Robert Forman

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Consent, Confidentiality Information Sharing
Protocols

• Robert Forman

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Why share information?
Numerous inquiries into service failures in
the health and social services fields have
criticised agencies for failing to share relevant
information. None have criticised agencies for
sharing too much Information Sharing Protocol
Gold Standard
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Benefits of appropriate information sharing for
service users

• Service user may not have to repeat core basic
  details

• Service user should receives co-ordinated service

• This should reduce delays in the provision of
  care services

• Sharing of information should ensure the service
  users safety

• Enables easier and quicker access to equipment
  and adaptations that the service user may need to
  assist with daily living

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Benefits for practitioners

• Lead assessor can co-ordinate treatments and
  services across agencies

• Holistic information available about service user

• Messaging at risk warning messages

• Will not have to ask for basic information again
  and again

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ISPs
Is it Legal?
Obtaining Consent
Dataset
How?
Viewing Data
Sharing Data
How Long For?
What?
Who?
Over-ride
Protection
Recording Consent
Why?
Passing Data to the MAS
Guidance
Consent in the MAS
Matching
When?
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How We All Feel
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What does consent to sharing of information mean?

• Consent is a service users agreement to

• the sharing of relevant information about
  themselves

• between their care providers (including carers)

• from different agencies

• This information can be shared in a number of
  ways paper, computer, conversation

• Consent must given on an informed basis.

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Why ask for consent?

• Protect rights of the service user

• Protect rights of the practitioner

• Legislation

• Data Protection Act (1998)

• Human Rights Act (1998)

• Children (Scotland) Act 1995

• Local Government in Scotland Act 2003

• Common Law - Duty of Confidence

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Data Protection Act (1998)

• Data Protection Act (1998) states that
  information should be

• Processed fairly and lawfully

• Obtained only for one or more specified purposes

• Adequate, relevant and not excessive

• Accurate and up-to-date

• Not kept longer than necessary

• Kept secure

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What does Confidentiality mean?

• Confidentiality is ensuring that only relevant
  service user information is shared with those who
  have a need to know when it is appropriate to know

• Confidentiality is about respecting personal
  information and using it in a way that the
  service user would expect

• Confidentiality is applicable to all accessible
  information retained manual records, computer

• You are subject to a common law duty of
  confidentiality, and must abide by this

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Why do we have to respect confidentiality?

• Common Law - Duty of Confidentiality

• As a general principle this duty of
  confidentiality arises when a person receives
  information in circumstances where he knows or
  can be taken to know that the information is to
  be treated as confidential

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Legislative Framework

• The laws set a framework for legal information
  sharing

• The laws provides safeguards for individuals

• It does not prevent you from developing joint,
  co-operative working arrangements

• The law should not be seen as a barrier to excuse
  a failure to engage with other professionals or
  to keep information from them unnecessarily

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Consent and Confidentialitynational guidance

• Legal Guidance on data sharing
• Sharing Information on Children at Risk
• Brief Guide to Good Practice (CMO)
• Getting Our Priorities Right Good Practice
  Guidance for working with Children and Families
  affected by Substance Misuse
• Information Sharing Protocol gold standard and
  guidance (eCare Programme)
• Guidance on Disclosure and Sharing of Information
• Information Sharing for Children (forthcoming,
  SEED)
• Professional guidance (e.g. BMA, Royal College of
  Paediatrics)

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Citizens
The Information Sharing Model
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eCare pilots

• Single Shared Assessment
• Childrens Services
• Learning Disability

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Work in Progress

• Information Sharing Protocol Gold Standard
• Generic training pack
• Generic leaflets
• Technical Consent Model paper
• Consent and the MAS sub-group

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Information Sharing Protocol

• Comparative analysis of ISPs
• Assessment of awareness of DCA guidance
• Feedback to partners on ISPs
• Production of Gold Standard

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Gold Standard

• Binding legal agreement
• Emphasises importance of consent and
  confidentiality
• Why, how, when and with whom
• Purposes for which information is shared
• Provisions on the use and control of personal
  data
• Joint Procedures where possible

• Obtaining Consent
• Recording Consent
• Disclosure without consent
• Capacity
• Capacity of Children

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Training pack work

• To provide a training pack on consent and
  confidentiality for the training of
  practitioners. The training pack should be
  usable for all agencies and care groups
• Standardized approach to facilitate training
• Technical out of scope

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Training Pack

• Follows eCare template
• Training Pack for trainers
• Generic slides
• Case scenarios
• Flow charts

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Further Information

• Legal Guidance on Data Sharing
• Information Sharing Protocol (plus Guidance)
• Training Pack
• Training Video
• Presentation