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Our Data Protection and Privacy Policy

Elm Hall Nursing Home’s Privacy Statement is a statement by our home to residents, staff and visitors (known as the Data Subjects) that describes how we collect, use, retain and disclose personal information which our home holds, manages and processes. This Privacy Statement is part of Elm Hall Nursing Home’s commitment to ensure that we process your personal data fairly and lawfully.    

There are core principles in relation to data protection, that Elm Hall Nursing Home is committed to adhering to, which are in line with the recent EU General Data Protection Regulation. These core principals are as follows:

1.    Obtaining and processing information fairly;
2.    Keeping it only for one or more specified, explicit and lawful purposes.
3.    Using and disclosing it only in ways compatible with these purposes.
4.    Keeping it safe and secure.
5.    Keeping it accurate, complete and up-to-date.
6.    Ensuring that it is adequate, relevant and not excessive.
7.    Retaining it for no longer than is necessary for the purpose or purposes.
8.    Giving a copy of his/her personal data to than individual, on request.

This statement illustrates the ways in which we demonstrate our commitment to these principles and our values by being transparent and open with you, how we control and secure your data, and what rights you have in controlling how Elm Hall uses your information.

1.    Key legislation which Elm Hall Nursing Home is governed by in relation to your personal details:
•    Regulation (EU) 2016/679 of the European Parliament of the Council of 27 April 2016 and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR);
•    EU Data Protection Directive 95/46/EC; 
•    EU Data Protection Directive 2002/58/EC;
•    Data Protection Acts 1988 to 2018;
•    S.I.415 of 2013 Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013. 

2.    Responsibilities for the control and management of the personal data within Elm Hall Nursing Home. 
Elm Hall Nursing Home is committed to the protection of your personal data, with responsibilities allocated throughout the senior management team. The primary points of contact in relation to Data Protection are as follows:
Data Controller: 

Springwood Nursing Homes Ltd. 


3.    Resident’s rights in relation to personal data
Each resident has certain rights in relation to their personal data under the GDPR.

Each resident has the right to request access to their personal data that Elm Hall hold about the resident. 

Each resident has the right to request information how Elm Hall processes personal data. 

Each resident has the right to rectification their personal data. Each resident has the right to request that any inaccurate data that is held about him/her is corrected and has the right to request that incomplete data is updated.

Each resident has the right to erasure their personal data, the right to restrict processing, object to processing of data.

Each resident has the right to data portability.
You have the right to refuse/withdraw consent to information sharing at any time. We will fully explain the possible consequences to you, which could include delays in you receiving care. This withdrawal shall not impact on the quality of the care provided to you by Elm Hall Nursing Home.

Your personal data, that is collected for the provision of safe, effective care may be further processed for different purposes provided that these are not incompatible with the initial purposes. This may include the processing of your personal data to support the continuous improvement of Elm Hall through audit, trending and teaching activities. Approval for the use of personal data for secondary uses shall be incorporated into the Contact of Care.  Where you do provide consent for a secondary use of your personal information, your identity shall be disguised at the earliest possible stage in the process. You have a right to refuse to give consent to the secondary use of your data. This refusal shall not adversely affect the care you receive from Elm Hall Nursing Home. 

If Elm Hall Nursing Home wishes to change or add an additional purpose, which is not compatible with the original purpose, then you will be made aware of the additional purpose.

As applicable, Elm Hall Nursing Home has incorporated these rights throughout the policies and procedures of Elm Hall. You are entitled to extend these rights in relation to your personal data at any stage within Elm Hall Nursing Home. 

4.    Detail why and how Elm Hall collects information
Elm Hall may ask for or retain personal confidential information about you which will be used to, but not limited to 

•    Support the delivery of appropriate care and treatment to you; 
•    Adhere to our contract of care with you;
•    Adhere to our legal obligations under S.I.415 of 2013 and the Fair Deal (NHSS Act 2009);
•    Address your vital interests in the event of any emergency arising in relation to you and your care;
•    Address the legitimate interests of the residential home in providing our services;

All personal data retained and processed by Elm Hall must be held where there is a lawful basis of retention and processing, that being one of the followings:

