Information Governance

The purpose of this document is to ensure that Chestnut Hypnotherapy has a framework that ensures the rights and freedom of individuals in relation to their personal data (Article 1) and adheres to best practice in the management of client information and business records.

Information Governance sets out the way in which information collated by an organisation is managed and ensures that any information collected;

is the right information
is in the right place
at the right time
with the right people
for the right reasons

This is a live document and may be updated at any time to reflect changes in law or growth of the business, and therefore should be revisited regularly to check for any updates. Chestnut Hypnotherapy is fully committed to ensuring clients privacy and data protection rights.

For the purpose of this policy Bonnie Williamson is the named Data Protection Officer/Controller and Head of Organisation.

Information Governance Framework Principles for Chestnut Hypnotherapy

1. Assessment needs for Information Governance (IG) Training have been identified and fully met, with a 75-minute GDPR CPD Course provided by the Clinical Hypnotherapy School (www.clinicalhypnotherapyschool.com) completed. Refresher training is completed every two years.

2. Any changes to the business processes and/or operations will be planned and will comply with the framework to ensure any risks to personal and sensitive information are minimised. e.g. I will write a risk assessment detailing how I will minimise the loss of data should I choose to change the way I hold my client’s data, such as changing from using one electronic database software, to another.

3. Any data collected is solely for the purpose of providing a person-centred service to an individual client. As part of this I collect data for Clinical Outcome Research Programme CORP storing a first name only and age, sex and condition on CORP Research Programme. Client information is not identifiable but enables clients to see their progress. I can also compare my data with National Data.

4. The Caldicott Principles are used to provide guidance in best practice when handling personal data, alongside the ICO’s Office Codes of Practice. (https://www.igt.hscic.gov.uk/Caldicott2Principles.aspx)

5. All technology used to store or facilitate information and communication is maintained according to the Data Retention Policy for Chestnut Hypnotherapy.

6. All records are identifiable, locatable, retrievable, and intelligible according to regulations set out by GDPR.

7. It is the responsibility of the Data Controller to ensure sufficient resources are in place to prioritise adhering to Data Protection Legislation in the business.

9. Any electronic devices where personal or sensitive, confidential information is held will be password protected.

10. Procedures have been put in place to ensure the General Data Protection Regulations are met. These can be found in Section C.

Section B

Privacy Notice: Use of information

In accordance with this data retention schedule there may be occasions when data is not destroyed due to ongoing investigation, ligation or enquiry. The data will be deleted upon confirmation that it is no longer required.

On some occasions anonymised personal data will be retained whereby a client has provided a testimonial for use on the organisation’s website. When data is non-identifiable GDPR law is no longer applicable. [Non-identifiable means that if this data was left on a bus, no one, including the data subject would be able to identify that this data was relating to them.]

Personal information is collated and stored in hardcopy in a locked filing cabinet behind a locked door.
Any document containing personal data will state “Official-sensitive, private and confidential” clearly.
All emails will contain a privacy statement.

Under the General Data Protection and Retention (2018) legislation, regarding how your personal data is processed, all individuals have;

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; and
the right not to be subject to automated decision-making including profiling.

Please note that Chestnut Hypnotherapy does not use automated decision-making tools, including profiling.

If any information held is noted to be incorrect an individual can request a correction be made to their own personal information. If you wish for your data to be provided to another service provider, you may also request this in writing.

Website visitors

When an individual visit https://chestnuthypnotherapy.com

I use Google analytics who are considered a third-party service, to collect information about what visitors do when they click on my website, e.g. which page they visit the most. Google analytics only collect non-identifiable data which means I or they cannot identify who is visiting. Chestnut Hypnotherapy will always be transparent when it comes to collecting personal data and will be clear about how that data is processed. Google analytics privacy notice can be found here: https://policies.google.com/privacy/update?hl=en

GoDaddy

GoDaddy is a third-party service that hosts Chestnut Hypnotherapy’s website. GoDaddy also uses cookies to collect anonymised data to collect visitor information such as how long an individual remains on a page of a website. GoDaddy privacy notice can be found here for further information: https://uk.godaddy.com/legal/agreements/archived-privacy-policy

Social Media

Chestnut Hypnotherapy uses a third-party provider, Canva, to manage its social media postings on Facebook. No client data is obtained. Canva’s privacy policy can be seen here: https://about.canva.com/privacy-policy/

