Privacy Policy

Company Name: BLEEP 360 CARE Limited (“the Company”)

Policy Name: Privacy Policy and Procedure

Last Reviewed: 21 Nov ’22

Summary:

This policy details how the privacy of a service user can be maintained within a supported living environment. The policy has been reviewed with no significant changes. Underpinning Knowledge and Further Reading links have also been reviewed to ensure they remain current.

Relevant legislation: 

  • The Care Act 2014
  • Equality Act 2010
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Human Rights Act 1998
  • Mental Capacity Act 2005
  • Nursing and Midwifery Council (NMC) Legislation
  • Data Protection Act 2018
  • UK GDPR

 

Underpinning knowledge – What have we used to ensure that the policy is current:

  • Author: NHS Digital, (2022), Data Security and Protection Toolkit. [Online] Available from: https://www.dsptoolkit.nhs.uk/ [Accessed: 21/11/2022] 
  • Author: Information Commissioner’s Office, (2019), Guide to UK General Data Protection Regulation (UK GDPR). [Online] Available from: https://ico.org.uk/for- organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation- gdpr/ [Accessed: 21/11/2022]
  • Author: CARE QUALITY COMMISSION, (2015), Housing with care: Guidance on regulated activities for providers of supported living and extra care housing. [Online] Available from: https://www.cqc.org.uk/guidance.pdf [Accessed: 21/11/2022]
  • Author: Skills for Care, (2022), Care Certificate. [Online] Available from: https://www.skillsforcare.org.uk/Learning-development/inducting-staff/care- certificate/Care-Certificate.aspx [Accessed: 21/11/2022]
  • Author: Care Quality Commission, (2022), Regulation 10: Dignity and respect. [Online] Available from: https://www.cqc.org.uk/guidance-providers/regulations- enforcement/regulation-10-dignity-respect [Accessed: 21/11/2022]
  • Author: Care Quality Commission, (2022), Using cameras or other recording equipment to check somebody’s care. [Online] Available from: https://www.cqc.org.uk/contact- us/report-concern/using-cameras-or-other-recording-equipment-check-somebodys- care [Accessed: 21/11/2022]

 

Suggested action:

  • Encourage sharing the policy through the use of the QCS App
  • Share ‘Key Facts’ with all staff
  • Ensure relevant staff are aware of the content of the whole policy

 

Equality Impact Assessment:

QCS have undertaken an equality analysis during the review of this policy. This statement is a written re that demonstrates that we have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality

 
1. Purpose

1.1 To support the human rights of the Service User and ensure that Bleep 360 Care limited complies with legislation and regulation in relation to the privacy of individuals.

 

1.2 This policy covers the day to day considerations of ensuring privacy whilst supporting Service Users. This policy should be read in conjunction with the suite of associated policies and procedures at Bleep 360 Care limited, such as UK GDPR, in relation to data protection information sharing.

 

1.3 To support Bleep 360 Care limited in meeting the following Key Lines of Enquiry/Quality Statements

 

(New):

CARING 

C1: How does the service ensure that people are treated with kindness, respect and compassion, and that they are given emotional support when needed? 

QSC1: Kindness, compassion and dignity

 

CARING

C3: How are people’s privacy, dignity and independence respected and promoted? 

QSC1: Kindness, compassion and dignity QSC3: Independence, choice and control

 

RESPONSIVE

R1: How do people receive personalised care that is responsive to their needs? 

QSR1: Person- centred care

 

SAFE

S1: How do systems, processes and practices keep people safe and safeguarded from abuse? 

QSS3: Safeguarding

 

WELL-LED 

W1: Is there a clear vision and credible strategy to deliver high-quality care and support, and promote a positive culture that is person- centred, open, inclusive and empowering, which achieves good outcomes for people? 

QSW1: Shared direction and culture 

QSW2: Capable, compassionate and inclusive leaders

 

1.4 To meet the legal requirements of the regulated activities that { Bleep 360 Care limited} is registered to provide:

  • The Care Act 2014
  • Equality Act 2010
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Human Rights Act 1998
  • Mental Capacity Act 2005
  • Nursing and Midwifery Council (NMC) Legislation
  • Data Protection Act 2018
  • UK GDPR
 
 
2. Scope

2.1 The following roles may be affected by this policy:

  • All staff

 

2.2 The following Service Users may be affected by this policy:

  • Service Users

 

2.3 The following stakeholders may be affected by this policy:

  • Family
  • Advocates
  • Representatives
  • External health professionals
  • Local Authority
  • NHS
 
 
3. Objectives

3.1 To reinforce the requirement, in accordance with professional codes of conduct, for the need to ensure that privacy is maintained as per the Service User’s wishes.

