Equality, Good Relations and Human Rights Screening Template Title: Policy on the Data Protection Act 1998 and the Protection of Personal Information. ***Completed Screening Templates are public documents and will be posted on the Trust s website*** See Guidance Notes for further background information on the relevant legislation and for help in answering the questions on this template (follow the links). 1
(1) Information about the Policy/Proposal (1.1) Name of the policy/proposal Policy on the Data Protection Act 1998 and the Protection of Personal Information (1.2) Is this a new, existing or revised policy/proposal? Revised policy (1.3) What is it trying to achieve (intended aims/outcomes)? The policy has been introduced with the aim of empowering managers to be proactive in relation to the protection of personal information in the workplace. (1.4) How will the proposal be implemented? Should be read in conjunction with other information governance policies, noted below. The Trust will ensure the policy is disseminated to all staff, that it is understood and adhered to. Data Guardian roles will be shared by the Medical Director and Executive Director of Social Work. The information governance Board chaired by the Director of Performance, Planning and Informatics and is also the SIRO (Senior Information Risk Owner) will have responsibility for monitoring compliance and effectiveness of information and data security within the Trust. This responsibility will be disseminated through to each Director within Service Groups and to their IAO s 2
Information Asset Owners whose responsibility it is to understand what information is held, what is added, what is removed, how it is moved, who has access and why. (1.5) Are there any Section 75 categories (see list in 2.1) which might be expected to benefit from the intended policy/proposal? No, the policy will benefit all key stakeholders by ensuring privacy of important and personal information. Key stakeholders include current, past and prospective employees, suppliers, clients, service users, patients and others with whom it communicates. (1.6) Who owns and who implements the policy/proposal? Director of Performance, Planning and Informatics owns the policy. The policy will be circulated to all Directors and IAO s for dissemination. This policy will be available on the Hub and communicated to staff in information governance training sessions and incorporated in information governance news sheets and a staff leaflet will be developed. All Trust staff (including trainees, students and individuals on placement have a responsibility to abide by the principles contained within the policy. Both managers and staff have a responsibility to ensure that they receive initial Data Protection Training and refresher training every 3 years, via e-learning, TAS/L&D Sessions or by customised sessions. 3
(1.7) Are there any factors that could contribute to/detract from the intended aim/outcome of the policy/proposal/decision? (Financial, legislative or other constraints?) This policy is based on, and references the Data Protection Act 1998. Any future changes to this Act may contribute to the aim/outcomes of any future revisions of this policy (1.8) Who are the internal and external stakeholders (actual or potential) that the policy/proposal/decision could impact upon? (staff, service users, other public sector organisations, trade unions, professional bodies, independent sector, voluntary and community groups etc). Staff to protect their information and to ensure that they are fully equipped and trained to carry out their legal obligations to safeguard personal information in their care. Service users to protect and secure their information. Other organisations/groups to ensure that we abide by the legislation and principles within this policy in relation to sharing information. 4
(1.9) Other policies/strategies/information with a bearing on this policy/proposal (for example internal or regional policies) - what are they and who owns them? Data Protection Act 1998 Government policy ICT Security Policy Director of Performance, Planning and Informatics BHSCT Records Retention and Disposal Schedule Director of Performance, Planning and Informatics FAX policy Director of Performance, Planning and Informatics Records Management Policy Director of Performance, Planning and Informatics Personal records guidelines for processing requests for access to patient and client records. Director of Performance, Planning and Informatics. Data Access for Organisations external to the Trust Director of Performance, Planning and Informatics. Social Media Policy Head of Corporate Communications 5
(2) Available Evidence / Needs, Experiences and Priorities (2.1) Taking into account the information above what are the different needs, experiences and priorities of each of the Section 75 categories for both service users and staff. Please note there are separate tables for Service Users and staff. Service Users This policy will impact on how service users records are collected, maintained, stored and transported. As such, it will affect all service users equally and thus will not impact differentially on any particular Section 75 category. Category Details of evidence/information Service users Belfast/Castlereagh population as a whole Service users affected Needs, Experiences & Priorities Gender Female Male Age 0-16 16-24 25-34 35-44 45-54 55-64 65+ 51% 49% *2011 census 22% 11% 12% 14% 14% 12% 15% 6
Religion Political Opinion Marital Status Protestant Roman Catholic No Religion or No Religion Stated Broadly Unionist Broadly Nationalist Other Do not wish to answer/unknow n Single Married Other/Not known *2011 census 42% 41% 17% *2011 census 48.3% 45.4% 2.3% 4% * 2011 Assembly election 36% 47% 17% *2011 census Dependent Status Caring for a child dependant older person/ person with a disability None 12% of usually resident population provide unpaid care * 2011 census 7
Disability Ethnicity Sexual Orientation Not known Yes No Not known White Black/Minority Ethnic Not known Opposite sex Same sex/same and Opposite sex Do not wish to answer/not known 21% 69% n/a *2011 census 98.21% 1.8% n/a *2011 census The general view in NI is that an estimated 6-10% identify as lesbian, gay, bisexual *2012 report by Disability Action & Rainbow Project 8