Chestnut Hypnotherapy has a Facebook Page. Privacy of Messaging on Facebook and Instagram are in line with their Privacy policy which can be seen here: https://www.facebook.com/policy.php

Chestnut Hypnotherapy has an Instagram Page. Privacy of Messaging on Instagram and Instagram are in line with their Privacy policy which can be seen here: https://help.instagram.com/519522125107875

Chestnut Hypnotherapy uses AdobeSign to send paperwork to sign electronically. The client's email is therefore shared with them. The Adobe Sign privacy policy can be viewed here:https://www.adobe.com/si/sign/digital-signatures.html

https://business.adobe.com/uk/privacy/general-data-protection-regulation.html

Chestnut Hypnotherapy uses as third-party provider Mailchimp which is used for sharing content which requires a first name and email to obtain. Mailchimp’s privacy policy can be viewed here: https://mailchimp.com/legal/privacy/

Chestnut Hypnotherapy uses Halaxy for online notes. It is bank grade encrypted with 2 factor authentication. I am the only person authorised to access the notes. No-one from Halaxy can read notes written by me.The Halaxy Privacy policy can be viewed here:

https://www.halaxy.com/article/privacy-eu

Data Processing

What are the lawful basis for processing data at Chestnut Hypnotherapy?

In relation to communicating with my clients: The individual has given clear consent for their data to be processed for the specific purpose/s detailed in the consent form stored in their personal file.
Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
Processing is necessary for your legitimate interests as specified in Article 9 of the GDPR;

1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

2. Paragraph 1 shall not apply if one of the following applies:

(h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;

3. Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

This means that Chestnut Hypnotherapy does not require consent to hold your data to provide a service but does require your consent to contact you for specific purposes. Participating in the service by attending more than one appointment implies that you agree with the Terms and Conditions provided to you at the commencement of service delivery.

Description of processing

The following is a broad description of the way this organisation/data controller processes personal information. Clients wishing to understand how their own personal information is processed may choose to read the FAQ’s / Terms and Conditions for treatment document, which compliments the policies detailed here.

Reasons/purposes for processing information

Chestnut Hypnotherapy processes personal information to enable the provision of Psychotherapy and Hypnotherapy, to advertise services and to maintain accounts and records.

Type/classes of information processed

Chestnut Hypnotherapy processes information relevant to the above reasons/purposes. This information may include:

personal details
family, lifestyle and social circumstances
goods and services
financial details
employment and education details

Chestnut Hypnotherapy also processes sensitive classes of information that may include:

physical or mental health details
racial or ethnic origin
religious or other beliefs of a similar nature
offences and alleged offences

Chestnut Hypnotherapy processes personal information about:

clients
suppliers
business contacts
professional advisers
supervisors

Section C

Data Breach

All personal and sensitive data held by Chestnut Hypnotherapy is held securely. Electronic data stored on a computer is stored on a password protected computer, in password protected documents held on the C: Drive of the computer. This supports the ability to retrieve data in the event of faults. Hardcopy data is held securely in a locked cabinet behind a locked door.

In the case of a data breach Chestnut Hypnotherapy shall comply with the regulations set out under Article 33 of the GDPR stated below;

1. In the case of a personal data breach, the data controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the ICO, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of the individual. Where the notification to the ICO is not made within 72 hours, it shall be accompanied by reasons for the delay.

2. The notification referred to in paragraph 1 shall at least:

(a) describe the nature of the personal data breach including where possible, the approximate number of data subjects concerned and the categories (e.g. sessions notes, phone numbers) and approximate number of personal data records concerned;

(b) communicate the name and contact details of the data controller where more information can be obtained;

(c) describe the likely consequences of the personal data breach;

(d) describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

4. Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.

5. The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.

6. In the event that a data breach will likely cause a risk to the rights and freedoms of client data, the data controller must communicate the nature of the breach in clear, concise and plain language, to the client/s involved, without delay.

7. If a breach occurs but the data controller has gone to appropriate lengths to protect the data held on the client (e.g. password encryption of electronic files), or if the data controller has taken subsequent action to prevent the risk (e.g. immediately blocking a mobile device) then notifying the client will not be required.

