Privacy-policy-amend
Privacy policy:
The Lodsworth Clinic
Confidentiality; Guidance Notes and Background Information
This policy should be read in with Medical Records Policy and policy (GDPR)
A duty of confidentiality arises when one person discloses information to another in where it is reasonable to expect that the information will be held in confidence. This duty of is derived from:
Common law – the decisions of the Courts
Statute law which is passed by Parliament
Legislation
All staff must be aware of the following legislation and understand their responsibilities relating to confidentiality:
The General Data Protection Regulations 2018
This Act governs the processing of information that identifies living individuals. Processing includes holding, obtaining, recording, using and disclosing of information and the Act applies to all forms of media, including paper and electronic.
The Mental Capacity Act (2005)
This provides a legal framework to empower and protect people who may lack capacity to make some decisions for themselves. The assessor of an "individual’s capacity to make a decision will usually be the person who is directly concerned with the individual at the time the decision needs to be made" this means that health care workers will be involved in different decisions at different times.
The Freedom of Information Act 2000 and Freedom of Information (Scotland) Act 2002
These Acts grant people rights of access to information that is not covered by the General Data Protection Regulations 201, e.g. information which does not contain a person’s identifiable details.
The Computer Misuse Act 1990
This Act secures computer programs and data against unauthorized access or alteration. Authorized users have permission to use certain programs and data. If the users go beyond what is permitted, this is a criminal offence.
Disclosure
Disclosure means the giving of information. Disclosure is only lawful and ethical if the individual has given consent to the information being passed on. Such consent must be freely and fully given. Consent to disclosure of confidential information may be:
Explicit
Implied
Required by law or
Capable of justification by reason of the public interest
Disclosure with Consent
Patients have a right to access their own medical records and receive copies of them, subject to certain safeguards. Administration fees cannot be charged.
Explicit consent is obtained when the person in the care of a clinician agrees to disclosure having been informed of the reason for that disclosure and with whom the information may or will be shared. Explicit consent can be written or spoken. Implied consent is obtained when it is assumed that the person understands that their information may be shared within the clinical team. Clinicians should make the people in their care aware of this routine sharing of information, and clearly record any objections.
Disclosure without Consent
The term �[https://www.peptides.de/Larazotide-AT-1001/EP09074-1 �public] interest’ describes the exceptional circumstances that justify overruling the right of an individual to confidentiality in order to serve a broader social concern. Under common law, staff are permitted to disclose personal in order to prevent and support detection, investigation and punishment of serious crime and/or to prevent abuse or serious harm to others. Each case must be judged on its merits. These decisions are complex and must take account of both the public interest in ensuring confidentiality against the public interest in disclosure. Disclosures should be proportionate and limited to relevant details.
Clinicians should be aware that it may be necessary to justify disclosures to the courts or to the appropriate statutory regulator and must keep a clear record of the decision making process and advice sought. Courts tend to require disclosure in the public interest where the information concerns misconduct, illegality and gross immorality.
Disclosure to Third Parties
This is where information is shared with other people and/or organizations not directly involved in a person’s care. Clinicians must ensure that the people in their care are aware that information about them may be disclosed to third parties involved in their care. generally have a right to object to the use and disclosure of confidential information. They need to be made aware of this right and understand its implications. Information that can individual people in the care of a healthcare professional must not be used or disclosed for purposes other than healthcare without the individual's’ explicit consent, some other legal basis, or where there is a wider public interest.
Confidentiality after Death
The Police and Criminal Evidence Act (1984)
The duty of does continue after death of an to whom that duty is owed.
Information Disclosure to the Police
In law there is no obligation placed upon any citizen to answer questions put to them by the police. However, there are some exceptional in which disclosure is required by statute.
Police Access to Medical Records
The police have no automatic right to demand access to a person’s medical records. Usually, before the police may examine a person’s records they must obtain a warrant under the Police and Criminal Evidence Act 1984. Before a police constable can gain access to a hospital, for example, in order to search for information such as medical or of human tissue, he or she must apply to a circuit judge for a warrant. The police have no duty to inform the person whose confidential information is sought, but must inform the person that information.
