BWRT-Leicestershire (BrainWorking Recursive Therapy)
BWRT Leicestershire 1
Section A 3
Aim and Purpose 3
Information Governance Framework Principles for BWRT Leicestershire 4
Section B 5
Privacy Notice: Use of information 5
Retention Schedule 7
Data Processing 10
Section C 12
Data Breach 12
Subject Access Request 12
Safeguarding your privacy 13
Data held by BWRT Leicestershire will be held lawfully and for the retention periods set out in section B of this policy document.
This document refers to:
• Written Documents
• Hardcopy case notes and files
• Database entries
• Text messages
• Supervision notes
• Visits to the organisations website
• Social media communication
Aim and Purpose
The purpose of this document is to ensure that BWRT Leicestershire has a framework that ensures the rights and freedom of individuals in relation to their personal data (Article 1) and adheres to best practice in the management of client information and business records.
Information Governance sets out the way in which information collated by an organisation is managed and ensures that any information collected:
• is the right information
• is in the right place
• at the right time
• with the right people
• for the right reasons
This is a live document and may be updated at any time to reflect changes in law or growth of the business, and therefore should be revisited regularly to check for any updates. BWRT Leicestershire is fully committed to ensuring clients privacy and data protection rights.
For the purpose of this policy Vicky Tunaley is the named Data Protection Officer/Controller and Head of Organisation. ICO Registration No ZA381997
Information Governance Framework Principles for BWRT Leicestershire
1. Assessment needs for Information Governance (IG) Training have been identified and fully met, with a 75 minute GDPR CPD Course provided by the Clinical Hypnotherapy School (www.clinicalhypnotherapyschool.com) completed. Refresher training is completed every two years.
2. Any changes to the business processes and/or operations will be planned and will comply with the framework to ensure any risks to personal and sensitive information are minimised.
3. Any data collected is solely for the purpose of providing a person-centred service to an individual client. I also undertake research through a software programme called CORP which is anonymously collated and is optional to therapy.
4. The Caldicott Principles are used to provide guidance in best practice when handling personal data, alongside the ICO’s Office Codes of Practice.
5. All technology [Microsoft Office products including Outlook] and Apple MAC systems used to store or facilitate information and communication is maintained according to the Data Retention Policy for BWRT Leicestershire.
6. All records are identifiable, locatable, retrievable, and intelligible according to regulations set out by GDPR.
7. It is the responsibility of the Data Controller to ensure sufficient resources are in place to prioritise adhering to Data Protection Legislation in the business.
8. Any electronic devices where personal or sensitive, confidential information is held will be password protected. Individual documents stored electronically will also contain individual passwords.
9. Procedures have been put in place to ensure the General Data Protection Regulations are met. These can be found in Section C.
Privacy Notice: Use of information
In accordance with this data retention schedule there may be occasions when data is not destroyed due to ongoing investigation, ligation or enquiry. The data will be deleted upon confirmation that it is no longer required.
On some occasions anonymised personal data will be retained whereby a client has provided a testimonial for use on the organisation’s website. When data is non-identifiable GDPR law is no longer applicable. [Non-identifiable means that if this data was left on a bus, no one, including the data subject would be able to identify that this data was relating to them.]
• Personal information is collated and stored in hard-copy in a locked filing cabinet behind a locked door.
• Any document containing personal data will state “Official-sensitive, private and confidential” clearly.
• All emails will contain a privacy statement.
Under the General Data Protection and Retention (2018) legislation, regarding how your personal data is processed, all individuals have:
• the right to be informed;
• the right of access;
• the right to rectification;
• the right to erasure;
• the right to restrict processing;
• the right to data portability;
• the right to object; and
• the right not to be subject to automated decision-making including profiling.
Please note that BWRT Leicestershire does not use automated decision-making tools, including profiling.
When an individual visits www.bwrt-leicestershire.com I use Google analytics, who are considered a third party service, to collect information about what visitors do when they click on my website, e.g. which page they visit the most. Google analytics only collect non-identifiable data which means I or they cannot identify who is visiting. Most web browsers automatically accept cookies but you can modify your setting to decline them if you prefer. If you choose to do this you may find that you cannot make full use of my website.