 

3.2 To provide clarity and standard practice recommendations to staff at Bleep 360 Care limited to ensure that Service Users have dignity and privacy when they need and want it. This policy is fully aligned to:

  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Regulation 10: Dignity and Respect

 

3.3 To ensure that Service Users’, Employee and Stakeholders’ Personal Data and information is treated with the same level of protection around privacy.

 
4. Policy

4.1 Bleep 360 Care limited recognises the right of Service Users to be left alone, undisturbed and free from intrusion and public attention.

The Service User also has a right to privacy with regard to both their personal affairs, data and their belongings.

 

4.2 Staff will adhere to the human rights of individuals and work in accordance with professional codes of conduct, Information Commissioner’s Office guidance, UK GDPR and Data Protection Policies and Procedures at Bleep 360 Care limited.

Intentional breaches of privacy will be investigated fully with appropriate bodies informed and lessons learnt.

 
5. Procedure

5.1 Assessment

  • The needs of the Service User surrounding privacy will always be considered during the assessment stage to ensure that Bleep 360 Care limited can effectively meet the person’s needs
  • This assessment should include the information about them that can be shared and with whom. This includes the Service User providing formal consent to share information. Where capacity is an issue, the principles of the Mental Capacity Act and associated Best Interest will be followed
  • Preferred Service User wishes must be communicated to other relevant staff at Bleep 360 Care limited
  • Where possible, the assessment process should be completed in a private area where the Service User can feel able to discuss areas of their care needs

 

5.2 Service User Rights

  • Service User choices in relation to privacy will be respected at all times and all information relating to them will be treated in a confidential manner
  • Bleep 360 Care limited recognises the right of Service Users to be left alone, undisturbed and free from intrusion and public attention. The Service User also has a right to privacy with regard to personal data and both personal affairs and belongings

 

5.3 Staff Expectation, Behaviour and Professionalism

  • Staff will follow professional codes of conduct as well as the policies and procedures at Bleep 360 Care limited when considering privacy for Service Users
  • Staff will only discuss Service Users in the work environment if it is for the purpose of assessment, management and evaluation of Support
  • Staff will not discuss any aspect of the Service User’s Support outside of the work environment

 

5.4 Records Management

  • Records will be designed, used and stored in a manner which assures privacy
  • Records will only be made available to the Service User’s family and principal Support Worker according to the wishes of the Service User or if information requests fulfil the legal requirements for doing so
  • Staff can refer to the Record Keeping Policy and Procedure for further information and guidance
  • Information sharing with appropriate health professionals will be done so in line with UK GDPR and Data Protection Policies and Procedures at Bleep 360 Care limited

 

5.5 Promoting a Private Environment

  • Service Users will be offered a safe space, such as a personal room within Bleep 360 Care limited, which will provide a private environment free from other Service Users
  • The Service User’s personal room will have a lock fitted which is appropriate to their needs and the Service User will be provided with a key unless a documented risk assessment indicates that this is contraindicated. Decisions in this respect will be recorded in the Service User’s Care Plan and signed as agreed by the Service User or their advocate
  • All Service Users will have access to a locked cabinet in their room, or to a locked cash box
  • All Service Users will be made aware of their private environment and be given a copy of the Service User Guide, to support safe space practices at Bleep 360 Care limited
  • Service Users will always be offered privacy for personal discussions
  • Temporary, removable signage should be considered as a measure of good practice, to advise people if personal care is being delivered in a Service User’s room

 

5.6 Safe Space Practices

To support the Service User’s private environment and promote safe spaces within Bleep 360 Care limited, measures that could be adopted include:

  • Use of signage, such as ‘Do Not Enter’
  • Exit management techniques (line of tape on the floor to indicate no entry)
  • Locking of doors when not in the private environment

Any safe space practices must only be conducted with the consent of the Service User whose private environment may be affected, and after being risk assessed.

 

5.7 Personal Care and Privacy

  • Particular attention will be given to preserving privacy in the use of bathrooms, toilets and when supporting any aspect of personal care. At the same time, health and safety and personal risk management will be considered and discussed
  • Screening and curtains will be used in shared rooms and public areas in order to ensure privacy during personal care and moving and handling
  • Any personal and sensitive items that could be deemed as necessary care equipment (such as continence aids, catheters, dressings) must be kept out of public view at all times to ensure that privacy is maintained
  • Staff will always knock on Service Users’ doors and await a response before entering the room
 

5.8 Photography and Filming

Staff can refer to the policies available with regard to privacy and photography, filming and the use of CCTV at Bleep 360 Care limited and to relevant CQC guidance.

