Policy

Data Protection Policy

Lawful, fair and secure processing of personal and special category health data across all regulated activities

For Private Healthcare ClinicRef BS-PH-POL-005See a sample (PDF) →
£54.99
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  • Instant download after checkout
  • Editable Microsoft Word (.docx)
  • Mapped to the CQC standards
  • Optional 3-monthly updates

What's inside

This policy is fully drafted and structured, ready to brand and complete for your service. It covers:

  • 1. Purpose
  • 2. Scope
  • 3. Policy statement
  • 4. Definitions
  • 5. Data protection principles
  • 6. Lawful bases for processing health data
  • 7. Transparency and privacy information
  • 8. Individual rights and subject access requests
  • 9. Information sharing and confidentiality
  • 10. Data security and technical safeguards
  • 11. Data Protection Impact Assessments and data protection by design
  • 12. Personal data breach management
  • 13. Retention, archiving and secure destruction
  • 14. International transfers and use of processors
  • 15. Roles and responsibilities
  • 16. Training and awareness
  • 17. Records, monitoring and audit
  • 18. Related documents
  • 19. Version control and review
  • Appendix A: Data breach reporting quick-reference checklist
  • Appendix B: Subject Access Request log template
  • 20. Disclaimer

Legislation & standards it maps to

  • UK General Data Protection Regulation (UK GDPR)
  • Data Protection Act 2018
  • Data (Use and Access) Act 2025
  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 - Regulation 17 (Good governance)
  • Care Quality Commission (Registration) Regulations 2009
  • Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR)
  • Common Law Duty of Confidentiality
  • Caldicott Principles (National Data Guardian) and the Data Security and Protection Toolkit
  • Computer Misuse Act 1990
  • Human Rights Act 1998 - Article 8

Who it applies to

All directors, employees, bank and agency staff, registered managers, clinicians, healthcare assistants, administrative and reception staff, contractors, volunteers, students on placement and any data processor acting on behalf of [Organisation Name].

Glossary

Plain-English explanations of the technical terms and legislation used in this document.

Accessible Information Standard (DCB1605)
A standard requiring health and care providers to give people information in a format they can read and understand, such as easy-read or large print.
Adequacy regulation
A UK government decision that another country protects personal data well enough for data to be sent there without extra safeguards.
Article 28 contract
A written agreement the UK data-protection law requires between an organisation and any outside company that processes personal data on its behalf.
Caldicott Guardian
The senior person responsible for protecting the confidentiality of people's health and care information.
Caldicott Principles
A set of national rules guiding when and how confidential health and care information may be used and shared.
Care Quality Commission (CQC)
The independent regulator of health and social care services in England.
Common law duty of confidentiality
A legal duty, developed by the courts, to keep information shared in confidence private and not disclose it without good reason.
Cyber Essentials
A UK government-backed certification scheme that shows an organisation has basic protections in place against common cyber attacks.
Data (Use and Access) Act 2025
A UK law that updates how personal and other data may be used, shared and accessed.
Data controller
The organisation that decides why and how personal data is collected and used.
Data processor
An outside party that handles personal data only on the instructions of the organisation that controls it.
Data Protection Act 2018
The UK law that sits alongside the UK GDPR and sets additional rules for handling personal data.
Data protection by design and by default
Building privacy protections into a service from the start and setting the most privacy-friendly options as standard.
Data Protection Impact Assessment (DPIA)
A check done before a new activity to identify and reduce risks to people's personal data.
Data Protection Officer (DPO)
The appointed expert who advises an organisation on data-protection law and monitors that it is followed.
Data Security and Protection Toolkit
An online self-assessment that health and care organisations complete each year to show they handle data securely.
Data subject
The living individual that a piece of personal data is about.
Information Commissioner's Office (ICO)
The UK regulator that enforces data-protection and information-rights law.
Information governance
The framework for handling people's personal and health information legally, securely and appropriately.
International Data Transfer Agreement
A standard UK contract that provides legal safeguards when personal data is sent to a country outside the UK.
Lasting Power of Attorney
A legal document letting someone make decisions, such as about health and welfare, on behalf of a person who cannot decide for themselves.
Lawful basis
One of the specific legal reasons the law requires before an organisation may process personal data.
Least privilege
Giving each member of staff access only to the information and systems they need to do their job.
Mental capacity
Whether a person can understand and make a particular decision for themselves at the time it needs to be made.
Multi-factor authentication
A login method that requires more than one form of proof, such as a password plus a code, to confirm who you are.
National Data Guardian
An independent adviser who champions the safe and confidential use of people's health and care data in England.
National Data Opt-Out
A choice people can make to stop their confidential health information being used for purposes beyond their direct care.
Nominated Individual
The senior person responsible to the regulator for supervising how a service is provided.
Notifiable event
An incident a provider is legally required to report to the regulator, such as a death or serious injury.
Personal data
Any information that relates to and can identify a living individual.
Personal data breach
A security failure that leads to personal data being lost, destroyed, altered or disclosed without authorisation.
Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR)
The UK law governing electronic marketing, cookies and the privacy of electronic communications.
Privacy notice
A clear statement telling people what data an organisation collects about them and how it is used.
Record of Processing Activities (ROPA)
A written record of all the ways an organisation uses personal data, required under data-protection law.
Records Management Code of Practice 2023
National guidance setting out how long health and care records should be kept and how they should be managed.
Redaction
Blacking out or removing information from a document, for example to protect details about another person.
Registered Manager
The person registered with the regulator as responsible for the day-to-day running of a service.
Regulated activity
A type of care or treatment the law requires a provider to register with the regulator to deliver.
Risk assessment
A structured check identifying what could cause harm and what is being done to prevent it.
Safeguarding
Protecting people's health, wellbeing and rights and keeping them safe from abuse, harm or neglect.
Senior Information Risk Owner (SIRO)
The board-level person who owns the organisation's information risk and signs off how it is managed.
Single assessment framework
The structure the regulator uses to judge a service, built around quality statements and five key questions (safe, effective, caring, responsive, well-led).
Special category data
Sensitive personal data, such as information about health, that the law gives extra protection.
Subject Access Request (SAR)
A person's legal right to ask for a copy of the personal information an organisation holds about them.
UK General Data Protection Regulation (UK GDPR)
The UK's main data-protection law governing how personal information is collected and used.
Virtual Private Network (VPN)
A secure, encrypted connection that lets staff access systems safely over the internet, including when working remotely.

How it works

  1. Buy securely with Stripe - instant, no VAT, no account needed.
  2. Download your editable Word file from the link we email you straight away.
  3. Complete the placeholders for your service, then have it approved before use.
  4. Add the optional updates subscription and we keep it current as guidance changes.

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