DATA PROTECTION POLICY

Anne-Marie Shilling, Homeopath at Balanced Health with Homeopathy

Scope of the policy

This policy applies to the work of homeopath Anne-Marie Shilling (hereafter referred to as ‘AMS’). The

policy sets out the requirements that AMS has in order to gather personal information for professional

purposes. The policy details how personal information will be gathered, stored and managed in line

with data protection principles and the General Data Protection Regulation. The policy is reviewed

on an ongoing basis to ensure that the AMS is compliant. This policy should be read in tandem with

the AMS's Privacy Policy.

Why this policy exists

This data protection policy ensures that AMS:

• complies with data protection law and follows good practice

• protects the rights of patients

• is open about how she stores and processes patients’ data

• protects herself from the risks of a data breach.

Data protection principles

AMS is committed to processing data in accordance with her responsibilities under the GDPR.

The General Data Protection Regulation identifies 8 data protection principles.

Principle 1 - Personal data shall be processed lawfully, fairly and in a transparent manner

Principle 2 - Personal data can only be collected for specified, explicit and legitimate purposes and

not further processed in a manner that is incompatible with those purposes.

Principle 3 - The collection of personal data must be adequate, relevant and limited to what is

necessary compared to the purpose(s) data is collected for.

Principle 4 – Personal data held should be accurate and, where necessary, kept up to date. Every

reasonable step must be taken to ensure that personal data that are inaccurate are erased or

rectified without delay.

Principle 5 – Personal data which is kept in a form which permits identification of individuals shall

not be kept for longer than is necessary.

Principle 6 - Personal data must be processed in accordance with the individuals’ rights.

Principle 7 - Personal data must be processed in a manner that ensures appropriate security of the

personal data, including protection against unauthorised or unlawful processing and against

accidental loss, destruction or damage, using appropriate technical or organisational measures.

Principle 8 - Personal data cannot be transferred to a country or territory outside the European

Union unless that country or territory ensures an adequate level of protection for the rights and

freedoms of individuals in relation to the processing of personal data.

Certain of these principles are expanded upon in the sections that follow.

Lawful, fair and transparent data processing

AMS requests personal information from patients and potential patients for the purpose of consulting

with them and providing them with advice and guidance on homeopathic treatments. The forms

used to request personal information will contain a privacy statement informing patients and

potential patients why the information is being requested and what the information will be used for.

Patients will be asked to provide consent for their data to be held and a record of this consent along

with patient information will be securely held. Patients will be informed that they can, at any time,

remove their consent and will be informed as to what to do should they wish to do so.

 In order to comply with the Data Protection Act and other relevant legislation, full and clear records of all treatments of clients are taken, kept and stored for seven years from the date of their last consultation, and in the case of children, seven years after their eighteenth birthday. At that point, all files will be securely destroyed and any digital information will be erased.

Processed for Specified, Explicit and Legitimate Purposes

Clients will be informed how their information will be used and AMS will seek to ensure that

Clients’ information is not used inappropriately. Appropriate use of information provided by

clients includes:

• Communicating with patients in order to make, change or cancel consultations

• Assessing the conditions and issues reported by patients and devising and prescribing

relevant remedies and therapies.

AMS will ensure that patients’ information is managed in such a way as to not infringe an

individual patient's rights which include:

• 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.

Adequate, Relevant and Limited Data Processing

AMS’s patients will only be asked to provide information that is relevant to support consultations and

prescription. This includes:

• Name

• Date of birth

• Gender

• Postal address

• Email address

• Telephone number

• Medical history.

Where additional information may be required, this will be obtained with the specific consent of the

patient who will be informed as to why this information is required and the purpose for which it will

be used.

There may be occasional instances where a patient’s information needs to be shared with a third

party due to an accident or incident involving statutory authorities. Where it is in the best interests

of the client or of AMS, in these instances where AMS has a substantiated concern, then consent does

not have to be sought from the patient.

Accuracy of Data and Keeping Data up to Date

AMS has a responsibility to ensure that patients’ information is kept up to date. Clients will be

required to let AMS know if any of their personal information changes.

Accountability and Governance

AMS is responsible for ensuring that her practice remains compliant with data protection requirements and can provide evidence that it has. For this purpose, those from whom data is required will be covered by the legal base of ‘legitimate interest’. Where data is to be shared, explicit consent will be obtained from the client and this consent will be formally recorded. This will be completed prior to any action being taken. 

Secure Processing

AMS has a responsibility to ensure that data is both securely held and processed. This includes:

• using strong passwords for information held within computer systems

• restricting access to computer and paper-based files

• using password protection on laptops and PCs that contain or access personal information

• using password protection or secure cloud systems

• providing adequate virus-protection and firewall software to secure computer-based

systems.

Subject Access Request

AMS’s clients are entitled to request access to the information that is held by AMS. The request

needs to be received in the form of a written request to AMS.

On receipt of the request, the request will be formally acknowledged and dealt with within one month

unless there are exceptional circumstances as to why the request cannot be granted. AMS will

provide a written response detailing all information held on the client. A record shall be kept of

the date of the request and the date of the response.

Data Breach Notification

Were a data breach to occur, action shall be taken to minimise the harm. AMS will inform any

clients where she believes their personal information has been compromised. Where necessary,

the Information Commissioner's Office would be notified.

If a client contacts AMS to say that they feel that there has been a breach by AMS, she will ask the

client to provide an outline of their concerns. If the initial contact is by telephone, AMS will ask the

cliient to follow this up with an email or a letter detailing their concern. The concern will then be

investigated fully and a response made to the cliient. Breach matters will be subject to a full

investigation, records will be kept and all those involved notified of the outcome.

Policy review date: Every 2 years, next review due December 2023