BWRT Leicestershire will always be transparent when it comes to collecting personal data and will be clear about how that data is processed.
Other domains owned by me and managed in the same way are:
D9 Hosting is a third-party service that hosts BWRT Leicestershire’s websites. D9 Hosting also uses anonymised data to collect visitor information such as how long an individual remains on a page of a website. D9 Hosting’s privacy notice can be found here for further information:
BWRT Leicestershire uses third-party providers, Facebook, Messenger and WhatsApp to sometimes contact clients. All these companies have their own privacy policies and undertake to conform to GDPR standards. You can find relevant privacy policies here:
I may also use PayPal or Sum up to process payments. Information regarding their privacy policies can be found here:
In respect of sending out newsletters or promotional offers I use two different mailing companies: Mailchimp and Mailerlite. Their privacy information is found below.
Information Asset Information Owner Asset Retention Trigger for Disposal
Email (including sent items) Head of organisation Annual review period every January, any remaining live data untouched until following review period. End of retention period
Contact details held on mobile devices Head of organisation All entries to be deleted prior to decommissioning of mobile device or reissue of device. End of retention period
Recordings Head of organisation 5 years or earlier if consent is withdrawn End of retention period
Images taken Head of organisation 5 years or earlier if consent is withdrawn End of retention period
Head of organisation Until superseded – Consent to be rechecked prior to reissue End of retention period
Paper Diaries Head of organisation 12 months from the period in which its use ends. End of retention period
Policies Head of organisation Until new policy has been put into place End of retention period
Client records including session notes, initial consultation notes and client overview form Head of organisation In accordance with CNHC regulation, 8 years after final treatment session has ended. Child records should be held until after 25th birthday, or 26th birthday if aged 17 when treatment ends. End of retention period
Safeguarding records Head of organisation In accordance with the current organisations insurance policy, 5 years after final treatment session has ended, unless superseded by new insurance policy. End of retention period
Sat Nav records Head of organisation All entries to be deleted prior to decommissioning of mobile device or reissue of device. End of retention period
Waiting lists Head of organisation Annual review period every January, old waiting list destroyed and new waiting list developed with any remaining live data transferred to new live document. End of retention period
Continual Professional Development Records Head of organisation To be retained when worker is in service and until 8 years afterwards. End of retention period
Worker supervision records Head of organisation and workers supervisor To be retained when worker is in service and until 8 years afterwards. End of retention period
Service evaluation records Head of organisation Transfer to anonymised data within 6 months of collection. End of retention period
Tax returns Head of organisation 6 years from the end of the financial period to which they pertain to. End of retention period
Incident/Accident reports Head of organisation 40 years from date report was closed End of retention period
Insurance policies Head of organisation 40 years from date policy ended. End of retention period
Complaints Head of organisation 2 years from complaint being resolved. End of retention period
Right to Erasure Request Head of Organisation 8 years from request being submitted and completed. End of retention period
Subject Access Request Head of organisation 8 years alongside session notes, or plus 2 years from case closure if request is made after 6 years of storing data. End of retention period
Hard copy data will be destroyed via incineration at the organisation’s premises, electronic data will be permanently deleted.
What are the lawful basis for processing data at BWRT Leicestershire?
Consent in relation to communication: the individual has given clear consent for their data to be processed for the specific purpose/s detailed in the consent form stored in their personal file.
Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
2. Paragraph 1 shall not apply if one of the following applies:
(h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
3. Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.
This means that BWRT Leicestershire does not require consent to hold your data to provide a service but does require your consent to contact you for specific purposes. Participating in the service by attending more than one appointment implies that you agree with the Terms and Conditions provided to you at the commencement of service delivery.
Description of processing
The following is a broad description of the way this organisation/data controller processes personal information. Clients wishing to understand how their own personal information is processed may choose to read the FAQ’s / Terms and Conditions for treatment document, which complements the policies detailed here.
Reasons/purposes for processing information
BWRT Leicestershire processes personal information to enable the provision of Psychotherapy and Hypnotherapy, to advertise services and to maintain accounts and records.
