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5.1 Analyse Legal and Ethical Tensions between Maintaining Confidentiality and Sharing Information

In my own professional role, there are many issues that turn out to be barriers to clear communication. Time pressure often causes a problem before the previous one has been successfully completed and documented. Users of the service often want employee support for the full number of hours assigned to them and do not understand that this time should include documents such as writing call recordings or file documents, which are essential for other employees to work effectively with them. Confidentiality requirements can also be barriers if certain information can help one party understand another party`s problems, but it is not appropriate or acceptable to share that information. The number of information sources can also be a barrier to sharing all information between employees, such as the bulletin board, logbook, communication book, employee records, emails, diaries, recordings of conversations/observations, transfer book, etc. When you start a shift, it can be difficult for some employees to access relevant information before their service user wants their support to begin. I listen to the needs of staff in this area and this has helped to keep the system simple and accessible. Maintaining a sense of unity between layers also helps to foster good communication from one day to the next. When dealing with employees, I try to use language that makes them feel supportive and part of a team. In some cases, it is necessary to simplify the language for employees who have English as a second language. It is also important to support these employees when asked to prepare reports or written documents, as additional assistance may be required. To ensure good communication, I can ask a user of the service to tell me what he understood about the things I told him or a problem that was discussed.

For some service users, I would write down the key points or answers to questions to give a concrete answer to a problem that was a cause for concern, or if they have trouble remembering it, as a visual reminder. When writing reports for management or other organizations, I try to be concise and specific enough to communicate issues without going into irrelevant details to unnecessarily prolong documents. When we work with the many external organizations that share the common goal of finding the best support and results for our service users, we have several ways to share information. Our main method is usually email, and this is preferable because it is a clear and traceable system that allows us to track what was sent to whom, when it was sent and if a response was received. We record phone calls and make written recordings of the conversation, but these are less concrete because they are only recorded by one side of the conversation and could be challenged. Recorded meetings are a very useful method as it allows professionals to meet and receive contributions that can be confirmed or challenged in real time, and decisions can be agreed without waiting for written responses. This requires time and organization to plan all the required parts at a mutually convenient time, and is not always convenient for those who live at a significant distance from the scheduled meeting. Finally, it is permissible to violate privacy codes if you believe that a crime has been or will be committed. Here you have a legal and ethical obligation to pass on information to others. For example, if someone tells you they are being abused but asks you to keep it a secret, there is a conflict between your duty of confidentiality and your duty of care. In such cases, you should always report the disclosure to your supervisor or security manager, as your duty of care outweighs your duty of confidentiality.

Of course, you should always make sure that the information is only shared with those who need to know. For more information, see your organization`s security policies and procedures. Explain the legal and ethical tensions between maintaining confidentiality and exchanging information. Article 8 of the Human Rights Act states that “everyone has the right to respect for his or her private and family life, home and correspondence”. The Data Protection Act 1998 governs how we collect, store, share and dispose of information. The exchange of information is an essential element in providing high-quality, person-centred care and for the functioning of an effective service. As a service that stores a significant amount of data about our residents, it is important that we have procedures in place to protect the confidentiality of this information. It is a legal obligation and our moral duty not to disclose any of this data to individuals, companies or funding authorities who are not directly involved with the data subject. Even within our own organization, we remove identifiers (names, initials, dates of birth, etc.) from certain documents before sharing them with other government departments, and the codes are often used to identify service users in documents to protect their privacy. However, there are times when we are also required to disclose information about an individual when we know or suspect that a situation may arise in which harm is caused to another person or group. In such a case, we have to decide, .” if, exceptionally, the disclosure of information intended to protect the interests of a third party takes precedence over both the obligation of trust towards the user of the service and the public interest in a confidential health and social protection service` ( ) This could include, inter alia, reporting abuse in order to protect others from the author or information from the DVLA on this subject, that a service user is now taking medications that render him or her unfit to drive if he or she refuses to do so himself.

In all cases, it is first necessary to try to obtain the consent of the person concerned by means of communications adapted to his or her needs. If you report bad or unsafe practices and your employer does not take steps to remedy them, you may feel a conflict between the report and your duty to your employer. Again, any unsafe practices should be reported to the appropriate authorities (HSE, CQC, local authorities, etc.), and your organization should have a whistleblowing policy and whistleblowing procedure in place to protect employees who do so from any impact. As an adult caregiver, you are aware of personal information about users of your services and have a legal and ethical duty to ensure that it is treated confidentially (a discussion of the legal framework for handling information can be found here). In my role, it is important to develop and maintain good interpersonal relationships with everyone I deal with; This provides a substrate for all levels of communication. One of the ways I help others maintain effective communication in my workplace is to provide employees with easy access and an easy-to-use template of documents they can use if they have information to share. An Information Sharing Agreement (ISA) is a set of rules that all parties involved must follow when sending, receiving, processing, storing, and disposing of data. It should be structured in such a way as to benefit users of the service and they should be able to trust that their information will be treated securely and responsibly. It must be a clear document written in simple and easy-to-understand language. The ISA should specify why information should be shared, which organisations are involved, what types of information should be shared and how this is compatible with the Data Protection Act (1998) and the Freedom of Information Act (2000).

There should be clear guidance on the amount of information to be shared in order to avoid the inclusion of irrelevant or excessive information. Examples of documents for the application and exchange of information should be included, as this promotes the standardisation of the data set to ensure that information is recorded consistently across all relevant organisations. As a service that has been open for just over a year, we are still in the process of refining the communication methods and systems within the department for internal employee communication. There are several sources of information (as described above) where different types of information are stored.