The data protection act

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Confidentiality

A key component for relationship building and sustaining relationships is confidentiality.  Confidentiality in any workplace is of utmost importance.  It is an important right for every individual.  Confidentiality creates trust, respect and shows sensitivity.  These qualities are especially important in school as parents, staff and children need to feel safe and secure.  Safety and security can only occur where trust, respect and sensitivity are present.  Individuals may not feel valued or able to hold their self esteem if private details are passed onto others.  Important information may not be passed on if a breach of confidentiality is made.  A professional practice would maintain confidentiality at all times. It is a legal requirement to keep individuals details confidential.  This is governed by the Data Protection Act 1984 and 1998, the Access to Health Records Act 1990 and the Health Records Act 1990.  The Data Protection Act 1998 enforces eight principles of good practice concerning data:  

  1. Personal data shall be processed fairly and lawfully;
  2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes;
  3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed;
  4. Personal data shall be accurate and, where necessary, kept up to date;
  5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
  6. Personal data shall be processed in accordance with the rights of data subjects under the Act;
  7. 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;
  8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
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REF:   – (accessed: Feb 2005)

The Data Protection Act describes personal data as facts and opinions about an individual.  The information stored about people must be absolutely necessary and in context with the information required.  The data must only be kept as long as necessary and then destroyed.  The means of destroying could be a paper shredder or burning to ensure the information does not fall into the wrong hands.  All paper based information must be kept under lock and key which would be held by staff with the authority to see the information.  Information stored on computer systems ...

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