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Data Protection and Confidentiality Policy

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Data Protection and Confidentiality Policy Data Protection and Confidentiality Policy Trust reference CA006 Version number 6.0 Description This policy and procedure inform how data protection and confidentiality is implemented throughout the Trust Level and type of Level 1: applicable across the Trust document Trust-wide corporate policy – controlled document Target audience This policy is relevant to all staff, contractors, and members of the public List related Records Management Policy documents/policies (do Incident Management Policy not include those listed as Access to Records Policy appendices) Informatics Security Policy Management of Medical Devices Policy Disciplinary Policy Author Judith Downing, Head of Data Protection Policy sponsor Karen Flaherty, Associate Director of Corporate Affairs This is a controlled document. Whilst this document may be printed, the electronic version posted on Staffnet is the controlled copy. Any printed copies of this document are not controlled. As a controlled document, this document should not be saved onto local or network drives but should always be accessed from Staffnet. 1 Version control Date Author(s) Version Approval committee Date of Date next Key changes made to document created approval review due July Judith 6.0 Quality Governance Chair’s 1 May 2022 2021 Downing Steering Group action 19.8.21 CA006. Data protection and confidentiality policy v6.0. Issued 19.8.21. Page 1 of 17 2 Index 1 Version control ......................................................................................................................... 1 2 Index ........................................................................................................................................ 2 3 Introduction .............................................................................................................................. 3 4 Quick reference ....................................................................................................................... 4 5 Scope and purpose .................................................................................................................. 4 6 Definitions ................................................................................................................................ 4 7 Key principles .......................................................................................................................... 5 8 Key principles of data protection .............................................................................................. 5 8.1 UK GDPR principles ......................................................................................................... 5 8.2 Lawful basis for processing ............................................................................................... 6 8.3 Caldicott principles ............................................................................................................ 6 8.4 Duty of confidentially ......................................................................................................... 7 8.5 Data Processing ............................................................................................................... 7 8.6 IT systems ........................................................................................................................ 7 8.7 Communicating personal information ................................................................................ 8 8.8 Access to information ........................................................................................................ 8 8.9 Data protection by design and by default .......................................................................... 9 8.10 Data Protection Impact Assessment (DPIA) ...................................................................... 9 8.11 Data sharing – third parties ............................................................................................... 9 8.12 Breach of data protection and confidentiality ................................................................... 10 8.13 Disposal of personal information ..................................................................................... 10 9 Roles and responsibilities ...................................................................................................... 10 10 Communication and training plans ..................................................................................... 11 11 Equality impact assessment ............................................................................................... 11 12 Document review ................................................................................................................ 11 13 Process for monitoring compliance ..................................................................................... 12 14 Appendices ........................................................................................................................ 13 15 References ......................................................................................................................... 13 CA006. Data protection and confidentiality policy v6.0. Issued 19.8.21. Page 2 of 17 3 Introduction Data is central to the way the Trust enables effective treatment, supports world leading research, and plans its resources. Personal data (any information which can identity an individual) belonging to current, past, and prospective patients, employees, suppliers, contractors, and business partners is one of our most valuable assets in providing care. This, together with the increasing reliance on IT to process and share information within the Trust environment, creates a greater need to protect data processed with the Trust’s information systems and regulate access to external systems hosted on the internet and other remote locations. The Data Protection Act 2018 and UK GDPR sets out the legal framework by which we can process personal information safely and securely, and operates alongside the common law duty of confidentiality which governs information given in confidence to health professionals with the expectation that it will be kept confidential The UK GDPR sets out seven data protection principles which describe legal requirements in relation to data processing. These principles are the key ‘rules’ for data handling and any processing of data which breaches one or more of the seven data protection principles is unlawful. As a data controller we are responsible for ensuring compliance with the UK GDPR, and we must be able to demonstrate our compliance. To comply with the principles of UK GDPR the Trust must identify a lawful basis for processing, or the processing will be unlawful. The Trust is required to register annually with the Information Commissioner’s Office, which is the UK’s independent body set up to uphold information rights. The Trust’s unique registration number is Z4989884. The Trust is also mandated by the Department of Health and Social Care (DHSC) to measure our performance against 10 data security standards set out by the National Data Guardian. The Data Security and Protection Toolkit (DSPT) is used to measure compliance. Although the UK GDPR does not apply to deceased persons, the NHS has issued guidance which states that, where possible, the same level of confidentiality should be provided to the records and information relating to a deceased person as to one who is alive. There is also separate legislation that applies when accessing health records of a deceased person, the Access to Health Records Act 1990. The issues arising from the processing and provision of access to deceased persons records can be complex and where these arise advice should be sought in the first instance from the data protection officer [email protected] CA006. Data protection and confidentiality policy v6.0. Issued 19.8.21. Page 3 of 17 4 Quick reference 5 Scope and purpose This policy applies to all Trust staff, contractors and third parties who process personal data on behalf of the Trust to ensure that data is handled in accordance with the principles of the UK GDPR. It will apply to all Trust and non-Trust employees who process personal data using information systems provided for them to perform their role within the organisation or who handle documentation on behalf of the Trust. The policy will demonstrate the ways in which we ensure that the personal data of patients, employees, contractors, and business partners is handled effectively and securely. The policy will promote best practice when processing personal data to inform care and research, and to ensure that Trust staff, contractors and third parties understand both the Trust’s and their own personal responsibilities when handling personal data. 6 Definitions Term Definition Caldicott Guardian A senior person within a health or social care organisation who makes sure that the personal information about those who use its services is used legally, ethically, and appropriately, and that confidentiality is maintained Data Controller An entity that decides how and why personal data is used e.g. the Trust Data Processor An entity that processes data for and on behalf of the Data Controller Data Protection Act 2018 Sets out the data protection framework for the UK and replaces (DPA) the Data Protection Act 1998 CA006. Data protection and confidentiality policy v6.0. Issued 19.8.21. Page 4 of 17 Data Protection Impact A process used within the Trust to identify and minimise the data Assessment (DPIA)
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