Type/classes of information processed
BWRT Leicestershire processes information relevant to the above reasons/purposes. This information may include:
• personal details
• family, lifestyle and social circumstances
• goods and services
• financial details
• employment and education details
BWRT Leicestershire also processes sensitive classes of information that may include:
• physical or mental health details
• racial or ethnic origin
• religious or other beliefs of a similar nature
• offences and alleged offences
• sexual life
• political opinion
• physical or mental health condition
BWRT Leicestershire processes personal information about:
• business contacts
• professional advisers
All personal and sensitive data held by BWRT Leicestershire is held securely. Electronic data stored on a computer is stored on a password protected computer, in password protected documents held on the C: Drive of the computer. This supports the ability to retrieve data in the event of faults. Hardcopy data is held securely in a locked cabinet behind a locked door.
In the case of a data breach BWRT Leicestershire shall comply with the regulations set out under Article 33 of the GDPR;
1. In the case of a personal data breach, the data controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the ICO, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of the individual. Where the notification to the ICO is not made within 72 hours, it shall be accompanied by reasons for the delay.
2. The notification referred to in paragraph 1 shall at least:
(a) describe the nature of the personal data breach including where possible, the approximate number of data subjects concerned and the categories (e.g. sessions notes, phone numbers) and approximate number of personal data records concerned;
(b) communicate the name and contact details of the data controller where more information can be obtained;
(c) describe the likely consequences of the personal data breach;
(d) describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
3. Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.
4. The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.
5. In the event that a data breach will likely cause a risk to the rights and freedoms of client data, the data controller must communicate the nature of the breach in clear, concise and plain language, to the client/s involved, without delay.
6. If a breach occurs but the data controller has gone to appropriate lengths to protect the data held on the client (e.g. password encryption of electronic files), or if the data controller has taken subsequent action to prevent the risk (e.g. immediately blocking a mobile device) then notifying the client will not be required.
Subject Access Request
A Subject Access Request (SAR) permits individuals to request a copy of their personal information.
A SAR must be acted upon within one month, at the most within two months, any longer and reasonable reason must be provided. There are no fees unless there is a disproportionate fee to the organisation for sending out the information. Application for SAR should be held alongside session records, unless application was made after six years of the end of treatment. In which case the SAR will be held for a further two years after closure of SAR.
A SAR request will include information we hold about you, BWRT Leicestershire will:
• give you a description of it;
• tell you why we are holding it;
• tell you who it could be disclosed to; and
• let you have a copy of the information in an intelligible form.
SAR requests should be put in writing to BWRT Leicestershire. A response may be provided informally over the telephone with your agreement, or formally by letter or email. If any information held is noted to be incorrect an individual can request a correction be made to their own personal information. If you wish for your data to be provided to another service provider, you may also request this in writing. I may have a legal basis to continue to hold your data and will notify you of this if that is the case. Any requests should be made in writing to BWRT Leicestershire .
Right to Erasure
Any person may put in a request for their personal data to be removed (the ‘right to be forgotten’ or the ‘right to erasure’). In this instance hard copy data will be incinerated on the organisation’s premises and any electronic data will be permanently deleted. The client will be notified of the completion. The request for deletion of data and the confirmation of completion will be held securely until eight years after the request was made.
BWRT Leicestershire hopes to the meet the highest quality standards when processing personal and sensitive data. Complaints can help identify areas for improvement and therefore BWRT Leicestershire would welcome you raising any concerns you have.
These Information Governance Policy documents were created to be as transparent and understandable as possible. It will not be completely exhaustive of all aspects of data collection. If you would like further information about a specific process, please contact BWRT Leicestershire. If you feel you would like to make a complaint about how your personal and sensitive data is handled by BWRT Leicestershire you can contact BWRT Leicestershire directly. In the event that BWRT Leicestershire cannot resolve your complaint to your satisfaction you can contact the Information Commissioners Office on 0303 123 1113.
Safeguarding your privacy
In the event of my death or sudden illness, my supervisor will contact existing clients and archive any client files in accordance with General Data Protection Regulations.