CHIE enables personal data to be shared between health and social care professionals according to the principles set out in Article 5 of the UK GDPR. This means that it will be:
1. Used lawfully, fairly and transparently
2. Used for specific, explicit and legitimate reasons
3. Only collected for the purposes needed and will not be excessive
4. Accurate and kept up to date
5. Used only for as long as it is needed in a way that identifies you
6. Kept secure with only those requiring access allowed to use it or look at it
The UK GDPR and other Data Protection Legislation makes it very clear that systems like CHIE must identify a ‘lawful’ basis for processing data. As CHIE is a shared care record, its main purpose is to process personal data in order to share it.
The lawful bases relied upon by the Data Controllers for processing your personal data to support your care are as follows.
1. Under Article 6 (1e) of the UK GDPR, the ‘[P]rocessing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller’
This means that in order to provide you with safe and appropriate care, health and care professionals are under a duty to share your information where you have not objected to this. CHIE enables this processing and sharing to take place.
2. As the data in CHIE is a special category of personal data (i.e. health data), under Article 9 (2h), the ‘[P]rocessing is necessary for the purposes of preventative medicine, medical diagnosis, the provision of health or social care or treatment and the management of health and social care systems and services’.
This means that the health and care professionals involved in your care can use CHIE to access your information for all of the purposes detailed above.
In addition to the Data Protection Legislation (including the UK GDPR and the Data Protection Act 2018), those working in health and social care also need to comply with other legislation that also requires the sharing of data for specific purposes. These include (but are not limited to):
• Health and Social Care (Quality & Safety) Act 2015
• Health & Social Care Act 2012
• Care Act 2014
• The Children Act 1989
• The Children Act 2004
• Childcare Act 2006
• Children (Leaving Care) Act 2000
• Children and Families Act 2014
• National Health Service Act 1977
• National Health Service Act 2006
• Education Act 2002
• Special Education Needs and Disability Regulations 2014
• Localism Act 2011
• Immigration and Asylum Act 1999
• Crime and Disorder Act 1998