(a) Consent: The lawful basis of consent requires a very clear and specific statement of consent for your personal data to be processed for specific purpose with a positive opt-in 
(b) Contract: This can be used as a lawful basis where we need to process personal data to fulfil contractual obligations with you or because you have requested specific steps are taken before entering into a contract (e.g. contract for care). The processing must be necessary to fulfil these obligations
(c) Legal obligation: This may be used as a lawful basis when the processing is necessary to comply with a statutory obligation (not including contractual obligations), e.g. Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013. 
(d) Vital interests: This may be used as a lawful basis where the data processing is required to protect someone’s life.
(e) Public task: This may be used as a lawful basis ‘in the exercise of official authority’ or to perform a specific task in the public interest that is set out in law. This will not generally be used by the residential home.
(f) Legitimate interests: This may be used where the processing is necessary for the legitimate interests of the Data Controller or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. The threshold for evidencing legitimate interests as a lawful basis is high.
To meet the applicable regulatory requirements, the following records are retained for a period of seven years after you have ceased to reside in Elm Hall Nursing Home. 
•    Individual assessment and care plans;
•    A recent photograph of the resident
•    The details held within Directory of Residents, including 
o    your name, address, date of birth, sex, and marital status; 
o    the details of your emergency contacts, including their name, address and telephone number of your next of kin or of any person authorised to act on your behalf; 
o    the name, address and telephone number of your GP and of any officer of the Health Service Executive whose duty it is to supervise your welfare; 
o    the date you were first admitted to the residential home; 
o    the date on which you were discharged if you came from another hospital;
o    details of your transfer from the residential home, where applicable;
o     the name and address of any authority, organisation or other body, which arranged your admission to the residential home. 
•    A record of your medical, nursing and psychiatric (where appropriate) condition at the time of your admission; 
•    Details of your care plan, in respect of medication, nursing care, specialist health care or nutrition; 
•    Daily progress notes that provide a nursing record of your health and condition and treatment given
•    Medication records of each drug and medicine administered to you;
•    A record of on-going medical assessment, treatment and care provided by the residential home and your GP (these may include the initial Comprehensive Assessment Form; a copy of the ‘Fair Deal’ Care Needs Assessment; Dependency Assessments; Individual Assessments on specific needs, e.g. continence, falls, nutritional assessments, etc);
•    A record of all your medical referrals and follow-up medical appointments; 
•    A record of your decisions not to receive certain medical treatments or refused treatment;
•    A record of any accidents or incidents that may have happened to you during your time in the residential home. 
•    A record of any specialist communication needs;
•    A record of all money or other valuables deposited by you within the residential home.
•    A record of any furniture brought by you to the residential home.
•    A copy of any correspondence to or from the residential home to you in relation to your care, including a copy of the Contract of Care.
•    A record of any complaints received from or about you. 
Other records retained in relation to your personal information include: 
•    Financial information in relation to your ‘Fair Deal’ contribution and any additional fees payable under the contract of care or where we have been appointed as a ‘pension agent’ for you which may include your bank details; individual statements; invoices for care services provided; etc;
•    Notification forms that we are required to send to HIQA;
•    Risk assessments (e.g. risks relating to your evacuation from the nursing home if there is a fire; smoking risk assessments; your risk of falls; etc.) 
•    In addition, we may record images of you on CCTV as per policy and procedure;
•    Other personal information that may be retained shall include personal sensitive information such as sexuality, race, your religion or beliefs. It is important for us to have a complete picture, as this information assists staff involved in your care to deliver and provide improved care, deliver appropriate treatment and care plans, to meet your needs. 
(S.I. 415 of 2013 and NHI, 2018)

The lawful basis for the retention of the majority of the data listed above is based on legal requirements see key legislation identified above. Full details of the lawful basis for the retention of the personal information, and its period of retention, is detailed within the residential home’s Data Register. This document can be requested from the Data Protection Officer (see 3 for contact details). 

5.    Use personal resident information
Elm Hall Nursing Home uses your personal information in the following ways: 
•     To help inform decisions that we make about your care.  
•     To work effectively with other organisations who may be involved in your care. 
•     To review care provided to ensure it is of the highest standard possible. 
•     To train our staff. 
•     To audit our services to ensure it meets the regulatory requirements and our internal policies and procedures. 
•     To prepare statistics on our services performance.
•     To plan services.
•     To ensure our services can meet future needs. 
•     To monitor our resources. 
•     To evaluate our governance.
•     To improve resident safety.

