Table of Content
- General Data Protection Regulation (GDPR)
- First steps for your Care Service:
- Parametric Insurance – could you benefit from this insurance innovation?
- Data Protection in the Care Sector
- How to identify risks and increase organisational compliance with the UK GDPR and UK Data Protection Act.
- Data protection and residential care homes
Personal data shall not be transferred to a country or territory outside the EEA unless that country or territory ensures an adequate level of protection for the rights of data for subjects in relation to the processing of personal data. As with other forms of data processing, care home operators will need to consider the specific arrangements which they make for processing the CCTV images and the implications of using third party processors, such as cloud storage services. Residential care homes that are regulated by Ofsted must have an internal reporting procedure. However, in practice this is restricted to care incidents and not data security breaches.
Our experts can conduct a thorough audit of your GDPR compliance and physical security, providing recommendations where necessary. This briefing highlights only some of the large number of legal complexities of introducing CCTV into care homes. Care home operators will need to undertake a careful review of their policies, to ensure they reflect the GDPR and are advised to seek legal input where CCTV is to be used in care homes.
General Data Protection Regulation (GDPR)
These should stipulate when information can be shared, the necessary security measures, who may authorise data sharing, the maintenance of records and how to deal with subject access or freedom of information requests. Kept in a form that permits identification of data subjects, for no longer than is necessary, for the purposes of personal data being processed. It is important that staff in the Home understand the data protection principles which allow them to share personal information. The UK GDPR and Data Protection Act 2018 emphasise the need for organisations to be transparent and accountable in relation to their use of data. All organisations handling personal data must ensure they have comprehensive and proportionate arrangements for collecting, storing, and sharing information. This also includes arrangements on informing children about the information that the Home will collect about them and how this may be shared.
Anonymisation - a process to ensure that data can no longer identify any person. Personal data shall be accurate and kept up to date - out of date or inaccurate information should be deleted/removed and under regular review. The information contained here is for general guidance purposes only, you will need to refer to the ICO for the most up to date accurate information. Our popular managed service offering is a 360 degree approach to your data protection – covering all of the above and more within a package that suits your budget and other resources.
First steps for your Care Service:
If you demonstrate that prudent measures have been taken to protect the data you hold, including encryption, staff education and anti-virus software, you’re less likely to incur a penalty if there is a breach. As care and nursing homes are more likely to hold sensitive data, it’s especially important that care organisations take note of what GDPR means for them, as a breach could have a notable impact on those whose data has been left vulnerable. Digital working - the safe storage, collection and sharing of confidential Information. "This is the responsibility of everyone who works in social care. It’s a vital component of how we ensure the dignity and privacy of the people we support and a requirement of law." GDPR is a legal requirement on ALL organisations across all business and charity sectors to be able to evidence compliance by May 25th 2018.
Personal data breaches are recorded in the risk register, whether they are reportable or not. This website is using a security service to protect itself from online attacks. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. There are separate safeguards for personal data relating to criminal convictions and offences. Staff should use their professional judgement and knowledge from this training when making decisions about when to share information.
Parametric Insurance – could you benefit from this insurance innovation?
Data protection is, or at least should be, a major consideration for residential care homes, presenting challenges above and beyond those that a commercial organisation will typically face. The residential care home industry does not just deal with employees and customers but also with sensitive personal data relating to its residents. The processing of personal data is, of course, subject to the Data Protection Act 1998 , policed by the ICO, and breach of the Act can incur a fine of up to £500,000. The reputational damage that may follow public exposure of a data breach may be even more costly and in some extreme cases could even result in irreparable damage.
Insights, events and opinions on the latest law, legislation and policies. Care home operators are advised to undertake an assessment to determine whether the use of CCTV is justified, taking into account the benefits of filming in the care home against any disadvantages, including the impact on residents’ dignity. The Mental Capacity Act and the MCA Code of Practice will be important in such situations. Controllers will typically seek to avoid reliance on consent for GDPR purposes and thus will need to identify at least one appropriate ground in Article 6 and Article 9. Where a decision has been made to use surveillance, the relevant consideration should be carefully documented as it is a matter that may be subject to scrutiny in the context of a CQC inspection. The CQC has recognised that the use of CCTV cameras may be the best way to ensure safety or quality of care but highlights the need to consider whether less intrusive steps can be taken by providers to ensure the same aims are achieved.
Britain’s exit from the EU will not affect the changes, which have been brought about to give people greater control over their information and how it is stored and used by all types of organisations, including those in the care sector. Fair processing - conditions which must be met to legally process personal data. Data breach - incident resulting in personal or sensitive data being lost, altered or viewed by unauthorised individuals. GDPR guidance, policies and procedures Take a look at what QCS can offer with GDPR guidance, policies and procedures.
Right to object to the processing Personal Care Consultants carries out based on its legitimate interest. It is important that all members of staff comply with the security policy. Failure to do so is a disciplinary offence that may result in dismissal. Staff should not assume that someone else will pass on information that they think may be critical to keeping a child safe. Anyone who has concerns about a child’s welfare and considers that they may be a Child in Need or that the child has suffered or is likely to suffer significant harm, should share their concerns with the child’s allocated social worker and/or the police or Children’s Social Care.
As with the previous data protection legislation, residents have a qualified right of access under the GDPR to their own personal data and this will include access to recordings of them made by the CCTV. BLS has extensive experience in the health and social care sector, working with large NHS trusts, to GP Federations, right through to rural sole-trader holistic services and independent care homes and support facilities. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay. There is an express requirement under the GDPR that personal data is to be processed for only as long as its purpose requires it to be. The care home operator will therefore need to consider for what period footage should be stored by the home and any policy on CCTV should reflect this.
The ICO has launched a new helpline aimed at SMEs and charities to advise you how to be GDPR compliant by 25 May 2018. The service includes an additional, personal support feature for those that have specific questions. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. Our policy writing and review service offers peace of mind that your policies are not only up to date, but you have a full suite in place for your requirements. If your organisation has suffered a data breachit is absolutely vitalthat you do not delay management. Having access to this kind of accurate, up-to-date information is essential to making good decisions about people’s care, and it can reduce the time staff spend chasing information – leaving them free to deliver direct care.
The DSPT is a self-reporting tool thatall organisationswith access to NHS datamust complete. BLS Stay Compliant can guide your organisation in responding to a SAR and can aid in setting up adequate practices should you receive one, including how to recognise a valid SAR. Alternatively, we can hold a bespoke course to fit you and ensure that all members of staff who have connection to the data you use, store and manage are appropriately trained at a time and place convenient to you. Our open courses are available to any member of any organisation and run online throughout the year and may be the answer to your data protection gap. Care providers are increasingly storing, processing and sharing personal information. How to identify risks and increase organisational compliance with the UK GDPR and UK Data Protection Act.
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