Data Protection Act
protection Describe the legislation and organisational requirements in care setting such as Queensland that ensure good practise in dealing with confidentiality.
Legalisation
Legalisation means when there is a set of a law or the process in which you are doing and the government has approved it. The three main pieces of legalisation that are connected to confidentiality. They are:
• Data protection act 1998 • Access to personal files act 1987 • Access to medical records act 1990
The following have to follow legislation mentioned above:
• Nurseries-private/government based/child minders/nannies • Hospitals-private/government funded • Schools-private/government funded • Doctor surgeries • Care homes • NHS
Data protection act 1998
The Data protection act was developed to give protection and lay down rules about how Data about people can be used.
The 1998 Act covers Information or data stored on a computer or an organised paper filing system about living people.
The basic way it works is by:
1. setting up rules that people have to follow
2. having an Information Commissioner to enforce the rules
What data protection act includes, in Queensland: • Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information. It is an offence for Other Parties to obtain this personal data without authorisation. • Individuals have a right of access to the information held about them, subject to certain exceptions.
• Personal information may be kept for no longer than is necessary and must be kept up to date. • Personal information may not be sent outside the European Economic Area unless the individual whom it is about has consented or adequate protection is in place, for example by the use of a prescribed form of contract to govern the transmission of the data.
Legalisation
Legalisation means when there is a set of a law or the process in which you are doing and the government has approved it. The three main pieces of legalisation that are connected to confidentiality. They are:
• Data protection act 1998 • Access to personal files act 1987 • Access to medical records act 1990
The following have to follow legislation mentioned above:
• Nurseries-private/government based/child minders/nannies • Hospitals-private/government funded • Schools-private/government funded • Doctor surgeries • Care homes • NHS
Data protection act 1998
The Data protection act was developed to give protection and lay down rules about how Data about people can be used.
The 1998 Act covers Information or data stored on a computer or an organised paper filing system about living people.
The basic way it works is by:
1. setting up rules that people have to follow
2. having an Information Commissioner to enforce the rules
What data protection act includes, in Queensland: • Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information. It is an offence for Other Parties to obtain this personal data without authorisation. • Individuals have a right of access to the information held about them, subject to certain exceptions.
• Personal information may be kept for no longer than is necessary and must be kept up to date. • Personal information may not be sent outside the European Economic Area unless the individual whom it is about has consented or adequate protection is in place, for example by the use of a prescribed form of contract to govern the transmission of the data.
Bibliography: • Health and social book • http://www.open.ac.uk/safari/pictures/hsw.htm • http://wandptraining.co.uk/policies_and_procedures.php • http://www.cpa.org.uk/policy/briefings/residential_care_and_older_people.pdf • http://wandptraining.co.uk/policies_and_procedures_residential.php