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The right to confidentiality is partly covered by the data protection act 1998, the human rights act 1998 and principles established by common law. The data protection act sets out eight principles which are basically a code of practice for processing personal data, my workplace policies and procedures are based around these legislations. The human rights act 1998 details within the act the right to a private life, there are also the CQC standards that health and social care workers have to abide by. There are also the Caldecott standards which govern the sharing of information based on the data protection act
Data protection act 1998 – The data protection act
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CU2479 Promote Good Practices in Handling Information in Health and Social Care Settings
1. Understand requirements for handling information in health and social care settings.
2.1 Identify legislation and codes of practice that relate to handling information in health and social care.
Legislation and codes of practice that relate to handling information in health and social care are as follows:
* Data Protection Act 1998
* Freedom of Information Act 2000
* Carers Code of Practice
* Caldecott Principles
* Human Rights Act1998
* Caldecott Principles
* Care Standards Act
The Data Protection Act 1998 is a key piece of legislation to ensure
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classification to help data controller find the information he/she need. Ann had lost the notes taken at interview because the notes were paper based. If Ann holding the details with computer system, she would not be complained by the ladies who believe that Ann has been unlawfully discriminated.
Question three: Advice Ann of key factors which she must be aware of in ensuring that Goodwin’s plastics is adhering to the requirements of the Data Protection Act 1998.
The responsibility of data controllers is to adhere to the following eight principles of the Act:
← Personal data shall be fairly and lawfully processed;
← Personal data held shall only be used for a specified
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CYP Core 3.3: Understand how to safeguard the well-being of children and young people.
There are many legislations that affect safeguarding, some of which are The UNCRC; The Children’s Act 1989, 2004; The Data Protection Act 1998 and The Protection of Children Act 1999.
The UNCRC - The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. The UK signed the convention and it came into force on 15 January 1992.
The UNCRC is presently the most widely international human rights treaty. It is the only international human rights treaty to include
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within the next three years. They are expected to change national laws, to ensure, that every country has the similar laws and so similar chances and possibilities for trade by 1998. Of course this fact leads and will lead to further discussions and many countries will doubt about some points again. Therefore the EU included an article how the guideline has to be converted into national law. As data protection is part of the basic rights, the conversion must not affect these rights. Moreover it should improve all kind of protection, because all memberstates are free in the way of implementing the guideline. Additional laws ensuring its effectiveness may be passed and conflicts with national
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provide an online shopping service and for a time was the biggest online retailer in Europe seeing its orders rise from 15,000 to 60,000 a week worth approximately 5m each week. Paying for these goods involves handing over personal data and the supermarket is obliged under the data protection act of 1998 to keep the data safe and not use or distribute it in any unlawful way. Here is the section of the data protection act that is relevant to the data of an individual.
Excerpt from the “Data Protection Act 1998”
An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information
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allergies to anything equipment we are using that could cause her have asthma so them we need know if we have the medicine for that like inhaler
Regulation under the health and safety at work Act 1974, as the year passes since the HASAWA was first passes, extra regulations have been out into places to reflect changes in practices, technology and understanding. These regulations include;
Data Protection Act 1998
REPORTING OG INJURIES, DISEASES AND DANGEROUS ACCURRENCES REGULATIONS (RIDDOR) 1995
Control of substances Hazardous to health (COSHH) Regulations 2002
Manual handling operations regulations 1992
Food Safety Act 1990
General food hygiene regulation 1995
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Information Technology and the Rise of Ethical Issues
The purpose of this research is to identify what are the advances in information technology that resulted in new ethical issues necessitating the creation of the Telephone Consumer Protection Act (TCPA), 1991, and the Children’s Online Privacy Protection Act (COPPA), 1998. To start examining the ethical issues of each act it was necessary to understand the meaning of the act and who the act affected. Each act applied to different age groups yet pertained some of the same ethical issues for the creation of each act. Once the meaning behind the acts were identified, the ethical issues were easy to recognize.
