Unit 1 Use and develop systems that promote communication.
In this unit I will look at why effective communication is necessary, being able to meet the language needs of individuals and being able to overcome barriers to communication.
Data Protection Act 1998 regulates the processing, of this information which includes; obtaining handling, storage, recording and disclosing of personal data.
Human Rights. Article 8; looks at the right to the respect and privacy of family life which does not have undue intervention form the state. This right is not however absolute; as disclosure of confidential information in order to protect the welfare of a child needs to be justified and deemed necessary to prevent crime or protect the health and welfare of a child. This could cause a massive disruption to private or family life and needs to be evaluated very carefully and therefore it is tested under the same proportionality as the common law duty of confidence is utilised.
The CLDC is not a written Act of Parliament. It is “common” law. This means that it has been established over a period of time through the Courts.
It recognises that some information has a quality of confidence, which means that the individual or organisation that provided the information has an expectation that it will not be shared with or disclosed to others.
For information to have a quality of confidence it is generally accepted that:
• it is not “trivial” in its nature
• it is not in the public domain or easily available from another source
• it has a degree of sensitivity
• it has been communicated for a limited purpose and in circumstances where the individual or organisation is likely to assume an obligation of confidence. For example information shared between a solicitor/client, health practitioner/patient, etc.
However, as with the HRA, confidentiality is a qualified right. The Council is able to override a duty of confidence when it is required by law, or if it is...