This Act allows healthcare professionals to pass on information to the police if they believe that someone may be seriously harmed or death may occur if the police are not informed. Before any disclosure is made healthcare professionals should always discuss the matter fully with other professional colleagues and, if appropriate consult their statutory regulator or professional body or trade union. It is important that professionals are aware of their policies and how to implement them. Wherever possible the issue of disclosure should be discussed with the individual concerned and consent sought. If disclosure takes place without the person’s consent they should be told of the decision to disclose and a clear record of the discussion and decision should be made as stated above.
Special Considerations to be Taken into when Disclosure is Being Considered
In some circumstances it may not be appropriate to inform the person of the decision to disclose, for example, due to the threat of a violent response. The clinician may feel that, because of specific concerns, a supplementary record is required containing details of the disclosure. The GDPR 2018 does allow for healthcare professionals to restrict access to information they hold on a person in their care, if that information is likely to cause serious harm to the individual or another person. A supplementary record should only be made in exceptional circumstances as it limits the access of the person to information held about them. All members of the healthcare team should be aware that there is a supplementary record and this should not compromise the persons’ confidentiality.
Acting as a Witness in a Court Case
If summoned as a witness in a court case he/she must give evidence. There is no special rule to entitle healthcare professionals to refuse to testify. If the individual refuses to disclose any information in response to any question put to him/her, then a judge may find the individual in contempt of court and may ultimately send him/her to prison.
Risk or Breach of Confidentiality
If a member of staff identifies a risk or breach of confidentiality they must raise their concerns with someone in authority if they are unable to take affirmative action to correct the problem and record that they have done so. A risk or breach of confidentiality may be due to individual behavior or as a result of organizational systems or procedures.
Confidentiality is a fundamental part of professional practice that protects human rights. This is identified in Article 8 (Right to respect for private and family life) of the European of Human Rights which states:
The common law of confidentiality reflects that people have a right to expect that provided is only used for the purpose for which it was given and will not be disclosed without permission. This covers situations where information is disclosed directly and also to information obtained from others. One aspect of privacy is that individuals have the right to control access to their own personal health information.
All staff will respect people's right to confidentiality.
Staff must ensure people are informed about how and why information is shared by those who will be their care as per privacy policy.
Staff must disclose information if they believe someone may be at risk of harm, in OnabotulinumtoxinAAbobotulinumtoxinAIncobotulinumtoxinAPrabotulinumtoxinALetibotulinumtoxinARimabotulinumtoxinBHyaluronic Acid FillersCalcium Hydroxylapatite FillersPoly-L-lactic Acid FillersPolymethylmethacrylate FillersAutologous Fat GraftingForehead Lines TreatmentGlabellar Frown Lines TreatmentCrow's Feet TreatmentBunny Lines TreatmentChemical Brow LiftLip FlipGummy Smile CorrectionMasseter ReductionJaw SlimmingDimpled Chin SmoothingCobblestone Chin SmoothingNefertiti Neck LiftMicro-BotoxMesotoxHyperhidrosis TreatmentChronic Migraine ReliefBruxism TreatmentTMJ TreatmentCervical Dystonia TreatmentNeck Spasm TreatmentBlepharospasm TreatmentLip AugmentationLip ContouringCheekbone Trough FillersNasolabial Fold Line FillersLiquid RhinoplastyNon-Surgical Nose JobJawline ContouringJawline DefinitionChin AugmentationTemple VolumisingHand RejuvenationAcne Scar Subcision Filling - click through the next document - with the law of the country in which you are practicing.
'The General Data Protection Regulation 2018 requires every organisation that processes personal information to register with the Information Commissioner’s Office (ICO), unless they are exempt. Failure to do so is a criminal offence.'
The fee for registration is £35 per annum. Further details and registration forms can be found on
References and Reading
Patient Confidentiality (GDC)
Standards for Dental Professionals (GDC,2013)
Confidentiality (GMC)
The Code: Standards of conduct, performance and ethics for nurses and midwives (NMC, 2018)
The General Data Protection Regulations 2018 (GDPR)
European Convention on Human Rights Act (2000)
The Computer Misuse Act 1990
The Freedom of Information Act 2000
The Freedom of Information (Scotland) Act 2002
The Mental Capacity Act (2005)
Confidentiality Policy
Policy Statement
The Lodsworth Clinic is committed to providing a confidential to its users. No information given to The Lodsworth Clinic will be shared with any other organisation or individual without the user’s explicit consent.