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to its employees. If an employee isn’t being paid fairly and under the minimum wage then they are entitled to make a claim and contact the government and the business could be seriously fined
Data protection act 1998
The Data Protection Act 1998, was created to give a right of access to ‘personal data’. This personal data qualifies as any information held by a company that relates to an individual. Personal data is often collected when an individual completes the purchase a product or service from a company. It can consist of contact details, for example phone number and address, bank details or any other necessary details needed to buy a product or sign up to a service. Most companies in
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easier to use if you’re not familiar with the software
Essential items of UK legalisations relating to recording and storing information
* The Human Rights Act is a UK law passed in 1998. It means that you can defend your rights in the UK courts. This act protects privacy of the individuals, particularly under article 8 of the act: ‘’ everyone has the right to respect for his private and family life, his home and his correspondence ‘’. It is essential for everyone to be familiar with it, especially for the employees and HR department.
* Data Protection Act: this act applies to any and all types of data keeping including computerised and not computerised records. It applies to any
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cost when the third party abuses her data (for instance, for spam,
adverse price discrimination, and so forth; see Odlyzko (2003)). Such negative externality
on the consumer is not internalized by the rm (Swire and Litan, 1998). Noam (1997) also
acknowledges that transaction costs, poverty, and other hurdles may not allow consumers to
acquire privacy protection under standard market conditions.
Hermalin and Katz (2006) criticize the Chicago School's argument that privacy protection
is inherently welfare-diminishing. They note that data protection may have
eects on economic welfare. For instance, the protection of privacy can make it possible to
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easily produced. Original documents have a very high value as they very difficult to be amended or altered (i.e. birth certificates, passports, signed contracts, government documents and licences). They would become invalid if tempered with. Ultimately, this can lead to other more serious consequences.
2.2 Explain legal requirements relating to the recording, storage and accessibility of HR data.
Since HR data can be of very sensitive and personal nature it is important to regulate the process, access and storage of it. The Data Protection Act 1998 (DPA) regulates how personal data stored by HR filing systems (manual or electronically) is processed. It imposes obligations on those
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To describe the constraints and limitations under which marketers operate.
In this assignment I will discuss legal and voluntary limitations and constraints for marketers.
The legal limitations and constraints on marketers
There are many legal limitations and constraints on marketers, these are: The sale of goods act 1979, The consumer protection – distant selling – regulation, The data protection act 1998, The consumer credit act 1974 + 2006 and The consumer protection from unfair trading regulation 2008.
The Sale of goods Act 1979 - The sale of goods act is an act enforced by the United Kingdom’s parliament. The act regulates the English and commercial law in respect of goods that
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Another area my team monitor closely is the data protection. We follow the data protection act 1998 guidelines closely. The excel spreadsheet provides no data that can be misused, however the substance data collection system does. However the programme has a cleverly designed restricted access security systems, so staff, depending on their level of clearance have limited access. We also require substance to only be accessed using computers at the Stadium or the Training Ground. We carry out spot checks on when and where data was inputted to ensure staff are adhering to the rules.
In conclusion I feel we are currently getting the most form our data collection systems. Although substance
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privacy. By continuing, you consent to your keystrokes and data content being monitored.” Children’s Protection Act, 2000 (CIPA).
At the rate that technology keeps growing and the way it influences our daily lives, our kids are put at risk, unknowingly, by using just about any device at home, at school, at the library, or now just about anywhere, especially with new devices that parents totally unaware of, such as MOBILE HOTSPOT from Verizon, which connects your Wi-Fi-enabled devices to the Internet by creating your own mobile hotspot. Anyone is able to access personal information through the World Wide Web nowadays. They can create a bogus name, etc., and be able to access sites that
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from bias, and that inappropriate comments are challenged and excluded from the training environment. When advertising courses and delivering learning, an assessor should not stereotype or in any way disadvantage groups of candidates. The environment and all should enable access and include facilities to meet all candidates ‘needs.
The Data Protection Act 1998 requires any organisation that holds any data on individuals, electronic or otherwise, for more than two months, to register as data users. It restricts the sharing of data. Caution should be taken when holding records associated with candidates, staff or partner companies. For my own workplace we have password protected computers
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have a safe environment in which to learn and develop (Children Act 2004). The various Acts and Codes of Practice applicable to the Lifelong Learning profession seek to ensure this. Being aware of and meeting the legislative requirements is essential for the protection of both teachers and students. For example, this would include protection from discrimination (e.g. Race Relations Act 1976, Race Relation (amendment) 2000, Disability Discrimination Act 1995 and 2005), meeting the requirements of the Health and Safety at Work Act 1974 ensures a safe working environment and meeting the requirements of the Data Protection Act (1998) ensures that an institution processing information relating to
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might not remember or even taking medication or going to the doctors.
