have access to personal and sensitive data belonging to service users, their families, or representatives. It covers all records, whether in paper or digital format, ensuring their secure collection, storage, access, sharing, and disposal. The policy also applies to third-party organisations or external professionals who process or handle service user data on behalf of {{org_field_name}}.

3. Principles of Data Protection and Confidentiality

All personal data must be:

Processed lawfully, fairly, and transparently: Service users must be informed of how their data is used through privacy notices.
Collected for specified, explicit, and legitimate purposes: Data must only be used for the purpose for which it was collected and must not be further processed in a manner that is incompatible with those purposes.
Adequate, relevant, and limited: Only the necessary information required for care provision, legal compliance, and safeguarding should be collected.
Accurate and up to date: Service user records must be reviewed and updated regularly to reflect the most accurate and current information.
Stored securely and confidentially: Access to personal data should be restricted to authorised personnel only, and appropriate security measures must be in place.
Retained only as long as necessary: Data should be kept only for as long as legally required or necessary for service provision, after which it must be securely disposed of.
Handled in accordance with individuals’ rights: Service users have the right to access, rectify, or erase their data, and any requests must be handled in a timely and lawful manner.

4. Managing Personal and Sensitive Data

4.1 Collection of Data Data is collected directly from service users, their families, healthcare professionals, and regulatory bodies. This includes personal details, medical history, care preferences, and other relevant information necessary for providing high-quality care. All individuals must be informed of how their data will be processed, and explicit consent must be obtained where required. Information must only be collected when necessary for the provision of care, safeguarding, legal compliance, or regulatory reporting.

4.2 Storage and Security of Data All service user data must be stored securely to prevent unauthorised access, loss, or misuse:

Electronic records must be kept in password-protected systems with role-based access to ensure only authorised individuals can retrieve or modify data.
Paper records must be stored in locked filing cabinets within secure areas, with controlled access granted to designated personnel.
Restricted access: Staff members should only access the information necessary for performing their job roles, following the principle of least privilege.
Regular security audits will be conducted to identify vulnerabilities and implement necessary improvements to data protection measures.

4.3 Sharing and Disclosure of Data Data must only be shared in compliance with GDPR principles:

Care and welfare of service users: Data sharing between healthcare professionals, social workers, and regulatory bodies should be done in the best interests of service users.
Legal and regulatory compliance: Certain disclosures are required by law, such as for safeguarding, court orders, or CIW inspections.
Consent-based sharing: Where required, service users or their legal representatives must provide written consent before data is shared with external parties.
Data minimisation: Only the minimum amount of data necessary for the intended purpose should be shared to protect privacy.

4.4 Breach Management and Reporting A data breach can result in legal consequences and harm to service users. In the event of a breach:

Immediate reporting: Any staff member suspecting a data breach must report it to the Data Protection Officer (DPO) immediately.
Investigation process: A thorough investigation will be conducted to determine the cause, impact, and necessary corrective actions.
Regulatory notification: If the breach poses a risk to individuals, it must be reported to the Information Commissioner’s Office (ICO) within 72 hours.
Service user notification: Affected individuals must be informed if there is a significant risk to their rights and freedoms.
Preventative measures: Post-incident reviews will be conducted to strengthen security and prevent future breaches.

5. Staff Responsibilities and Training

All staff at {{org_field_name}} have a duty to protect the confidentiality and privacy of service users. Staff members must:

Comply with all GDPR and data protection regulations and actively apply the principles of confidentiality in their daily roles.
Complete mandatory data protection training to ensure awareness of legal obligations and security measures.
Report any concerns or suspected breaches to the Data Protection Officer immediately.
Follow correct procedures when handling or transferring personal data to prevent unauthorised disclosure or loss.

6. Service User Rights Under GDPR

Service users have the following rights under GDPR:

Right to be informed: Service users must be provided with clear and transparent information about how their data is collected and processed.
Right of access: Service users can request copies of their personal data and understand how it is being used.
Right to rectification: Incorrect or incomplete data must be corrected promptly.
Right to erasure (“right to be forgotten”): Service users can request the deletion of their data if it is no longer necessary for the purpose it was collected.
Right to restrict processing: Service users can request that their data only be used for specific, limited purposes.
Right to data portability: Service users can request to receive their data in a commonly used format to transfer to another service provider.
Right to object: Service users can object to their data being used for direct marketing or other specific purposes.

7. Compliance and Monitoring

The Data Protection Officer (DPO) is responsible for overseeing data protection compliance at {{org_field_name}}. Regular audits, staff training sessions, and risk assessments will be conducted to ensure compliance with GDPR and CIW regulations. Any non-compliance or breaches will be addressed through corrective measures, and continuous improvements will be made to strengthen data security.

8. Related Policies

This policy should be read in conjunction with:

CHW14 – Receiving and Acting on Complaints Policy
CHW30 – Equality, Diversity, and Inclusion Policy
CHW34 – Confidentiality and Data Protection Policy
CHW35 – Duty of Candour Policy

9. Policy Review

This policy will be reviewed annually or sooner if required due to changes in CIW regulations, GDPR, or operational needs. Updates will be made to reflect legislative changes, advancements in data protection practices, or identified areas for improvement.

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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.