The principles of ownership, privacy and the right to make decisions are legal rights. The Data Protection Act (1998), and (with regards to public agencies and those working on their behalf the Human Rights Act (1999) make that clear.

The data protection legislation means that everyone has a right to know:

• How and why information is being recorded about them
• Who has access to the information now and in the future
• That the information may only be used for the purpose (s) for which it was given

The Data Protection Act, 1998

This Act is for any public service provider. It says that any person has the right to confidentiality, to know which information is collected and that this data is up-to-date. Data should not be held for longer than necessary and everyone has the right to refuse to give information. The Act was amended in 2003 to include both manual data (on paper) and electronic data (on a computer). www.gov.uk/data-protection/the-data-protection-act

The Human Rights Act, 1998

This Act determines a number of basic rights for any citizen of the UK. The important one in this context is the right to respect for private and family life, home and correspondence. www.legislation.gov.uk/ukpga/1998/42/contents

For Active’s Agreed Ways of Working (Data Protection and Confidentiality) see topic 16.1

Use to answer question 6.4b of the Care Certificate