Data Protection Act:
This act states that if you are dealing with a person’s personal information you will need to follow a number of legal regulations which are under the Data Protection Act 1998. This act has eight principles which need to be followed:
1. Personal Data should be processed fairly and lawfully
2. Personal Data shall be obtained only for one or more lawful purposes
3. Personal Data shall be adequate, relevant and not excessive
4. Personal Data shall be accurate and up to date
5. Personal Data shall not be kept for any longer than necessary
6. Personal Data will be processed in accordance
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identity theft, safeguarding data, regulatory compliances, and these red flags dealing with the Fair and Accurate Credit Transaction Act (FACT) law on December 4, 2003, (ECT News Network, 1998-2013).
FACT deals with identity theft and the protection of the customer and business data. FACT also provides as follows:
* Identify theft prevention and credit history restoration
* Fraud alerts, truncation of credit and debit card numbers
* Identification of possible identity theft (Red Flag Rule)
FACT helps business organization and consumers from protecting from cyber intrusion of identity theft while using the terms and condition of shopping online or any retail store
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Promote good practice in handling information in heath and social care setting
It is important to understand the requirements for handling information in the health and social care setting. There are a number of legislation affecting recording, storage handling information such as.
Data protection Act 1998
Freedom of information Act 2000
Health and social care Act 2008
Human rights Act 1998
Equality Act 2010
There should also be a code of practice for my employer which will be based on the requirements of the law. All these have been put in place so that the information is not just physically safe but is also protected from people who do not need to know
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date and EMTEP will facilitate and help towards meeting these needs.
Maintain memberships with institutions that are in the EMTEP code and conducts booklet.
Always follow EMTEPs code of conduct booklet and refer to any updates or changes that are made.
* Health and Safety at Work Act 1974
* Equality Act 2010
* Data Protection Act 1998
* The Children Act 1989 & 2004
* Protection of Children Act 1999
* United Nations Convention on the Rights of the Child 1989
* Safeguarding Vulnerable Groups Act 2006
* The Rehabilitation of Offenders Act 1974
* Disability Discrimination Act 1995 & 2005
* Special Educational Needs and Disability Act 2001
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Protection Act 1998. * I understand that the work/evidence submitted for assessment may not be returned to me and that I have retained a copy for my records. * I understand that until such time as the assessment grade has been ratified through internal and external quality assurance processes it is not final. |
Signature: | Michelle Lillicrap | Date: | 10.05.14 |
You have a new HR Director, they have requested that you review the organisation’s approach to collecting, storing and using HR data and produce a briefing note on your findings. Within your note, you should cover the following:
In this briefing note I will be looking at some of the many reasons why
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in mandatory reporting. That all professionals whose work is associated with children must report instances where they are “at risk of harm”.
Out of home care (OOHC), Non-Government organisation (NGO), and Children’s guardian (OCCG)
Increased use of non-government out of home care placements. NSW Children's Guardian introduces standards framework for OOHC.
New Legislation in NSW
Assentation of new child protection legislation, Children and Young Persons (Care and Protection) Act. (see hand out)
Aboriginal families and children are overrepresented in the child protection system. In NSW, approximately 2% of the population identify as Aboriginal
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chronic disease or are aged , infirm or physically incapacitated and are living in unsanitary conditions. It must be shown that they are unable to devote proper care and attention to themselves and are not receiving it from others.
And to conclude is a list of Relevant statues and Bills
Care Standard Act 2000
Carers and Disable Children Act 2000
Carer’s (Recognition and services) Act 1995
Chronically Sick and Disable Personals act 1970
Court of Protection derived from part VII of Mental Health Act 1983
Data Protection Act 1998
Disability Discrimination Act 1995
Disable Persons (Services, Consultation and Representation ) Act 1986
Enduring power of Attorney
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* The world around us-understanding the world
* Expressive art and design
2) The early learning goals- which summarise the knowledge, skills and understanding that all children should have gained by the end of reception year.
