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Hsc Unit038
Promote good practice in handling information in health and social care settings
HSC038

Understand requirements for handling information in health and social care settings

OUTCOME 1

1. Identify legislation and codes of practice that relate to handling information in health and social care

The right to confidentiality is guaranteed partly by the Data Protection Act 1998, partly by the Human Rights Act 1998, and partly by principles established by judges on a case by case basis (the common law). The Data protection Act 1998 sets out eight principles which are in essence a code of good practice for processing personal data. Your workplace policies and procedures will be based around those principles. The Human Rights Act 1998 details the right to a private life. There is also the GSCC code of practice for social care workers, which provides a clear guide for all those who work in social work, setting out the standards of practice and conduct workers and their employers should meet with regards the handling of information. There is also Caldecott standards which govern the sharing of information based on the Data protection Act

2. Summarise the main points of legal requirements and codes of practice for handling information in health and social care.

DATA PROTECTION ACT 1998

The data protection act sets out 8 principles governing the use of personal information • Personal data shall be processed fairly and lawfully • Personal data shall be obtained only for one or more specified and lawful purposes • Personal data shall be adequate, relevant and not excessive • Personal data shall be accurate and, where necessary, kept up to date. • Personal data processed for any purpose or purposes shall not be kept for longer than is necessary • Personal data shall be processed in accordance with the rights of data subjects under this Act • Appropriate technical and organisational measures shall be taken against

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