Confidential Relationship And The Duty Of Confidence

Data protection is a very important piece of legislation that was brought into power in 1998, because it has been designed to prevent confidential and personal information being passed on to other people and any relevant companies without a person’s consent. This also means that any information that is stored of children should be kept in either a password protected or lockable location.

Information Commissioner’s Office (2012) Introduction to The Data Protection Act 1998. [Online] Available from: http://www.ico.org.uk/~/media/documents/library/Corporate/Research_and_reports/ico_presentation_EVOC_20120528.ashx [Accessed: 11th October 2013]

The data protection act- the data protection act is legislation put in place to keep personal data confidential. It can promote anti-discriminatory practice as it can stop people finding out information about individuals that the individual wants to stay private. E.g. phone numbers and addresses. These would need to stay private so people don’t find out where you live or what is wrong with you.

Therefore every care practitioner should endeavour to promote theses rights when dealing with services users and their relatives. Furthermore, it is crucial for service users to understand that any information they give will be with strict confidentiality. It is a legal requirement for health and social care services to keep personal data confidential.

Personal Information comes under the Data Protection Act 1998. We have to make sure personal Information is confidential. We have to know how to handle the personal Information, agreed ways of working, policies and procedures are all legislation frameworks. The Information should be processed fairly and lawfully. The Personal Data should be processed for limited purposes. The information should be adequate, relevant and the information should be for the purpose of whom the information is processed for. The information should be kept up to date and accurate. The information should not be kept longer than intended for. The Persona Data will be processed in accordance with the rights of data subject under the Act. Measures are in place to avoid the information being lost or unauthorised and unlawfully processed or damaged to. The Personal Information shall not be transferred to another country outside the European Economic Area unless that country ensures an adequate level of protection for the rights and freedoms of data. Personal Information may be shared with others, consent is needed to do this at all times from the Individual or in the case of an emergency, abuse, or if neglect is suspected. If the Individual is mentally

Within the health and social care setting there are numerous peices of legislation and codes of practice designed to protect individuals.These are there to protect from breaches of confidentiality were the information held on that individual is only viewed by staff directly involved in their care.

The Data Protection Act (1998) requires that personal details and information must be kept secure and confidential. Confidentiality is necessary in any Health and Care Social setting because it maintains between the individuals and the organisation. An environment of trust encourages people to be open and honest with those who care for them. They provide all the details necessary so that they receive the best care possible. The employers are accountable to the regulators for protecting confidentiality .Preserving privacy and confidentiality is essential so that they do not risk the discipline of being struck off a professional register. Each member of the staff has a responsibility to ensure that the care record are accurate recorded. A clear information will aid patients to participate fully in decision making about their

2 The Privacy Act 1988 (Commonwealth) is the law that explains the professional, ethical obligations related to privacy and confidentiality,

4.3: Describe the potential tension between maintaining an individual’s confidentiality and disclosing concerns to agreed others.

As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into

The Data Protection Act 1998 is a piece of legislation that controls how an individual’s personal information is used by organisations, businesses and the government. This Act ensures that HR departments only collect data from individuals is covered by what we are allowed to collect under the Act, relevant and not excessive, we must also be sure that data is not stored for longer than necessary. We must ensure that data is stored securely and confidentially; and that we are open about the reasons why we are collecting and storing the data.

Everyone is entitled to confidentiality unless they give permission for someone else to see their information or they can no longer make decisions on their own (for example, if they are confused or comatose). A federal law, Health Insurance Portability and Accountability Act applies to most health care physicians and its guideline, known as the Privacy Rule. The Privacy Rule sets specific rules regarding privacy, access, and disclosure of information. For example, HIPAA specifies the following:

Current understanding is that compliance with the Data Protection Act 1998 and the common law of confidentiality should satisfy Human Rights requirements.

The data protection act gives consumers rights and gives responsibilities to those that hold the information. The consumers have the right to view any information kept about them at any time as well as the right to withdraw this information. The holder of this information must by ensure that the information is:

Privacy is a term which protects our personal information from others. It’s our decision where, when, with who we want to share our personal information. Privacy is considered as our fundamental right (UN Declaration of Human rights) which refers to freedom of speech, freedom of keeping information secret from others (David Banisar, Simon Davies). Privacy violation is becoming major concern.