3) The assessment requirements- when and how practitioners must assess children’s achievements and when and how they should discuss children’s progress with parents.
* Data Protection Act (1998)
This defines UK Law on the processing of data on identifiable living people. Its main piece of legislation that governs the protection of personal data in the UK. It protects people’s fundamental rights and freedoms and in particular their right to privacy with
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are being met. When communicating with individuals outside of the organization it is important again to adjust my communication depending on the situation and the person concerned. Talking about communication, when I communicate I am trying to establish a commonness with someone. That is I am trying to share information, an idea or an attitude. Carl Hovland, a well-known psychologist of a few years ago, said communication is “the process by which an individual (the communicator) transmits stimuli to modify the behaviour of the other individuals.
However key to this aspect is the Data Protection Act 1998. This links to organizational policy relating to confidentiality and to ensuring that
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how to seek help if they require it.
2. The Children’s (NI) Order
States that the welfare of the child must be the paramount consideration and it is this essential principle which underpins this guidance.
To ensure this principle is adhered to all policies and procedures must be developed with the child’s safety in mind, policies need to be fully implemented and reviewed annually.
3. Data Protection Act
Organisations must ensure that all details they hold on a child is protected and never disclosed to a third party. Staff need to ensure policies and procedures are implemented and information on children must be stored in a safe manner.
• Paper information must be
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has been paid, the debt must:
• Be more than six months old and less than four years and six months old
• Be written off
• Not have been sold or handed to a factoring company
• Not be more than the normal selling price for the items
DATA PROTECITON ACT
Due to the growth in the use of computer technology the Data Protection Act 1998 was introduced to make certain restrictions on the use of date about individuals and the use of personal data. It is likely that your organisation will hold computer data about credit customers and therefore you need to be aware of the broad outlines of the Act. However it is important to realise that the Act relates to data held about individuals not about
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, when situation arise, like when new staff start working within the home, when attending appointments, reviews, etc., when you fear the tenant may self-harm or others, they are/have broken the law, or if a tenant has a serious illness, then the appropriate bodies need to know.
These can be very difficult dilemmas to make, but need addressing promptly, if at any time you feel you need advice/help during these situation speak to your senior/ line manager, (they are there to help).
Laws have been passed which protect people’s rights to confidentiality, it is guaranteed partly by The Data protection Act 1998,partly by The Human rights ACT 1998, and partly by The common law. In addition there are
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children have the right to be protected from conflict, cruelty, exploitation, neglect and have the responsibility to not bully or harm each other. This policy means children in care get the same protection as children with families do.
Under this policy if a child is suffering from any of the above it mean their right is not there and something has to change. Whether this being with your family you would be moved to a safe place. If this is with foster carers you would be moved and kept safe due to these rights.
The last policy to be discussed is The data protection act 1998. If anyone handles personal information about individuals they have legal obligations to protect that
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conceptual framework based on balancing the risk of re-identification with the utility associated with data analysis. The primary goal should be to generate released data that are as close to the maximum acceptable risk as possible.
Health Insurance Portability and Accountability Act (HIPAA) and other privacy measures are considered having had the effect of lowering the ‘‘maximum acceptable risk’’ level and interpreting the data that is unable to be released. The journal discuss the levels of risk and utility associated with different types of data used in health services research and the ability to link data from multiple sources as well as current models of data sharing and their limitations. One
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laws and codes of practice affecting work in schools. Identify the main points
• The Data Protection Act 1998
• The UN Convention on the Rights of the Child
• Education Act 2002
• Children Act 2004 and Childcare Act 2006
• Freedom of Information act 2000
• Human Rights Act 1998
• Special Educational Needs Code of Practice 2001 and Disability
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The Data Protection Act controls how your personal information is used by organisations, businesses or the government.
Everyone responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is:
* used fairly and lawfully
* used for limited, specifically stated purposes
* used in a way that is adequate, relevant and not excessive
* kept for no longer than is absolutely necessary
* handled according to people’s data protection rights
* kept safe and secure
* not transferred outside the European Economic Area without adequate protection
There is stronger legal protection for
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(“Internet Privacy”). While at the time it was written, this law appeared to cover all of the foreseeable future, the Internet has now moved well past it. Electronic communication is not interpreted as internet searches or online databases. This leaves the door wide open for exploitation or exploration of private material (Johnson).