 

5.9 Breach in Privacy

  • Any breach in the privacy of a Service User will be considered a serious event. The incident will be fully investigated in accordance with UK GDPR, Data Protection Policies and Procedures at Bleep 360 Care limited and there will be evidence available about what has been learnt to ensure that the risk of reoccurrence is reduced. Disciplinary action will be taken where the incident is considered to have been caused with intent
  • Any building or equipment fault which reduces the privacy of any Service User must be reported immediately to a senior member of staff
  • Breaches of privacy of a serious nature will be referred to the local Safeguarding Board and appropriate regulatory bodies’ notifications will be completed by Devon – Linda Stanbury, Midlands – Athena Jones , London – Athena Jones or a delegated other who has the relevant skills, knowledge and experience
 

 

5.10 Training and Education

  • Privacy forms part of the Care Certificate for healthcare support workers. New staff who have not already completed this will be expected to achieve this unit
  • Staff will be expected to review their professional code of conduct and be aware of what this means in practice
  • Training will be given with regards to UK GDPR and Data security and Protection
  • Privacy will form part of the supervision process agenda at Bleep 360 Care limited as well as staff and Service User meetings in order to review practice, seek feedback and determine quality assurance
 

 

5.11 Capacity and Privacy

The same rights of privacy apply to individuals who are proven to lack capacity. Therefore, staff will do the following:

  • Establish any previously expressed views or wishes of the individual regarding privacy from family and others
  • Service User behaviours will be observed to identify what the preferences may be for that individual wishing to have privacy
  • Continue to follow the core principles and practices as detailed within this policy, if it is deemed to be in the best interests of the Service User to do so (in accordance with the Mental Capacity Act) when weighing up privacy and refer to associated policies and procedures for further guidance
 
6. Definitions

6.1 Information Commissioner’s Office

  • The ICO is the UK’s independent body set up to uphold information rights in the public interest
  • This covers the following legislation:
    • Data Protection Act
    • Freedom of Information Act
    • Privacy and Electronic Communications Regulations
    • General Data Protection Regulation (UK GDPR)
    • Environmental Information Regulations
    • INSPIRE Regulations
    • eIDAS Regulation
    • Re-use of Public Sector Information Regulations
    • NIS Regulations
    • Investigatory Powers Act
 

6.2 Human Rights

  • Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life. They can never be taken away, although they can sometimes be restricted, for example, if a person breaks the law, or in the interests of national security
  • These basic rights are based on values like dignity, fairness, equality, respect and independence. But human rights are not just abstract concepts, they are defined and protected by law. In Britain our human rights are protected by the Human Rights Act 1998

 

6.3 Privacy

  • In literal terms, privacy is defined as a state in which one is not observed or disturbed by other people or the state of being free from public attention
  • For the purposes of health and social care, privacy is very personal and means different things to different people. Therefore, in order to respect people, privacy services need to be personalised as much as possible

 

6.4 Care Certificate

  • The Care Certificate identifies a set of standards that social care and health workers follow. It describes the minimum standards that should be covered as part of the induction and training of new care workers
 
Key Facts – Professionals

Professionals providing this service should be aware of the following:

  • Any breach of a person’s privacy is a serious event and will be fully investigated to ensure that there is a period of learning, reflection and change in practice
  • The environment where Service Users are supported needs to accommodate the ability to promote privacy
  • Your professional codes of conduct refer to your accountability in relation to supporting people with maintaining privacy
  • It is a fundamental right for everyone to have privacy and, as professionals, your role is to promote and adhere to this right
 
Key Facts – People affected by the service

People affected by this service should be aware of the following:

  • Staff supporting you will respect your privacy wishes and support you in providing environments that are private, including from other Service Users
  • Information about you will only be shared with your permission, or if you are unable to give permission, when it is deemed to be in your best interest to do so
  • You have full rights to privacy. Staff will discuss what your wishes are around this and what that means for you
 
Further Reading

As well as the information in the ‘underpinning knowledge’ section of the review sheet we recommend that you add to your understanding in this policy area by considering the following materials:

Many further reading resources combine privacy best practice with dignity and respect. The following sites contain further information and guidance for health and social care professionals:

SCIE – Dignity in care: www.scie.org.uk/publications/guides Dignity in Care – Getting the Basics Right: www.dignityincare.org.uk/Resources/

Dignity in Care – Privacy: www.dignityincare.org.uk/Resources GOV.UK – UK Caldicott Guardian Council: www.gov.uk/government/

 
Outstanding Practice

To be ‘ outstanding ’ in this policy area you could provide evidence that:

  • Staff follow the principles and practices of this policy
  • Service Users are provided with an opportunity to feedback their experiences in relation to privacy in order for practice review and quality assurance
  • The wide understanding of the policy is enabled by proactive use of the QCS App
  • Privacy forms a core agenda item for staff meetings, training and supervisions

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and protect your personal information when you use our website and services.