Staff - This policy will impact on how staff records are collected, maintained, stored and transported and will not impact differentially on any particular Section 75 category. Category Details of evidence/information Staff Trust workforce January 2013 Staff affected Needs, Experiences & Priorities Gender Female Male 79% 21% All Age <25 25-34 35-44 45-54 55-64 65+ 4% 26% 26% 29% 13% 2% All Religion Protestant Roman Catholic Not known/other 45% 50% 5% All Political Opinion Broadly Unionist Broadly Nationalist Other No answer Unknown 7% 6% 7% 25% 55% All 9
Marital Status Single Married Other Not known 38% 57% 3% 2% All Caring Responsibilities For an adult For a child For a person with a disability None Not known 2% 18% 1% 19% 60% All Disability Yes No Not known 2% 66% 32% All Ethnicity White Black/Minority Ethnic Not known 78% 4% 18% All Sexual Orientation (towards people of the) Opposite sex Same sex/same and Opposite sex Do not wish to answer/not known 36% 1% 63% All 10
(2.2) Provide details of how you have involved stakeholders, views of colleagues, service users and staff etc when screening this policy/proposal. Not applicable 11
(3) Screening Questions You now have to assess whether the impact of the policy/proposal is major, minor or none. You will need to make an informed judgement based on the information you have gathered. Staff (3.1)What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories? None Section 75 Category Gender Details of policy/proposal impact Level of impact? Minor/major/none (3.2) Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories? If yes, provide details. If no, provide reasons. Age Religion 12
Political Opinion Marital Status Dependent Status Disability Ethnicity Sexual Orientation Service Users (3.1) What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories? None Category Details of policy/proposal impact Level of impact? Minor/major/none (3.2) Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories? If yes, provide details. If no, provide reasons. 13
Gender None Not applicable Age None Not applicable Religion None Not applicable Political Opinion None Not applicable Marital Status None Not applicable Dependent Status None Not applicable Disability None Not applicable Ethnicity None Not applicable Sexual Orientation None Not applicable (3.3) To what extent is the policy/proposal likely to impact on good relations between people of different religious belief, political opinion or racial group? Good relations category Details of policy/proposal impact Level of impact Minor/major/none Religious belief Political opinion Racial group Not applicable 14
(3.4) Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group? Good relations category Please provide details Religious belief Political opinion Not applicable Racial group (4) Is there an opportunity to better address the health and social inequalities of groups/areas in greatest social, economic or educational need by altering the policy/decision? Suggestions No (5) Consideration of Disability Duties How does the policy/proposal or decision currently encourage disabled people to participate in public life and promote positive attitudes towards disabled people? Not applicable 15
For example, have your staff received disability equality training or training on the Trust s Patient and Client Experience Standards? (6) Consideration of Human Rights (6.1) Does the policy/proposal affect anyone s human rights in a positive, negative or neutral way? Complete for each of the articles Article Article 2 Right to life Positive impact Negative impact = human right interfered with or restricted Neutral impact Article 3 Right to freedom from torture, inhuman or degrading treatment or punishment Article 4 Right to freedom from slavery, servitude & forced or compulsory labour Article 5 Right to liberty & security of person Article 6 Right to a fair & public trial within a reasonable time Article 7 Right to freedom from retrospective criminal law & no punishment without law Article 8 Right to respect for private & family life, home and correspondence. 16
Article 9 Right to freedom of thought, conscience & religion Article 10 Right to freedom of expression Article 11 Right to freedom of assembly & association Article 12 Right to marry & found a family Article 14 Prohibition of discrimination in the enjoyment of the convention rights 1 st protocol Article 1 Right to a peaceful enjoyment of possessions & protection of property 1 st protocol Article 2 Right of access to education Please note: If you have identified potential negative impact in relation to any of the Articles in the table above, speak to your line manager and/or a representative from the Equality Team. It may also be necessary to seek legal advice. (6.2) Please outline any actions you will take to promote awareness of human rights and evidence that human rights have been taken into consideration in decision making processes. 17
(7) Screening Decision (7.1) Given the answers in Section 4, how would you categorise the impacts of this policy/proposal? Major impact Minor impact No impact (7.2) Do you consider the policy/proposal needs to be subjected to ongoing screening? Yes No A full Equality Impact Assessment (EQIA) is usually confined to those policies or decisions considered to have major implications for equality of opportunity. (7.3) Do you think the policy/proposal should be subject to an Equality Impact Assessment (EQIA)? Yes No 18
(7.4) Please give reasons for your decision. Although this policy effects how we protect information for all staff and service users it does not specifically impact on any of the 9 categories covered under section 75. Therefore this policy can be screened out. (7.5) If you have identified any impact, what mitigation have you considered to address this? Not applicable 19
(8) Monitoring. In line with the guidance, you will be obliged to monitor this policy every 2 years. Please detail how you will monitor the effect of the policy/proposal for equality of opportunity and good relations, disability duties and human rights? This policy will be reviewed on an on-going basis and if at any stage an issue is raised the policy will be changed or updated to reflect this and a screening template will be completed. Approved Lead Officer: Position: Date: Senior Manager Data Protection 14/10/13 Policy/proposal screened by Equality Manager: Employment Equality Manager: Louise Neeson Michelle Morris Please forward completed schedule to lesley.jamieson@belfasttrust.hscni.net 20