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School for Health, Unit Catalogue 2008/09


FH50114 Confidentiality & data protection

Credits: 12
Level: Masters
Modular: no specific semester
Assessment: CW 25%, 75%
Requisites:
Aims: To explore the concepts of confidentiality and data protection and assess the impact on care practice and processes within health and social care organisations and systems.
Learning Outcomes:
Knowledge and Understanding
After taking this unit the student should be able to:
* Demonstrate a general understand of the legislation and guidance surrounding Confidentiality and Data Protection, with specific reference to the National Health Service (NHS) in the UK, , including:
- Data Protection Act 1998
- Common Law of Confidentiality
- NHS Confidentiality Guidance, including Caldicott Guardians
- Human Rights Act
* Examine the impact of confidentiality on the NHS with the particular impact on patient rights in relation to consent and access to information sharing and the in the wider implications of ethics.
* Examine the impact of confidentiality on the business needs of NHS organisations
* Discuss the relationship between information sharing and confidentiality
* Examine the effects of confidentiality in a shared service environment
* Critically analyse the role of confidentiality in the current NHS and the role of confidentiality in new developments in patient information systems.
* Critically analyse the relationship between confidentiality and relevant legislation on information sharing.
* Give evidence-based advice to individuals or organisations regarding the effects and management of confidentiality factors in a variety of clinical and management contexts.
* Explain the procedures involved in applying confidentiality legislation and guidance in a range of clinical and management contexts.
* Explain the particular needs and rights of mentally incapacitated persons and of children with respect to confidentiality.
These learning outcomes will be taught and assessed.
Skills:
On completion of this unit students should be able to:
* Apply general legislation to specific instances
* Plan and manage their learning through reflecting on and analysing their own learning needs.
* Integrate and critically evaluate information gathered from a wide range of resources including the unit resources, text books, journal articles, web pages and other online resources. An appreciation for a hierarchy of evidence should be displayed.
* Communicate effectively with colleagues and tutors including through asynchronous online discussions.
These learning outcomes will be facilitated and some may be assessed.
Content:
This unit provides a theoretical knowledge base for Confidentiality and Data Protection, with specific reference to circumstances pertaining to the NHS in UK. It provides a comprehensive overview of the following:
* Data Protection Act
* Common Law of Confidentiality
* NHS Confidentiality Guidance
* Human Rights Act
The unit will further develop the application of confidentiality legislation and how this impacts on patient's rights in relation to consent issues and access to information issues. The unit will also examine how information can and cannot be shared (within and outside the NHS) in accordance with confidentiality legislation and the implications of the Kennedy Report.
The unit will finally look at the ethical implications on confidentiality, covering the ethical duties to patients and also the ethical responsibilities to the public at large. This will be further developed by looking at the conflict and difficulties that health care practitioners have in balancing confidentiality, duty of care and ethics.
* Confidentiality Legislation - effects of confidentiality on the NHS, patients' rights and organisational management.
* Caldicott Guardian/Data Protection Officer-role and responsibilities and how this is integrated into the wide Information Governance role
* Case reviews - Examining confidentiality cases and the impact on the NHS
* Wider Legislation - Placing confidentiality in wider national and international legislative context.
* Information Sharing - Examining how iinformation can be shared internally, externally and across organisational boundaries.
* New Developments- The role and place of confidentiality within new Information Systems developments
* Special groups: the rights of the disabled, mentally incapacitated and children.