We keep your personal information accurate and up to date to ensure you get the best possible care from us, and from any other healthcare professional should you need to be referred. Where possible, when using information to inform future services and provision, non-identifiable information will be used.

6.    How information is retained and kept safe in Elm Hall Nursing Home
Information is retained within Elm Hall Nursing Home in secure electronic and paper records and access is restricted to only those who require it to provide services to you. We are committed to ensure that your information is kept safe and secure at all times to protect your confidentiality. Physical and software controls are implemented for your data records, and, where possible, your privacy is shielded by removing your identifying information. Elm Hall also ensures strict sharing or processing agreements are in place where external processers are utilised. 

Elm Hall is registered with the Office of the Data Protection Commission as a Data Controller. Details of our registration can be found on: 

7.    Detail how information is kept confidential 
Everyone working in Elm Hall Nursing Home completes a Confidentiality Agreement.  Information provided in confidence will only be used for the purposes to which you consent to, unless there are other circumstances covered by the law. All staff are required to protect information, inform you of how your information will be used and allow you to decide if and how your information can be shared. All staff are required to undertake annual training in data protection, confidentiality, IT/cyber security, with additional training for the Data Protection Officer. 

8.    Who information may be shared with outside of Elm Hall Nursing Home
To provide the best care possible, sometimes we will need to share information about you with others. 

Some government bodies including the Health Information and Quality Authority and Health Service Executive have a legal basis to inspect information contained in your personnel file and Elm Hall must make this information available to them. 

Elm Hall may also provide some of the information contained in your personnel file to a third party to carry out a task on Elm Hall Nursing Home’s behalf, this includes but is not limited to the residents specific GP and all Health and Social Care Professionals.

Some of this information may be stored on a cloud storage system. Your information will be protected with a Data Processing Agreement with the cloud storage provider that complies with EU transborder data transfer rules.
   (NHI, 2018)


9.    Detail how long personal data is retained for
As required by law, the personal data we retain about you must be retained for a period of seven years after you leave Elm Hall, and complaints for 4 years after the date of their making, after which it will be destroyed. Our Data Protection Policy and Procedure provides full details of the storage requirements for personal data. A copy of this document can be requested from the Data Protection Officer.

Under the Data Protection legislation, you have the right to request all information held in relation to you be destroyed, however this right is not absolute. This shall be dealt with on a case by case basis by the Data Protection Officer, in conjunction with the Data Controller and the Director of Care.  Our Data Protection Policy and Procedure provides full details of how this type of request may be made. A copy of this document can be requested from the Data Protection Officer.

10.    Detail of how to contact Elm Hall for your personal data
Elm Hall has a Data Protection Officer who is responsible for protecting the confidentiality of your information and enabling appropriate sharing. If you have any questions or concerns regarding the information we hold on you, the use of your information or would like to discuss further, please contact the Data Protection Officer at the contact details above (see section 3). 
Requests for personal data can be made through a Subject Access Request, through the Data Protection Officer. All appropriate assistance will be provided to you to support your request. 

11.    Cookies
Cookies are text files that are stored in a computer via an internet browser. Elm Hall’s website does not use cookies.

12.    Automated decision -making and profiling 
Elm Hall does not use any personal data for the purpose of automated decision-making or profiling. 

13.    Detail how to contact the residential home if there is a complaint or concern 
Elm Hall aims to meet the highest standards when collecting and using personal information. As part of our data protection process, we will be seeking your feedback in relation to the way you feel we manage your data. We encourage people to bring concerns to our attention and we take any complaints we receive very seriously. You can submit a complaint to the Data Controller. 

If you are unhappy about how your personal information is managed by Elm Hall Nursing Home, and you are not satisfied with our response to your concerns or believe that we have not complied with our data protection obligations you may lodge a complaint with the Office of the Data Protection Commissioner at:

Data Protection Commissioner 
Canal House
Station Road
R32 AP23 Co. Laois

Phone 057 8684800 / 076 1104800 / Lo Call: 1890 252231
(Phone lines open 09:15 – 17:30 – 17.15 Friday)
Fax: 0578684757

15.Changes to Elm Hall Privacy Statement 
Elm Hall reserves the right to make changes to the privacy statement at any time, these changes will be outlined and each resident will be informed of any changes. 

Privacy statement revision date: Sept-2019

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