SL136-Sharing Information with 3rd Party Organisations Policy

Registration Number: {{org_field_registration_no}}

Sharing Information with 3rd Party Organisations Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} manages the sharing of information with third-party organisations in a lawful, ethical, and efficient manner. Information sharing is an essential part of delivering high-quality care and ensuring the safety, welfare, and rights of service users.

This policy ensures compliance with Care Quality Commission (CQC) regulations, General Data Protection Regulation (GDPR) 2018, Data Protection Act 2018, and Caldicott Principles. It sets out how {{org_field_name}} shares service user data with healthcare providers, local authorities, commissioners, regulatory bodies, and other authorised agencies while maintaining confidentiality, data security, and transparency.

2. Scope

This policy applies to all staff, including permanent employees, agency workers, contractors, and volunteers who may be involved in sharing information with third-party organisations. It covers:

Types of third-party organisations involved
Legal and regulatory compliance
Guidelines for data sharing
Consent and confidentiality procedures
Risk assessments and safeguarding considerations
Emergency information sharing
Training and monitoring responsibilities

3. Legal and Regulatory Compliance

3.1 CQC Regulations

CQC Regulation 17 – Good Governance requires providers to maintain accurate, complete, and contemporaneous records about service users, ensuring that information is accessible and shared appropriately.
CQC Regulation 13 – Safeguarding mandates information sharing to protect service users from abuse and harm.

3.2 GDPR and Data Protection Act 2018

Personal data must be processed lawfully, fairly, and transparently.
Data must be collected for specific, legitimate purposes and not further processed in a manner incompatible with those purposes.
The minimum necessary information should be shared to achieve the intended purpose.
Data must be accurate, up-to-date, and securely stored.
Individuals have the right to access, correct, and restrict processing of their data.

3.3 Caldicott Principles

Principle 1: Justify the purpose – Information sharing must have a clear and lawful purpose.
Principle 2: Use only when necessary – Data should not be shared unless essential.
Principle 3: Use the minimum required information – Excessive data must not be shared.
Principle 4: Access should be limited to those who need it – Only authorised personnel should handle information.
Principle 5: Understand and comply with the law – All staff must follow GDPR and Data Protection regulations.
Principle 6: Duty to share information can be as important as duty to protect confidentiality – When necessary for safeguarding, information must be shared.

4. Types of Third-Party Organisations We Share Information With

NHS Trusts and Healthcare Professionals – Sharing of medical records for ongoing treatment and coordination of care.
Local Authorities and Social Services – Sharing care plans and safeguarding reports as required by law.
Regulatory Bodies (CQC, Information Commissioner’s Office) – Providing compliance data and responding to regulatory inquiries.
Emergency Services – Providing critical information to paramedics, police, or fire services during an emergency.
Commissioners and Funders – Sharing service user data for funding approvals and service evaluations.
Advocacy Organisations and Legal Representatives – Supporting service users with legal processes.
Family Members and Next of Kin – Information sharing with explicit consent or in best interest decision-making.
External Contractors (e.g., IT providers, data processors) – Ensuring secure handling of electronic records and IT system management.

5. Guidelines for Information Sharing

5.1 Justification and Documentation

Information sharing must be necessary, proportionate, and relevant.
Requests must be formally documented, specifying the purpose of sharing.
A data-sharing agreement (DSA) must be in place with external organisations that regularly receive information.
Any shared data must be recorded in service user files, including the date, recipient, and justification.

5.2 Obtaining Consent

Explicit consent must be obtained from service users before sharing personal data, except where legally required.
If the service user lacks capacity, decisions must align with the Mental Capacity Act 2005 and best interest principles.
Consent must be informed, freely given, and documented, and service users have the right to withdraw consent at any time.

5.3 Confidentiality and Security

Only authorised personnel are permitted to share service user information.
Secure methods such as encrypted emails, secure portals, or hand-delivered documentation must be used.
Paper records must be stored securely, with access restricted to authorised individuals.
Data breaches must be reported immediately to the Data Protection Officer (DPO).

6. Safeguarding and Risk Management

6.1 Safeguarding Concerns

If there is a safeguarding risk, information must be shared without consent if necessary to protect the individual from harm.
All disclosures must be in line with local safeguarding board protocols and reported to the Designated Safeguarding Lead (DSL).
Any concerns must be documented in an incident report.

6.2 Risk Assessments

Before sharing information, a risk assessment must be conducted to evaluate potential data security risks.
Staff must consider whether sharing might expose service users to risk (e.g., disclosing sensitive locations to unsafe individuals).

7. Emergency Information Sharing

In emergencies, staff are permitted to share information without consent if it is necessary to prevent immediate harm.
Details must be recorded as soon as possible, outlining what information was shared, to whom, and why.
Emergency disclosures must be proportionate and limited to essential information only.

8. Staff Training and Responsibilities

8.1 Training and Awareness

All staff must complete annual GDPR and data protection training.
Staff handling service user data must receive additional training on safe information-sharing practices.
Line managers must ensure staff understand the legal framework governing data sharing.

8.2 Monitoring and Compliance

Regular audits are conducted to ensure compliance with data-sharing protocols.
Non-compliance may result in disciplinary action and must be reported to senior management.
Lessons from incidents and breaches inform policy updates and staff training improvements.

9. Related Policies

This policy should be read in conjunction with:

SL02 – Confidentiality and Data Protection Policy
SL07 – Safeguarding Policy
SL13 – Incident Reporting and Risk Assessment Policy
SL19 – IT and Cybersecurity Policy
SL25 – Complaints and Whistleblowing Policy

10. Policy Review

This policy will be reviewed annually or sooner if required by legislative changes, regulatory updates, or organisational needs.

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.