Privacy Policy
 
Your Personal Information - General Data Protection Regulation (GDPR)
Document created 8.5.2018
 
GDPR is bringing in new legal protection for personal information from 25th May 2018.  This privacy policy outlines what personal information I hold and why, what your rights are and my procedures for collecting, storing and processing your data. I am registered with the ICO (Information Commissioners Office). 
 
This policy covers all the principles under the Data Protection Act (DPA) 2018. These are known as the ‘data protection principles’ and ensure information is:
  • Used fairly and lawfully
  • Used for limited, specific stated purposes
  • Used in a way that is adequate, relevant and not excessive
  • Kept for no longer than is necessary
  • Kept safe and secure
  • Not transferred outside the European Economic Area (EEA) without adequate protection 

Data Controller / Therapist’s Name and contact details.
 
Name:               Linda Hinshelwood, 
Telephone:        07956 100580
Email:                linda.hinshelwood@btinternet.com
Work Address:  Triskele, Birnie, IV30 8SW
Website:            www.triskele.scot
 
What is meant by privacy.
Privacy, in its broadest sense, is about the right of an individual to be left alone.  It can take two main forms. And these can be subject to different types of intrusion:
  • Physical privacy - the ability of a person to maintain his or her own physical space or solitude.  Intrusion can come in the form of unwelcome searches of a person’s home or personal possessions, bodily searches or other interference, acts of surveillance and the taking of biometric information.
  • Information privacy - the ability of a person to control, edit, manage and delete information about themselves and to decide how and to what extent such information is communicated to others. Intrusion can come in the form od collection of excessive personal information, disclosure of personal information without consent and misuse of such information.  It can include the collection of information through the surveillance or monitoring of how people act in public or in private spaces and through the monitoring of communication whether by post, phone or online and extends to monitoring the records of sender and recipients as well as the content of messages. 
The purpose of processing client data.
In order to deliver the professional service you have requested I will need to gather and retain potentially sensitive information about your health and personal circumstances. I will only use this information to inform my therapeutic practice and the client consultation, and to comply with any legal or professional responsibilities that ensue in the delivering of that service. 
 
Lawful basis for holding and using client information.
As a BACP registered counsellor, I am bound by its Ethical Framework for Good Practice. The lawful basis under which I hold and use your information are my legitimate interests i.e. my requirements to retain the information in order to provide you with the best possible therapeutic work.
As I hold special category data (i.e. health related information), the additional condition under which I hold and use this information is for me to fulfil my role as a therapist bound under the BACP Confidentiality as defined in the BACP Code of Practice and Ethical Framework.
 
What information I hold and what I do with it.
In order to give a professional service, I will need to ask for and keep information about your health and personal circumstances. I will only use this information to inform my therapeutic practice and for the purpose of contacting you when appropriate such as to cancel an appointment. The information to be held is:
  • Your contact details.
  • Personal details.
  • Relevant family and social background e.g. marital status, children, GP details etc.
  • Medical history and other health-related information.
  • Brief hand written notes of the themes discussed in a therapy consultation.
  • The only computer and phone information held is correspondence regarding appointments.    
  • I will not share your information with anyone else (other than within my own practice, or as required for legal process) without explaining why it is necessary, and getting your consent. 
How long I retain information for.
For insurance purposes most records will be kept 7 years after which they will be incinerated. Some records may be kept longer if there are insurance or legal considerations. Telephone numbers and email address held on my phone or computer will be deleted at the end of our work together.
Your data will not be transferred outside the EU without your consent.
If I become incapacited or die my clinical supervisor will take charge of my clinical records.
 
Protecting your personal data.
I am committed to ensuring that your personal data is secure in order to prevent unauthorised access or disclosure.  I have put in place appropriate technical, physical and managerial procedures to safeguard and secure the information I collect from you. 
  • I work from home and, for security reasons, a CCTV and an intruder alarm have been installed. However, this also means that the CCTV will record you arriving and leaving. This information can be retrieved for 46 days.  
  • I store handwritten client records in a locked drawer in my therapy room.
  • I keep no records on computer other than for communication purposes. I will contact you using the contact preferences you give me in relation to appointment times and cancellations. 
  • If you have chosen to ‘like’ or ‘follow’ me on my business social media page, I do not hold data about that outside of that social media setting.   
  • In the event of my death or an incapacitating illness my clinical supervisor will take charge of any records I hold.
I will only share personal information as follows:
  • Where I feel it is appropriate to consult with, or involve other professionals such as your GP in circumstances where there is a risk of harm to you or to a third party. In such cases I will aim to discuss any action with you first and seek to gain your co-operation. 
  • Where in extreme cases I am legally compelled by a court of law. 
  • Where statutory law requires me to inform the relevant authorities (such as terrorist activities, drug trafficking or abuse of a child or vulnerable adult). 
  • Where you as a client give consent for information to be passed on. 
Your Rights
 GDPR gives you the following rights:
  • The right to be informed: To know how your information will be held and used (this notice).
  • The right of access: To see your therapist’s records of your personal information, so you know what is held about you and can verify it.
  • The right to rectification: To request that your therapist to make changes to your personal information if it is incorrect or incomplete.
  • The right to erasure (also called “the right to be forgotten”): For you to request your therapist to erase any information they hold about you
  • The right to restrict processing of personal data: You have the right to request limits on how your therapist uses your personal information
  • The right to data portability: Under certain circumstances you can request a copy of personal information held electronically so you can reuse it in other systems. 
  • The right to object: To be able to tell your therapist you don’t want them to use certain parts of your information, or only to use it for certain purposes.
  • Rights in relation to automated decision-making and profiling.
  • The right to lodge a complaint with the Information Commissioner’s Office: To be able to complain to the ICO if you feel your details are not correct, if they are not being used in a way that you have given permission for, or if they are being stored when they don’t have to be. 
Full details of your rights can be found at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
If you wish to exercise any of these rights, please use the contact details given above.
If you are dissatisfied with the response you can complain to the Information Commissioner's Office; their contact details are at:  www.ico.org.uk
 
THERAPIST’S RIGHTS
Please note:
  • If you don’t agree to your therapist keeping records of information about you and the therapy sessions, or if you don’t allow them to use the information in the way they need to for therapy/counselling, the therapist may not be able work with you.  
  • Your therapist has to keep your records of treatment for a certain period as described above, which may mean that even if you ask them to erase any details about you, they might have to keep these details until after that period has passed.
  • Your therapist can move their records between their computers and IT systems, as long as your details are protected from being seen by others without your permission. 
CONTACT ME- Tel: 07956 100580 Email: triskele.scot@gmail.scot