For the purpose of this policy, confidentiality relates to the sharing of personal, sensitive or identifiable information about individuals or organizations (confidential information), which comes into the possession of the through its work.
The Lodsworth Clinic holds personal data about its staff, users, members etc. which will only be used for the purposes for which it was gathered and will not be disclosed to anyone outside of the organisation without prior permission.
All personal data will be dealt with sensitively and in the strictest confidence internally and externally.
Purpose
The purpose of the Confidentiality Policy is to ensure that all staff, and users understand the organization’s requirements in relation to the disclosure of personal data and confidential information.
Principles
All paper-based and electronic data must be stored in accordance with the GDPR 2018 and must be secured against access, accidental disclosure, loss or .
All personal and electronic data must only be accessible to those authorized to have access.
The Lodsworth Clinic is committed to audit of the use of and quality of its in order to monitor performance. All audit shared with third parties, such as to support staff appraisal or monitoring reports for regulators shall be produced in anonymous form, so individuals cannot be recognised.
Protecting in Discussions
It is not acceptable for staff to:
Discuss matters related to the people in their care outside the clinical setting
a case with colleagues in public where they may be overheard
Discuss one patient with another without explicit and written .
Consultations must not be undertaken where privacy and confidentiality cannot be assured.
Protecting Confidentiality Using the Telephone
If telephone conversations to patients or potential patients are conducted in areas where they may be overheard, such as in reception or waiting areas, staff will not verbalize any identifiable confidential information, such as names, addresses or telephone numbers.
Answer phone messages must not be played back aloud, where they can be overheard
Messages, if confidentiality may be breached, must not be left on answer phones without the express permission of the patient.
Protecting confidentiality Using Computers/ internet
Computer screens should not be visible to members of the public
Access to data held on a computer must be password protected with access to personnel with permissions
patient information should not be shared by email without encryption
We collect information about our clients via cookies, server logs, competitions and order forms. A cookie is a file that a web browser places on your computer’s hard disk to allow for record keeping. This information can be used to identify you unless you modify your browser settings. The cookie does not store debit/credit card information nor any password details.
Records recorded on both Get Timely and Clever Clinic software, are password protected and only accessible by staff and therapists working at The Clinic. Clever Clinic and Get Timely have their own privacy policies in place and are fully GDPR compliant.
Protecting Confidentiality records (see medical records)
confidentiality using social media or mobile devices
Practitioners/employees will avoid using mobile devices to communicate with where confidential sensitive information might be disclosed.
Respect all communication by text or messenger apps as part of the medical record.
Practitioners will not store or retain patient information on mobile devices.
Where mobile devices are used, devices must be password protected and stored securely.
All confidential information must be stored securely on a cloud (not on the device itself) and .
Explicit and written consent must be obtained for sharing any patient information, photographs, on social media.
Records
All hard copy records are kept in locked filing . All digital records are maintained securely in compliance with GDPR 2018. All hard copy information relating to service users will be kept securely. This includes notebooks, copies of correspondence and any other sources of .
of Confidentiality
The Lodsworth Clinic recognizes that occasions may arise where individual workers feel they need to breach confidentiality. Confidential or sensitive information relating to an individual may be divulged where there is risk of danger to the individual, a volunteer or employee, or the public at large, or where it is against the law to withhold it. In these circumstances, information may be to external agencies e.g. police or social services on a need to know basis.
Legislative Framework
The Lodsworth Clinic will monitor this policy to ensure it meets statutory and legal requirements including the GDPR 2018. Training on the policy will include these aspects.
Ensuring the Effectiveness of the Policy
All staff members will receive a copy of the confidentiality policy, and associated guidance notes. and new workers will be introduced to the confidentiality policy via induction and training. The policy will be reviewed annually and will be proposed and agreed by The Lodsworth Clinic. Staff are required and supported to develop and maintain an understanding of information governance appropriate to their role.
Non-Adherence
Breaches of this policy will be dealt with under the Grievance and/or Disciplinary procedures as appropriate.
Proud to be CQC registered
1-2 Hillcroft, Shepherd’s Hill
Haslemere
Surrey, GU27 2LZ
Trading as The Lodsworth Clinic
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