Kirklees Care Association Trusted Assessor Privacy Policy
Kirklees Care Association provide a service known as ‘Trusted Assessor’ to help with the discharge of patients from hospitals to care homes in Kirklees and Calderdale. The Trusted Assessor will work on behalf of a Care Home, with consent, to collate assessment information for a patient in hospital. This is completed to ensure that the Care Home can make a safe and timely decision regarding whether they can meet the needs of the patient in their care home.
Kirklees Care Association takes your privacy extremely seriously. We will always manage the potential resident’s data responsibly and securely. A data sharing agreement is in place with each Care Home and a full DPIA has been undertaken at the start of this project.
This policy explains what information we collect and process, the reasons we collect this, how we use it and how you can check and update any of the potential resident’s personal information.
For the purposes of this Privacy Policy, “we” or “KirCA” means Kirklees Care Association.
Our contact details
Name: Kirklees Care Association (KirCA)
Registered Address: Carnegie House, 31 Castleford Road, Normanton WF6 2DP
Website: www.kirkleescareassociation.co.uk
Email address: [email protected]
The type of personal information we collect:
We collect ‘personal data’ including names, contact details including address, relationship, gender, date of birth, age, details about interests and social history, and identifiers such as NHS Patient Number. We collect ‘special category data’ including detailed health information about medical history and care needs, ethnicity, religion, and sexual orientation. We also collect criminal convictions and offences data. We normally collect this information from organisations such as health agencies, care homes, and social work/discharge teams, but we also collect information directly from patients or their relatives and carers.
How the Law allows us to use the potential resident’s personal data
The lawful basis for processing personal data is ‘we need it to perform a public task.’
The lawful basis for processing special category data is ‘We need it to comply with our legal obligations to provide or manage health or social care services’ on behalf of the care home.
The legal basis for sharing or using health and care data under the common law duty of confidentiality is ‘implied consent’.
We use criminal convictions and offences data to help us with our ‘legal obligations’. Some of the laws that require us to do so include the Health and Safety at Work Act 1974 and the Care Act 2014.
What is the potential resident’s personal data used for?
We use the potential resident’s personal data to assess their health, care, and other support needs for discharge from hospital to a care home. We use criminal convictions and offences data to help us to keep our staff healthy and safe and to protect you from any associated risks.
Will the potential resident’s personal data be shared?
We only share the information recorded in our assessment with the care home to make sure that they can meet the potential resident’s health, care, and other support needs.
How do we keep the potential resident’s personal data secure?
We use the following measures to ensure that the potential resident’s personal data is secure: data protection and security policies, information security incident reporting, data and device encryption, system and data access controls, user accounts and passwords, physical and environmental security, staff vetting practices, staff training and awareness, data back-ups and business continuity and disaster recovery plans. Any data that we send or receive to other organisations is sent via NHSMail. All personal data is stored within a restricted secure folder within The Health Informatics Service (THIS) which is part of NHS Calderdale & Huddersfield Foundation Trusts’ document storage.
How long will we keep the potential resident’s personal data?
From the day we receive the request to complete an assessment, we normally share the potential resident’s information with the care home within a maximum of 10 working days. Once we have completed that work, we will no longer retain the potential resident’s personal data.
What will happen to the data at the end of this Agreement?
KirCA Trusted Assessor will destroy all notes and files relating to assessments of individuals. Paper documents will be shredded, and electronic files will be deleted from both NHSMail and the secure folder within The Health Informatics Service (THIS) which is part of NHS Calderdale & Huddersfield Foundation Trusts’ document storage; where the data is stored.
Is the potential resident’s personal data processed overseas?
We do not send the potential resident’s personal data overseas.
How are data breaches managed?
We will follow identified process as defined within our organisation’s policies and procedures, assured by the publication of a “Standards Met” Data Security & Protection Toolkit (DSPT).
Marketing
We will never use the potential resident’s personal data for direct marketing.
What are the potential resident’s information rights?
The potential resident’s information rights are set out in law and, subject to some exceptions, they have the:
- Right to rectification – to ask for information to be corrected.
The process for rectifying data on a potential resident will be directed to the Care Home. However, this may then need relaying to Adult Social Care or the Hospital from which the information was originally received. - Right to erasure – to have the potential resident’s personal data deleted.
The potential resident would need to make their request to the Care Home for an assessment to be made about whether it can be honoured and the extent to which it can be honoured.
- Right to object – to how the potential resident’s personal data is used.
The potential resident would need to make their request to the Care Home for an assessment to be made about whether it can be honoured and the extent to which it can be honoured.
- Right to restriction – to request limits on how the potential resident’s personal data is used.
The potential resident would need to make their request to the Care Home for an assessment to be made about whether it can be honoured and the extent to which it can be honoured.
- Right to portability – to request that we move the potential resident’s personal data to another organisation.
The potential resident would need to make their request to the Care Home for an assessment to be made about whether it can be honoured and the extent to which it can be honoured.
- Right of subject access – to request a copy of data we hold about the potential resident.
A subject access request in relation to the potential resident would be directed to the Care Home who asked for the Trusted Assessment on that individual.
How to complain
If you have any concerns about our use of the potential resident’s personal information, you can make a complaint to us by emailing: [email protected]
You can also complain to the ICO if you are unhappy with how we have used the potential resident’s personal data.
The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk