Sioned McBride assumes the function of data controller and supervises the compliance with General Data Protection Regulation (GDPR) within the business.
Information we collect
Where we get our information
How we use the information we collect
Information we share
How and when consent is obtained
How we protect your data
Protecting your rights to data
Security of your personal data
1 Information we collect Swansea Speech and Language holds personal data as part of conducting a professional service. The data follows under the following headings: healthcare records, educational records, clinical records, general administrative records, and financial records.
1.1 Healthcare recordsA healthcare record refers to all information collected, processed and held both in manual and electronic formats pertaining to the service user and their care. Speech and language problems can be complex, and a wide range of information may be collected in order to best meet the needs of the client, and to maintain a high quality service which meets best practice requirements. In order to provide a high quality service, a range of information may be collected.
Examples of data collected and held on all current and active clients include the following:
Other contacts: name and contact details of GP and any other relevant healthcare professionals involved.
For child services:
Description of family
Pre- and post-natal history: This can include information relating to mother’s pregnancy, and child’s birth.
Developmental data: developmental milestones, feeding history, audiology history.
Medical details: such as any relevant illnesses, medications, and relevant family history. Reports from other relevant allied health professionals such as: Audiology, Psychology, CAMHS (Child & Adolescent Mental Health Services), Occupational therapy, Physiotherapy, Ophthalmology.
1.2 Educational recordsRelevant Individual Educational Plans (IEPs), progress notes from educational staff and school reports may be held.
1.3 Clinical recordsSpecific data in relation to communication skills may be collected and held, such as assessment forms, reports, case notes, e-mails, text messages and transcripts of phone. Audio and video files may also be collected and stored.
1.4 General administrative recordsSwansea Speech and Language may hold information regarding attendance reports and accident report forms.
1.5 Financial recordsA financial record pertains to all financial information concerning the practice, e.g. invoices, receipts, information for Revenue. Swansea Speech and Language may hold data in relation to: on-line purchasing history, card payments, bank details, receipts and invoices. Information will include name of bill payer, client name, address and record of invoices and payments made.
2 Where we get our information Personal data will be provided by the client, or in the case of a child (under 16 years), their parent(s)/guardian(s). This information will be collected as part of a case history form prior to, or on the date of first contact. Information may also be provided directly from relevant third parties such as schools, medical professionals and allied health professionals, with prior consent from the parent(s)/guardian(s).
3 How we use the information that we collect We use the information we collect to provide assessment and therapy as per the relevant professional guidelines, as well as to maintain the general running of the business, such as running our electronic booking system, keeping our accounts and updating you of any changes in policies or fees. Information may also be used for research purposes, with the written consent of the client or parent/guardian.
3.1 Data retention periodsThe retention periods are the suggested time periods for which the records should be held based on the organisation’s needs, legal and/or fiscal precedence or historical purposes. Following the retention deadline, all data will be destroyed under confidential means.
3.2 Client Records 3.2.1 Clinical Records
Swansea Speech and Language keeps both physical and electronic records of clinical data in order to provide a service.
The preferred format for clinical data is paper but some electronic records may also be kept on a password protected laptop or password protected USB memory stick.
Clinical data is deleted/confidentially destroyed after 2 years from last invoiced session. (Usually post discharge).
Clinical data used for research purposes, may be kept for longer than 2 years.
Video records/ voice recordings relating to client care/videoconferencing records may be recorded with consent, analysed and then destroyed. If written consent is provided to use recordings for training purposes, the client will have the option to withdraw consent at any time.
3.2.2 Financial Records Swansea Speech and Language keeps electronic/paper records of financial data from those who use our services. Section 886 of the Direct Tax Acts states that the Revenue Commissioners require records to be retained for a minimum period of six years after the completion of the transactions, acts or operations to which they relate. These requirements apply to manual and electronic records equally.
Financial Data is kept for 6 years to adhere to Revenue guidelines.
Financial Data (including non-payment of bills) can be given to Revenue at Revenue’s request.
3.2.3 Contact Data Contact Data is kept for six years to allow processing of Financial Data is required. (This may be retained for longer for safety, legal request or child protection reasons).
3.3 Exceptions If under investigation or if litigation is likely, files must be held in original form indefinitely, otherwise files are held for the minimum periods set out above. 4 Information we share We do not share personal information with companies, organisations and individuals outside Swansea Speech and Language unless one of the following circumstances apply:
4.1 With your consent:We will only share your Personal Identifying Information (PII) to third parties when we have express written permission by letter or email to do so. I require opt-in consent for the sharing of any sensitive information.
Third parties may include: hospitals, GPs, other allied health professionals, educational facilities.
4.2 For legal reasons:We will share personal information with companies or organisations outside of Swansea Speech and Language if disclosure of the information is reasonably necessary to:
Meet any applicable law, regulation, legal process or enforceable governmental request.
Meet the requirements of the Children First Act 2015.
To protect against harm to the rights, property or safely of Swansea Speech and Language, our service users or the public as required or permitted by law.
4.3 To meet financial requirements:Swansea Speech and Language may also share financial data with an accountant in order to comply with local tax laws. In this case Swansea Speech and Language will obtain a copy of the accountant’s own data protection policy.
4.4 For processing by third parties/external processingThe following third parties may be engaged for processing data:
Who Type of data Purpose
Record keeping, typing, correspondence.
Processing financial accounts
Electronic booking/ storage systems
4.4.1 Transfer of personal data outside the European Economic Area (EEA): In certain instances, personal data may be transferred outside the EEA, e.g. to the US or other countries. This would be for specific purposes such as web-based appointment scheduling. In such instances Swansea Speech and Language will use third parties which meet the privacy standards of GDPR.
5 How and when we obtain consent Prior to initial assessment or consultation, a hard copy or an email link to the data protection policy will be provided to the client. A copy is also available on www.swanseaspeechandlanguage.co.uk . A consent form will need to be signed by the client prior to commencing the service. Should a client wish to withdraw their consent for data to be processed, they can do so by contacting Swansea Speech and Language.
6 How we protect your data In accordance with the General Data Protection Regulation (GDPR), we will endeavour to protect your personal data in a number of ways:
6.1 By limiting the data that we collect in the first instanceAll data collected by us will be collected solely for the purposes set out at 1 above and will be collected for specified, explicit and legitimate purposes. The data will not be processed any further in a manner that is incompatible with those purposes save in the special circumstances referred to in section 5.1. Furthermore, all data collected by us will be adequate, relevant and limited to what is necessary in relation to the purposes for which it is collected which include, inter alia, the assessment, diagnosis and treatment of speech, language and communication disorders. 6.2 By transmitting the data in certain specified circumstances onlyData will only be share and transmitted, be it on paper, electronically or via telephone, only as is required, and as set out in section 3.
6.3 By keeping only the data that is requiredwhen it is required and by limiting its accessibility to any other third parties.
6.4 By disposing of/destroying the data once the individual has ceased receiving treatmentwithin two years of the completion of this treatment apart from the special categories of personal data as set out at 1.1 above. Where data is required to be held by us for longer than the period of two years, we will put in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk. These may include measures such as the encryption of electronic devices, pseudonymisation of personal data, and/or safe and secure storage facilities for paper/electronic records.
6.5 By retaining the data for only as long as is requiredwhich in this case is two years for circumstances in which retention of data is required in circumstances set out at part 1.1 above or in certain specific circumstances as set out at Article 23(1) of the GDPR.
6.6 By destroying the data securely and confidentially after the period of retention has elapsed. This could include the use of confidential shredding facilities or, if requested by the individual, the return of personal records to the individual. 6.7 By ensuring that any personal data collected and retained is both accurate and up-to-date. 7 Protecting your Rights to Data 7.1 Adult clientsAdults have the right to request data held on them as per article 15 of GDPR. A request must be made in writing. Further information regarding accessing your personal data are available in the document ‘Rights of Individuals under the General Data Protection Regulation’, downloadable from: www.gdprandyou.ie
7.2 ChildrenFor children under the age of 16, data access requests are made by their guardians. When a child turns 16, then they may make a request for their personal data. However, this is subject to adherence with the Children First Act.
8 Security Swansea Speech and Language, as with most providers of healthcare services is aware of the need for privacy. As such, we aim to practice privacy by design as a default approach, and only obtain and retain the information needed to provide you with the best possible service.
All persons working in, and with Swansea Speech and Language in a professional capacity are briefed on the proper management, storage and safekeeping of data.
All data used by Swansea Speech and Language including personal data may be retained in any of the following formats:
The type of format for storing the data is decided based on the format the data exists in.
Where applicable, Swansea Speech and Language may convert physical files to electronic records to allow us to provide a better service to clients.
8.1 Data SecuritySwansea Speech and Language understands that the personal data used in order to provide a service belongs to the individuals involved. The following outlines the steps which Swansea Speech and Language use to ensure that the data is kept safe.
8.1.1 Electronic Data All electronic data is contained in the following systems:
Outlook email - All persons working in Swansea Speech and Language have read/write/delete access to records. - All persons require a Log on and Password in order to access the records. - The data controller in Swansea Speech and Language can remove or delete users. - The data controller in Swansea Speech and Language can change the access passwords.
Laptop - This system is physically located in the UK. - All persons working in Swansea Speech and Language have read/write/delete access to records. - All persons require a Log on and Password in order to access the records. - The data controller in Swansea Speech and Language can remove or delete users. - The data controller in Swansea Speech and Language can change the access passwords.
USB Memory Stick - This system is physically located in the UK. - All persons working in Swansea Speech and Language have read/write/delete access to records. - All persons require a Log on and Password in order to access the records. - The data controller in Swansea Speech and Language can remove or delete users. - The data controller in Swansea Speech and Language can change the access passwords.
8.1.2 Physical Files All physical data is located in:
79 Rhondda Street, Swansea, SA1 6ET - All persons working in Swansea Speech and Language have access to these records. - These records are kept in a filing cabinet secured with a lock and key.
8.2 Security Policy8.2.1 Swansea Speech and Language understands that requirements for electronic and physical storage may change with time and the state of the art. As such, the data controller in Swansea Speech and Language reviews the electronic and physical storage options available to Swansea Speech and Language every 12 months.
Date of document: March 2019 Review Date: March 2020