Easy Read Information
Data Protection is how we keep people's information safe and confidential.
The General Data Protection Regulations and the Data Protection Act 2018 is the law about how to look after people's information.
This page explains more about Data Protection and the law and rules which we have to follow.
What we do
The Data Protection Office was created to address Data Protection issues within the Trust and the implementation of Information Security. Our team is responsible for training all clerical staff within the Trust on aspects of the Data Protection Act, Trust related policies and Information Security.
General Data Protection Regulations
Article 5 of the GDPR sets out the key principles which lie at the heart of the general data protection regime.
Article 5(1) requires that personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’)
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’)
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’)
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)
The Caldicott Principles
In addition, there are seven Caldicott Principles that help compliment the Data Protection Act, and help this Trust and others when it comes to safeguarding the information that we hold about you.
These principles were initially highlighted in the Government's 1997 "Caldicott report". In April 2013, Dame Fiona Caldicott reported on her second review of information governance, her report informally known as the Caldicott2 Review, introduced a new 7th Caldicott Principle.
In summary, the principles are;
- Justify the purpose of holding information - Every proposed use or transfer of patient identifiable information within or from an organisation should be clearly defined and scrutinised, with continued usages of the same information being reviewed regularly by a suitable guardian.
- Do not use patient identifiable information unless absolutely necessary - Patient identifiable information should not be included unless it is essential for the specified purpose it is being obtained for. The need for patients to be identified should be considered at each stage of trying to satisfy this purpose.
- Use the minimum amount of patient identifiable information necessary - When the use of such information is considered to be essential, the inclusion of each individual item of information should be considered and justified, so the minimum amount of information as is necessary is used for the given function to be carried out.
- Access to patient identifiable information should be on a strict need to know basis - Only those individuals who need access to the information should have it, and they should only have access to the parts of the information they need to see. This may mean introducing access controls or splitting up the information used if it is used for multiple purposes.
- Everyone with access to patient identifiable information should be aware of their responsibilities - Action should be taken to ensure that any member of staff holding such information are made fully aware of their responsibilities and obligations to respect patient information.
- Everyone using the information must understand and comply with the law - Every use of patient identifiable information must be lawful. Someone in each organisation handling patient information should be responsible for ensuring that the organisation complies with legal requirements. This person is titled the Caldicott Guardian.
- The duty to share information can be as important as the duty to protect patient confidentiality. Health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by these principles. They should be supported by the policies of their employers, regulators and professional bodies.
Information Assurance Office
188 - 192 London Road
Tel: 0151 706 3671