In 1998, Congress built upon the foundation of the Electronic Communications Privacy Act and passed the Child Online Protection Act. Author Michael Koby writes that this law aimed at halting the internet access to sexually explicit materials to children under the age of 18. He says that it placed strict regulations on website providers and that it also caused
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Code of Practice approved by Parliament and admissible as evidence in any legal action.
There are various different pieces of legislation and codes of practice that cover the teaching profession:
Health & Safety at Work Act 1974
Disability Discrimination Act 1995 & 2005
Equality Act 2006
Special Educational Needs and Disability Act 2001 Data Protection Act 1998
IFL Code of Practice for Teachers (2008)
Protection of Children Act 1999
Every Child Matters
In addition to these there are some specific regulations that need to be followed regarding construction, they are:
Building Regulations 2010
Construction & Design Management Regulations 1992
1.2 - Analyse a teacher’s
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classed as permissive information where information is shared on a need to know basis another form of sharing information is called a mandatory gateway and this is classed as all information needs to be shared about a particular situation or medical need. Some other information may need to be shared i.e. diet, allergy, religious rituals, if a child is being collected by someone other than their main carer also Special educational needs information.
Under the data protection act 1998 information needs to be kept in a safe, secure place, no information is to be taken off the premises and only share information with colleagues if they need to know.
If a child protection issue was suspected this
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sources such as social workers, National Debtline, Victim Support, Line Manager, Administrators, other teaching staff, GPs etc.
(d) Summarise key aspects of legislation, regulatory requirements and codes of practice relevant to the role and responsibilities of your own professional role.
Health and Safety at work Act 1974 | Section 2. General duties of employer to their employees. Section 7. General duties of employees.Section20. Powers of inspectors.Section 21-24. Improvement notices and Prohibition notices. |
Data Protection Act 1998 | This act regulates the processing of personal information held on paper or electronically. |
Regulations | Points |
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lesson the teacher should make sure there are sufficient resources for the lesson delivery, and should also be flexible when things do not go according to plan for various reasons like a room being double booked, IT failure or a problem with the photocopier.
The teacher is also an administrator. This includes doing many tasks like the initial enrolment of students, keeping a record of attendance (a requirement for funding purposes and incase of emergency (e.g. a fire) and complying with the Data Protection Act 1998.
All learners are entitled to equal opportunities, and any communication with students should reflect this .I believe that all students have the right to learn, and that this
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field of expertise and signpost students to either the relevant person or department should the need arise. (ref 3.2, ref 3.3)
d) Summarise key aspects of legislation, regulatory requirements and codes of practice relevant to the role and responsibilities of your own professional role. (ref 1.2)
Your role as an instructor in Engine technology will require you to be aware of key aspects of legislation, regulatory requirements and codes of practice relevant to your professional role, listed below are some of the regulatory bodies and acts you will need to conversant with.
Data Protection Act (1998) which controls the way in which personal information is retained and used by organisations
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children safe at all times.
1.5 An Explanation of the processes used by own work setting or service that must comply with legalisation that covers data protection, information handling and sharing.
Practitioners in early year’s settings must be made aware of the confidentiality policy that
complies with the Data Protection Act 1998. The policy ensures that all practitioners working in within the setting feel confident that their personal information is safe and secure. In my setting we respect the laws of confidentiality in many ways, such as:-
Information about children and young people must be kept safety filed away in a cabinet that can be locked. The information on children can only
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it should be kept private. This includes written records computer records and verbal information. Confidentiality can be broken only in exceptional circumstances if the individual is at risk or if the public is at risk.
The Data protection Act of 1998, governs the processing of information that surrounds individuals and their identity. It applies to such things as confidential, medical and case and personal records. One of the responsibilities of Data Protection Act 1998 is that information should be protected against unauthorised and unlawful use.