Subject Access Request

A Subject Access Requests (SAR) permits individuals to request a copy of their personal information.

A SAR must be acted upon within one month, at the most within two months, any longer and reasonable reason must be provided. There are no fees unless there is a disproportionate fee to the organisation for sending out the information. Application for SAR should be held alongside session records, unless application was made after eight years of the end of treatment. In which case the SAR will be held for a further two years after closure of SAR.

A SAR request will include information we hold about you, Chestnut Hypnotherapy will:

• give you a description of it;

• tell you why we are holding it;

• tell you who it could be disclosed to; and

• let you have a copy of the information in an intelligible form.

SAR requests should be put in writing to Chestnut Hypnotherapy. A response may be provided informally over the telephone with your agreement, or formally by letter or email. If any information held is noted to be incorrect an individual can request a correction be made to their own personal information. If you wish for your data to be provided to another service provider, you may also request this in writing. I may have a legal basis to continue to hold your data and will notify you of this if that is the case. Any requests should be made in writing to Chestnut Hypnotherapy.

Right to Erasure

Any person may put in a request for their personal data to be removed (the ‘right to be forgotten’ or the ‘right to erasure’). In this instance hard copy data will be shredded using a cross shredding machine owned by the organisation and any electronic data will be permanently deleted. The client will be notified of the completion. The request for deletion of data and the confirmation of completion will be held securely until eight years after the request was made. In some instances my supervisory body or insurance company may require me to lawfully hold your files until the end of their retention period. If this arises I will notify you at my earliest opportunity.

Complaints

Chestnut Hypnotherapy hopes to the meet the highest quality standards when processing personal and sensitive data. Complaints can help identify areas for improvement and therefore Chestnut Hypnotherapy would welcome you raising any concerns you have.

These Information Governance Policy documents were created to be as transparent and understandable as possible. It will not be completely exhaustive of all aspects of data collection. If you would like further information about a specific process, please contact Chestnut Hypnotherapy.

If you feel you would like to make a complaint about how your personal and sensitive data is handled by Chestnut Hypnotherapy you can contact Chestnut Hypnotherapy directly. In the event that Chestnut Hypnotherapy cannot resolve your complaint to your satisfaction you can contact the Information Commissioners Office on 0303 123 1113.

Safeguarding your privacy

In the event of my death or sudden illness, Lucy Williamson will contact existing clients and archive any client files in accordance with General Data Protection Regulations.

This may mean shredding any hardcopy documents, and having any electronic documents saved on a hard drive professionally wiped or destroyed by a GDPR complaint technician.

You can find my full list of Policies and Procedures on my website. I can also provide you with a hard copy of these upon request.

What is the General Data Protection Regulations, 2018 (GDPR) and how does it affect me?

The GDPR replaces the 1998 Data Protection Act to ensure your personal and sensitive, confidential data is kept private and held securely, being processed in the way that you have agreed to. It is there to protect your rights as a consumer of a service or product that might involve your identifiable data, e.g. your name and address or whether you have a specific condition. It also covers any session records, text messages or emails we exchange. For more information your can read the policy documents accessible via your welcome information pack.

How long will you hold my information for?

I am regulated by the CNHC, an organisation that stipulates I must hold your data for 8 years after your final session. Unless you are a child, in which case I must hold your data until your 25th birthday, unless you are 17 when treatment ends and then I must keep it until your 26th birthday. Therefore, all records will be deleted in the January after the above retention scales. This is in line with NHS regulations for holding data.

What if I don’t want my records to be held for that long?

Under the GDPR you can make a request in writing to me, for all your records to be deleted. In this case all your paper records would be shredded with a cross shredding machine and any electronic data such as emails or text messages would be permanently deleted from the devices they are stored on. I would have to save the request for deletion you made but would not save any other data. In some circumstances my insurance companies legal team may want to verify information I process.

Why do you need to record this information?

I collect information about; why you are using the service, a small amount of medical information and a small amount of information about your important others, alongside brief session notes. This information enables me to provide a high-quality service to you, ensuring I am equipped with the knowledge of our previous discussions prior to each session. Your contact details / address and Doctors details will only be used with your explicit consent. See consent form below.

I also have some third party services that collects information that cannot identify you, when you visit my website. This lets me know how many visitors visit my website, what country they are from, and how long they spend visiting my website.

