Once completed I need to ensure that carers are aware that they may only access data and programs for which they have been authorised. As a result of The Computer Misuse Act 1990 (U.K.C.C. 1996) it is a criminal offence to access or alter programs and data without authorisation.
It is also the responsibility of we the care providers, to ensure that, as far as possible, the information recorded is secure and protected from inappropriate access in our area of practice. Each individual that is permitted access to computerised records will have a personal access code which should never be related to any other person. Permitted users of specified data must not go beyond what is allowed as this is also a criminal offence. However The Computer Misuse Act 1990 makes exceptions if the user accidentally exceeds what is permitted. It also covers fraud, extortion and blackmail.
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As a result of the Data Protection Act 1984', Access Modification (Health) Order 1987' and the Access to Health Records Act 1990' (U.K.C.C. 1996), the service user has the right to ask to see both their written and computerised records, although those records remain the property of our home.
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There are exceptions to the general rule of confidentiality and disclosure of information may occur in the following circumstances.
With the consent of the service user - As the duty of confidentiality is in existence for the service user's protection, the service user is at liberty to agree to any disclosure. However, the care practioner must ensure, as far as is possible, that the client is mentally competent to give consent and understands the full implications associated with it.
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Without the consent of the service user when the disclosure is required by law or by order of a court - Courts of law can order disclosure of confidential information at any stage of litigation. Reports and documents can only be released to the plaintiffs lawyers and may not be released directly to the plaintiff.
