Mandatory Stuff Flashcards
FOI 2007 what is it?
Public access to recorded information held by public authority
(Will be exemptions due to DPA)
20 days to respond to a written request telling whether have the info and providing it if no exemption
Not just responding to requests for info also publication scheme to proactively provide information
DPA breach to ICO when?
If personal data breach with significant impact within 72hrs
3 types
Confidentiality
Integrity
Availability
What are caldicott principles?
8 principles.
Intended to guide organisations on use of confidential information within health and social care organisations and when info is shared with other organisations or people
Apply to all data collected for provision of health and social care where people identifiable and would expect data to be kept private
Caldicott guardian senior person protect data by considering ethical and legal aspects of sharing.
Protect health and social care data ensure responsible use for best care
What is the national data opt out?
People can choose whether their data is used for research and planning by opting out via nhs app or by telephone
How many principles of GDPR?
7
What is a SAR?
Right to access records provided by DPA
1 month to respond
Who does MCA apply to?
Protects rights of over 16 England and Wales
What is aim MCA?
Protect rights
Ensures people make own decisions wherever possible
If lack capacity ensures best interests decisions
Ensures interventions by others restrict essential rights/freedoms as little as possible
5 principles of MCA?
Assume capacity unless established lacking
Do not treat as unable to make decision unless all practiceable steps taken
People can make unwise decisions this does not infer lack capacity
Decision made under act for person lacking capacity must be BI
Must be done in least restrictive way
What is the 2 stage test of MCA for incapacity?
- At material time (on balance of probability) unable to make decision …..
- …..due to impairment/disturbance in functioning of mind/brain (temporary or permanent)
The two stages must be linked-causative nexus
To make a decision must be able to:
Understand
Retain
Weigh up
Communicate
Examples of impairment
Dementia
LD
Delirium
Altered consciousness
Etoh/drugs
Some mental health
Brain injury
In relation to MCA what is executive dysfunction?
If unable to carry through from good intentions to actions eg anorexia
Are they aware of inability to translate abstract into concrete reality?
When is MCA not relevant even though person unable to make a decision?
If have capacity but coercion at play and unable to make decision
