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In this section, a detailed discussion will be done on legislation or charters related to confidentiality, the effectiveness of methods of giving, receiving and sorting the information, as well as analysis of the issue relating to confidentiality in care settings. After that, the personal contribution of care workers in promoting anti-discriminatory practices will be explained. In the end, summarisation of roles and responsibilities for equality and diversity within care settings and organisations will be discussed in this part.
In the health care setting, maintaining confidentiality or privacy is the key principle. It ensures health practitioners keep everything private regarding the personal information of their clients until it is required by others of the same professionals. Therefore, to ensure confidentiality in this health as well as social care some common laws or legislations are followed in the UK. The very first legislation regarding confidentiality is “Common law of confidentiality”, also known as “Common law duty of confidentiality” (Highspeedtraining.co.uk, 2019). This law protects the person who has previously given personal information that must be protected and must not be disclosed without the provider's consent. This legislation is practised in the healthcare setting and abided by the caregivers. Hence, this personal information is disclosed when it is necessary to safeguard the patient and if there is any law such as a court order involved (Dove and Taylor, 2021). Other than this law, "The human right act 1998" is another law that provides the right to keep personal information and family information protected and disclosure is necessary if health protection is the main concern (Mind.org.uk, 2020).
“Care act 2014” is the right related to PCC (Person-centred Care) to empower the patient's choice and gives them the right to take charge of treatment or care plan. Moreover, it protects care users against abuse or neglect and ensures safety. In addition, it emphasises disease prevention rather than cure and makes health professionals accountable for their actions (Gant and Bates, 2019). There is another safety and quality act 2015, which maintains the confidentiality of personal information.
The GDPR 2018 provides the right to handle the information, and its protection. This is another legislation named as “Data protection act 2018” as well as GDPR (General Data Protection Regulation of EU) that ensures personal information is processed transparently, lawfully, accurately, and must be updated and securely processed to reduce accidental data loss. There are several articles present regarding this legislation, which has various principles. The key idea behind this law is the fair handling of personal information where the patients or care users provide and caregivers receive this personal information (Highspeedtraining.co.uk, 2019).
The effective process of giving receiving and storing data can be defines through the integration of several steps in the process of data collection.
This basically includes
Moreover, it ensures, information is collected for specific, precise as well as in a legitimate process. Condition of consent is also involved where child's consent for social services are also part of this law. Moreover, it protects data from criminal convictions as well as offences by securely storing all these data. Other than that, it also ensures data processing in an appropriate and secured manner to prevent incidents like unexpected data loss (Chassang, 2017). It gives the right to the clients to complain to the authority if there is any release of private information without consent.
Issues in confidentiality in care settings occur when any breach of confidentiality occurs where the private information is leaked without consent. It is quite common when the doctor or counsellor discusses a patient's condition with his friends or family, or maybe the computer where all this data is stored is hacked without knowledge. Sometimes, conditional consents are given by the patients and if this confuses, it can result in confidentiality issues in the care setting (George and Bhila, 2019). Moreover, it is commonly seen that one doctor discusses the condition of one patient with another doctor or other professionals who were not connected to that patient in any way and this situation also, breach of confidentiality occurs. In PCC, the client or the patient and the family members have the complete right to make decisions on their own. At first, the most suitable care or treatment plans are finalised by the doctors and nurses (Santana et al. 2018). This decision is done based on “Evidence-based practices”, where proper research based on published articles, expert opinions, and choice of patients are considered before providing care or treatment options. The patient or his family has the sole right to select the best option according to their time and money convenience (Moore et al. 2017). However, sometimes the patients are forced or manipulated by the doctors or other caregivers to select a particular option and this creates a breach of the right of the clients in healthcare settings.
The EDI policy (Equality, Diversity and Inclusivity) policy aims to prevent discrimination among care users in healthcare settings. Equality provides equal opportunities for everyone to be treated with respect. Diversity ensures the authorities or a responsible person are concerned about the cultural value, beliefs, and ethics of employees and ensures that everyone is treated responsibly and there is no discrimination in this context. On the other hand, inclusivity is an environment where all the people feel safe and welcome by consciously managing biases. There is specific legislation named “The Equality Act 2010”, that prevents discrimination on the ground of age, sex, disability, marital status, race, ethnicity, socio-economic condition, physical state (maternity or pregnancy), religion, etc (Mason and Minerva, 2020). These EDI policies are maintained in every workplace, school, and colleges and even in a health care setting.
In the healthcare settings, the EDI policies confirm that no patient is treated differently on the ground of age, sex, race, ethnicity, or beliefs. The main objectives are to eradicate discrimination in treatment or care plans and provide an equal chance of getting benefits. It ensures every caregiver behaves with dignity, responsibility and in a friendly manner with the patients (Spector et al. 2019). For example, in PCC one of the principles is to treat the patients with dignity, respect as well as compassion and empathy. Moreover, it gives consistent care, support, and treatment to patients so it believes by following a coordinated approach. The EDI policies are followed in PCC because it gives priority to patients over anything and so it ensures support and care to patients. In addition, the inclusivity is also maintained by creating a caring environment by care workers that helps the care users to satisfy all the needs and encourage them to live a happy as well as independent life.
The healthcare centres or organisations play the most important role to maintain EDI policies in the organisation. It confirms all the care workers follow every legislation or charters related to confidentiality. The role of the organisation is to keep the confidential information of patients securely so that it cannot be misused. Moreover, it works continuously to fulfil all the needs of the patients (Mousa and Puhakka, 2019). In addition, it immediately takes legal actions against those care workers who misuse the confidential information or treat the patients unequally or with biases. It promotes diversity and creates an engaging, respectful and healthy environment and takes strict actions against discrimination.
In the first task, a brief overview of all the confidentiality legislations was given, along with the effectiveness of GDPR 2018. With the example of PCC, the analysis of issues was discussed. In the end, the contribution of care workers and organisations in maintaining EDI was discussed.
In this task, an explanation will be given on differential personal rights, choices with the legal rights. Some factors will be explained that have the potential to affect the client's rights. Moreover, the factors, which influence identity development, will be examined. All these tasks will be completed based on the case study of Rosemary who is a 72 years old Jamaican lady, living in the UK. In the end, an analysis will be done that can support her needs and her beliefs and p
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