Handle information in health and social care settings

Handout 1: Legislation

4222Learning Outcome 1Assessment Criteria1

4229Learning Outcome 1Assessment Criteria 1

The law promotes the rights of individuals usinghealth and social care services to confidentiality, information sharing, data protection and appropriate communication.

The Data Protection Act 1998 governs the storage and use of information collected by a wide range of organisations, not just those offering health or social care services. This law relates to personal information about individuals.

Some of the relevant aspects of the Act are as follows:

  • the information should only be used for the purposes explained when it was collected
  • the information should not be disclosed to anyone who has no right to see it
  • the information collected should be relevant and contain no more than is necessary for its purpose
  • the information should be accurate when collected and where necessary kept up to date
  • individuals should have access to the data held about them
  • appropriate security measures should be taken to prevent unauthorised access to data.

NHS Code of Practice 2003

The Confidentiality Code of Practice is a result of a major public consultation that included patients, carers and citizens, the NHS, other healthcare providers, professional bodies and regulators.

The Code offers detailed guidance on:

  • protecting confidential information
  • informing patients about uses of their personal information
  • offering patients appropriate choices about the uses of their personal information
  • the circumstances in which confidential information may be used or disclosed.

Here is agood working definition of confidentiality from the document:

‘A duty of confidence arises when one person discloses information to another (eg patient to clinician) in circumstances where it is reasonable to expect that the information will be held in confidence.’

The Freedom of Information Act 2000/The Freedom of Information Act (Scotland) 2000

Anybody may request information from a public authority in England, Wales or Northern Ireland. This law relates to general information, not personal details. An example might be that a local authority is asked how many older people it is supporting through direct payments. The number may be disclosed, but not the names of the individuals who are supported.

It is important to know about the law and how to apply it in practice. The law does not say that information cannot be shared with anyone. Where there is a need to protect an individual it is important to share details with other practitioners.

If you are in doubt about what can be shared and who it can be shared with, ask a senior colleague.