Scenario: show an individual’s computer record and personal

Scenario:
‘Josef is a new member of staff at a small unit supporting individuals with
rehabilitation. The unit provides day as well as residential services for
individuals with experience of drug and/or alcohol dependency. Josef wants to
make a good impression and ensures he maintains detailed record of
communication. Josef leaves a set of meeting notes in the community lounge area
while supporting another colleague.’

D3
3.1- show an accurate understanding of the term ‘confidentiality’

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The
term confidentiality means to not tell anyone who isn’t supposed to know except
those who are entitled to about an individual’s records or something that they
might have told you. It’s also important that you do not show an individual’s
computer record and personal records to anyone. The information stored includes
things like D.O.B, gender, age and medical history. Referring to the scenario,
Josef has breached confidentiality because he is responsible for taking care of
the notes he took and because he left them behind, anyone can read it when they
aren’t supposed to read it. This is Josef’s fault as he wasn’t responsible
enough. It was his duty to look after those notes, but he failed.

D3
3.1 – explain confidentiality in the context of health and social care

In
health and social care confidentiality is important because it creates a better
relationship between the service user and the practitioner as their will grow
to trust one another. According to ‘A guide to confidentiality in health and
social care 2013’ ”The duty of confidentiality is based on trust and respect
and this is fundamental to safe and effective care”. This encourages effective
working in health and care settings because if a patient can talk about the
feelings and concerns to the worker then something can be done about it but if
the service user is holding back because they don’t trust the worker then there
will be less progress. A service user might hold back from expressing
themselves maybe because they are scared, worried or they might think that they
can’t trust the worker with the information that they are holding back.
Therefore, confidentiality allows a bond/good relationship to form between
service users and workers/practitioners. Referring to the scenario, when Josef
left the notes behind it might include information on an individual under his
care for example name, age, gender and their medical history. This can affect
the individual as they will feel like their privacy has been invaded and they
might be embarrassed or insecure. This might stop them from sharing anything
with workers because they will no longer trust them.

 D4 3.2 – summarise legislation, polices,
procedures and codes of practice relating to the management of information

Legislations
– are laws that are set out by the government

Data
protection Act 1998 – this act makes sure that peoples information is kept safe
and only those that need to access it have access to it. Personal data should
be processes in a lawful and fair way. Also, the data should be regularly
updated, and it must be accurate. When collecting this information, you must
have a valid reason and use for it and once no longer necessary it should not
be kept. According to ‘Information Commissioner Office’ ”Appropriate technical
and organisational measures shall be taken against unauthorised or unlawful
processing of personal data and against accidental loss or destruction of, or
damage to, personal data”. This is important it makes people aware of the
possible consequences for these actions which will prevent them from making the
mistake and taking extra caution to avoid making mistakes. When handling
information, it must be handled in a way that protects the rights of
individuals.

Human Rights
Act 1998 – this is a current legislation in the UK. What this law enforces is
that people’s rights should be respected and that everyone is treating as an
individual and with dignity and respect. This included treating everyone fairly
and protecting individuals from harm, for example, health care practitioners
should not humiliate individuals as these defeats their right to dignity.
According to ‘Equality and Human Rights Commission’ article 8 of the human
rights act says ” Article 8 protects your right to respect for your private life, your
family life, your home and your correspondence (letters, telephone calls and
emails, for example)”. This relates to the management of information because
individual’s private information must be kept safe as they have the right to.
Health and care practitioners will need to maintain these right s because due
to failure to respect these rights, individuals may hold back form sharing
information due to lack of trust.

Common Law Duty of Confidentiality – This is not written in one document
unlike other Acts of Parliament. It is a law that is based on previous court
cases which is referred to as judge-made. It is also based on precedent.
Information that is collected must be collected for the right circumstance and
apply to the duty of confidence. Information should not be disclosed without
getting consent from individual. According to the ‘Department of Health’ ”in practice, this means that all patient/client
information, whether held on paper, computer, visually or audio recorded, or
held in the memory of the professional, must not normally be disclosed without
the consent of the patient/client.” This is important as every person has the
right to privacy and confidentiality and that should be respected. Information
can only be disclosed if there is a legal reason that requires you to breach
confidentiality.

Caldicott Guardian – A Caldicott Guardian is a senior person within an
organisation who is responsible of making sure the individuals data in
protected and their confidentiality is maintained. They make sure that all
health care practitioners understand and comply with the law. This senior member
is also responsible for enforcing appropriate information sharing. All health
and social care organisations will need to have Caldicott Guardian as they will
need to right down the procedures that health and social care professional will
need to follow.