Welcome to the Information Sharing Workshop

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Speakers . National Information Governance Boardwww.nigb.nhs.ukMain Office Number 020 76337052. Today is About

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Welcome to the Information Sharing Workshop NIGB might want to express gratitude toward County Durham and Tees Valley Information Governance Leads Group who permitted us to adjust this workshop from their unique workshop materials

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National Information Governance Board www.nigb.nhs.uk Main Office Number 020 76337052 Speakers

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… Sharing Information: Safely Legally and Confidentially Today is About…

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Information Governance (IG) is the general system of approaches, strategies, benchmarks and obligations regarding dealing with an association's data resources. It covers all data in all arrangements (manual & electronic). Fundamental territories of Information Governance: Managing data administration Information/records administration Information Quality affirmation Information Security Legal consistence Codes of Practice FOI Act 2000 What is Information Governance?

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Information Quality Assurance Codes of Practice Information Security Assurance IG Toolkit Records Management Care Record Guarantees Local Policies Caldicott Report What are the Standards?

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helps all staff to oversee data guarantees all staff conform to the law staffs to share data crosswise over associations can enhance basic leadership To meet commitments and obligations Why is IG Important?

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IG guarantees individual data is managed legitimately, safely, morally, productively and adequately and we can guarantee the certainty of the individual So… ..

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The Data Protection Act 1998 The Human Rights Act 1998 The Health and Social Care Act 2008 Common Law of Confidentiality Administrative Law FOI Act 2000 Other Legislation e.g. Kids Act, Mental Capacity Act, Gender acknowledgment Act, Adoption Act. The Legal Context

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An obligation of certainty emerges when one individual reveals data to another (e.g. individual to clinician, customer to social laborer) in conditions where it is sensible to expect that the data will be held in certainty or where it is evident the data is classified in nature. The obligation of certainty - Is a lawful commitment got from case-law. Is a prerequisite inside expert sets of principles. Is incorporated inside numerous work contracts as a particular prerequisite connected to disciplinary systems. A Duty of Confidence

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Procedures to guarantee that all staff, contractual workers and volunteers are completely mindful of duties in regards to classification Recording a people data precisely and reliably Keeping data physically secure Maintaining privacy Disclosing and utilizing data with fitting consideration A people data PROTECT

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Check (where practicable) that pamphlets or other direction on secrecy has been comprehended Make clear to people when data is recorded or benefit records got to Make clear to administration clients when data might be uncovered to others Inform Service Users Effectively No Surprises!

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Check that people have no worries about how their data is unveiled and utilized Answer any inquiries by and by or direct to the individuals who can answer Respect the privileges of people and help them practice their entitlement to get to their administration record Inform Service Users Effectively No Surprises!

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Ask the person before utilizing individual data in ways that don't contribute specifically to, or bolster, the reason Respect the people choices to confine revelation or utilization of data, aside from in extraordinary conditions Communicate viably with administration clients to guarantee they comprehend the ramifications of non-exposure Provide Choice Provide Choice

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It is unrealistic to accomplish best practice overnight. Staff must: Be mindful of the issues encompassing privacy and look for preparing or bolster where questionable so as to manage them suitably Report conceivable breaks or danger of ruptures Improve Wherever Possible

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In August 2007 Baby Peter passed on of horrendous wounds exacted by his carers He had endured more than 50 wounds regardless of accepting 60 visits from social laborers, specialists and the police over a 8 month time frame Laming enquiry scrutinized failings in data sharing between offices, the poor preparing and bolster given to "over-extended" cutting edge staff and the formality "hampering" social specialists Death of Baby Peter

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National data sharing direction created by Children's Services including data sharing pocket guide and dvd Every Child Matters changes 2004 – 2008 new direction was issued to reflect current approach for professionals working with both grown-ups and kids' administrations Information Sharing Protocols Social Care Record Guarantee, NHS Care Record Guarantee National Information Governance Board (NIGB) Recognise that a distinction of culture may exist with the offices you wish to impart data to and work to expelling obstructions where there is a honest to goodness legitimate explanation behind sharing. What Guidance is Available

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Where conceivable we ought to regard the desires of people who don't agree to share private data. You may in any case share data, if in your judgment on the realities of the case, there is adequate need to abrogate the absence of assent Seek counsel if all else fails, particularly where your uncertainty identifies with a worry about conceivable critical damage to a kid, powerless grown-up or genuine mischief to others You ought to guarantee that the data you share is: Accurate and up and coming (authentic data perhaps applicable as well) Necessary for the reason for which you are imparting it Shared just to those individuals who need to see it Shared safely Always record the purposes behind your choices – whether it is to share data or not What does this mean?

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In Health assent can be suggested or unequivocal, in Social Care it is constantly unequivocal however for both it should be Informed Understood - The administration client needs ability to see Freely given Valid Consent

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Consent not explicitly given: Often assent is accepted for offering data to associates inside the association, especially in Health. i.e. an individual sees a medical caretaker for a test, it is accepted that the individual will assent for the outcomes to be imparted to the treating specialist. In Social Care imparting to different divisions in the Local Authority would require unequivocal assent for another reason. i.e. to impart to lodging Sharing data between human services partners in various associations e.g. rescue vehicle groups to A & E staff. Suggested Consent

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Agreement to sharing ought to be recorded the individual ought to be made mindful of: - What data is to be shared What is the reason for sharing it Who it is to be imparted to How the data will be ensured Whether it might be further shared That they have the privilege to cannot (on the off chance that they do) The results of refusal and consent to assent Explicit or Informed Consent

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Consent ought to be looked for at the most punctual open door Consent ought to be recorded utilizing the important Consent or Permission to Share shape and marked by both the social work proficient and the individual or their delegate. In Heath this ought to be recorded in the individual notes Clear clarification ought to be given to the person on what they are consenting to and for to what extent It ought to be clarified that assent can be pulled back whenever yet we will share when there is a legitimate necessity to do as such An individual ought to comprehend that on the off chance that they pull back their assent this may influence the administration we can give to them Revisiting assent – in any event yearly or when another occasion happens How would we acquire assent

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Children and youngsters 16 thought to be capable Under 16 skilled on the off chance that they have the ability to comprehend and take claim choices Otherwise assent from whoever has parental obligation Changes at 16 onus of verification movements from being on the kid to being on the individual needing to declare absence of limit. Kids and fitness to Consent

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Adult not able to give assent? Consider the perspectives of relatives or carer's Respect any already communicated wishes Mental Capacity Act (MCA) Adults lacking limit may have a backer Provision under MCA for intermediary assent by means of LPA or Court delegated agent Ultimately, the expert must act in the individual's best advantages Record the choice and the purposes behind it Adult Capacity to Consent

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Ensure the tyke/grown-up has the important ability to comprehend what they are consenting to and look for guidance if uncertain Record what data will be imparted and to whom (dependably record explanations behind sharing without assent) It is the people decision to decline assent, adjust courses of action or pull back assent at a later stage Explain what the outcomes are of pulling back assent and where it might be shared at any rate Need just a single parent, with parental obligation, to give assent - "Fraser" (judgment Gillick) capable' youngsters under 16 likewise have privileges of classification Consent - Summary

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The sharing of data ought to be controlled and advocated Remember – the results of NOT offering data to different organizations could be far more terrible than unseemly sharing There are a few conditions in which sharing private data without assent will typically be defended in the general population intrigue: When there is confirmation that the kid/helpless grown-up is enduring or is at danger of anguish damage; or Where there is sensible cause to trust that a kid might endure or at danger of huge mischief; or To forestall noteworthy damage emerging to kids/powerless grown-up including through the preve