Confidentiality also means not divulging information about people without their consent and knowledge. As a support worker part of our
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) Special Educational Needs and Disability Act 2001 (SENDA)
5) Data Protection Act (1998)
6) Equality Act (2006)
7) Children Act (2004)
8) Sex Discrimination Act 1975 (amended 2008)
My role is to safeguard and make the learner feel safe and secure in their learning environment. The Health and Safety act is applied within teaching which comprises of several issues that must be abide by, such as its my duty as a teacher to make sure that I comply with it and share my knowledge with learners. It is my responsibility to make it certain that learners are aware and have been introduced to the rules of the institution and to deliver the important aspects of the legislation.
As a teacher I
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referred back to their GP or, in extremis, the local A & E or the Community Mental Health Team (CMHT).
All health and asocial care organisations will have guidance for the correct procedures in order to comply with relevant legislation. The Human Rights Act 1998 details for the individual’s entitlement to privacy, the Data Protection Act 1998 relates to restrictions on the gathering, handling and storing of information (and an individual’s right to access personal confidential information) and the Freedom of Information Act 2000 covers access to information not covered by the Data Protection Act but excluding personal information. Additionally, the Mental Capacity Act 2005 ensures
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practice relating to own role and responsibilities.
Legislation requires us to act according to the law set by an Act of Parliament. This is a legal requirement and any breaches of any such act can result in court action.
A Code of Practice or sometimes known as Code of Conduct, is what has been set by an employer, to ensure the correct behaviour of employees and that company procedures are followed. This will usually list numerous items of do’s and don’ts within the working environment.
Within my position with a training company, I was involved with employee risk assessments, manual handling, as well as data protection.
Data Protection Act 1998 – is an act of Parliament which defines
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Protection. The Data Protection Act 1998 (“The Act”) sets out certain requirements for the protection of your personal information against unauthorized use of disclosure. The Act gives you certain rights. Except to the extent we are required or permitted by law, the information which you provide in this application form, and any other information obtained or provided during the course of your application (“the information”) will be used solely for the purpose of assessing your application. If your application is unsuccessful or you choose not to accept any offer of employment we make, the information will not be held for longer than necessary, after which time it will be destroyed, although
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act 1986 Disability discrimination act 1995 Data protection act 1998 Human rights act NHS & Community care act 1990 Environmental protection act 1990 Public health act 1984 General Social Care Council codes of practice
2. Care workers must follow the care plan and read the risk assessment prior to carrying out any activity. Communicate with client and ensure that their opinion is heard. Always give the client a choice in matters and do not assume you know what is best for them. Support and encourage the client to carry out tasks for themselves but at the same time be wary of any health and safety issues. Explain to the client the importance of remaining safe and the methods that you use
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Protection Agency issued new guidelines. These guidelines are based on Title VI of the Civil Rights Act of 1964, which prohibited recipients of federal funds from taking actions that disproportionately impact minorities (Payne 1998). Furthermore, the EPA will move to block any state or local government environmental policy that is alleged to have disparate impact on minorities. In effect, this means that the EPA overrules any environmental state laws and regulations (Bartlett 1998).
While the government has made progress in prioritizing the issue of environmental inequity, various environmental groups have met the problem of environmental racism head-on. These
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peroxides ECT. It’s my responsibility and duty as a teacher to keep all students safe either in practical or theory of the class room.
Date protection act (2003) which states it is mandatory for all organisations that hold or process personal data. With this it the freedom of information act (2000) gives your learners the opportunity and right to request to see the information.
There are many more legislations that I have to be aware of while teaching. It is important that I keep up to date with these legislations and part of my responsibility is to make sure that they are being adhered to and I know what procedure to follow if this is not the case. I do all this by making sure I put all in place within my planning.
Data protection act-regulation/data protection-act-2003.html.
Health, safety and well-being (Julie Dalton and David neve-chapter 19-theaching in the lifelong learning –a guide to theory and practice.Avis.Fisher.Thompson.
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entitles any person to the legal right to ask for and be given information which is held by a public authority. Everyone is permitted to make a request as there are no restrictions. Within the role of the learning coach all learners have the right to see information that is kept about them.
The Data Protection Act
The data protection act protects the individuals’ right to privacy. Learning coaches must ensure all personal records are kept in a secure place and only keep the information for as long as is needed. The data protection act ensures your personal data is processed fairly and lawfully.
Copyright provides protection for materials, such as newspapers, books, music