What lengths are made to ensure my information is held securely?

Hardcopy documents – Are all stored in a locked cabinet in a locked room.

Text messages – My work phone is secured with a pin code.

Emails – My email account requires a user name and password.

Email attachments – Any attachments sent by email to you containing your personal information would be password protected and the password would be sent to you via text message.

Electronic documents – Any electronic documents e.g. A letter to your GP, or an invoice, are password protected and stored on a password protected computer if they contain personal or sensitive information.

Is what we discuss kept confidential?

Everything we talk about during our sessions are strictly confidential between you and me. To ensure I am doing my job effectively and that I have the right support, I may discuss elements of our sessions with my supervisor. During these discussions I do not disclose any details that may identify you to my supervisor, and my supervisor also adheres to the GDPR.

What if I see you outside of the session?

If we see each other outside of a session I may smile but will not engage in any further conversation to ensure your confidentiality. You are welcome to share with other people about the therapy you are receiving, but I am obligated by GDPR law to ensure your confidentiality is protected. I would request that in order to ensure the success of your treatment, that you refrain from discussing your treatment with me outside of your sessions.

What about other Health and Social Care Professionals?

As I adhere to the GDPR any contact, relating to you, with other health care professionals would only be made with your signed consent. E.g. If I were to write to your GP to notify them of your treatment with me, and then notify them of the treatment ending, I would only do this if you were to sign the specific consent for this at the end of this document.

Exceptions:

In order to safeguard you and the people around you, if you were to disclose that you were going to carry out harm to yourself or someone else, then under my “Duty of Care” I am obligated by law to inform the relevant authorities. This is to support you to live well, and I would always aim to discuss this with you prior to contacting anyone.

If I was issued with a police warrant or court order for your information, by law I would also have to provide them with your information

Email Privacy Statement

I have an email privacy statement on my email signature:This email may contain personal and sensitive information and is intended for the recipient only. If you are not the intended recipient, please notify me by email or phone as soon as possible.Thank you

Consent to use for testimonials

· If you consent to the use of testimonial my testimonial request information will be as follows:

· Thank you for taking the time to write about your experiences of the service. Please sign below if you agree that your testimonial may be published on my website or literature used at my sole discretion. Please note that this also provides me with rights to edit your testimonial, but never in a way that will create a misleading impression of your thoughts. You can ask me to remove this at any time in writing and I will provide 30 days’ notice to delete it on electronic format and will not use it again on hardcopy literature. I will require a written note from you below if you also give me permission to use your first name, and further consent to cite your city/town/village

· Please Read This Document Carefully

· The frequently asked questions and related answers in this document establish the terms and conditions for treatment at Chestnut Hypnotherapy.

· Please ensure that these terms and conditions are fully accepted by you prior to attending subsequent appointments. If you feel you would require a change to your terms and conditions, please speak with me prior to our second session.

· Signed Consent (in line with the new General Data Protection Regulations (2018))

· As the processing of your personal data is required to enable me to provide you with a service, I do not require consent from you to hold your information securely or to provide you with this service, but will take this opportunity to assure you I adhere to all laws and procedures relating to data protection (Article 9,paragraph 2, (h) of the GDPR) and will only use your data to provide you with this service and for any further reason you explicitly consent to below.

· Please tick and sign below to confirm you consent to contact from Chestnut Hypnotherapy for the purpose of;

· evaluation of service ☐ newsletters ☐ promotional offers ☐

· Please tick to confirm what formats you agree for Chestnut Hypnotherapy to contact you with:

· Text ☐ Phone call ☐ Email ☐ WhatsApp ☐ Zoom ☐

· Signed…………………………………………………………………………Date……………………………………………

· Your privacy and confidentiality are important, and Chestnut Hypnotherapy will never use your information for any purpose other than that to which you have explicitly consented to above. You may withdraw consent at any time by getting in touch via 07881 985 501 bonnie@chestnuthypnotherapy.com

· I have discussed, and been provided with access, to the GDPR Policies and Procedures for ChestnutHypnotherapy.

· Signed…………………………………………………………………………Date……………………………………………

· .

Information Governance Policy

Additional Information

Retention Scedule

Information Sharing Letter

Information Governance Policy

Additional Information

Retention Scedule

Information Sharing Letter

Cookie Policy