Protecting patient data: How to stay CQC compliant

Protecting patient data and staying compliant with Care Quality Commission (CQC) expectations are top priorities for the care industry in England today. The CQC’s recent push to transition all service data to digital systems means care providers are now increasingly reliant on digital platforms to manage patient information. Safeguarding sensitive data has become more critical than ever.

In this blog, we take a look at the fundamental standards expected by England’s CQC, why data protection is essential, and what best practices you should consider implementing to ensure you stay CQC compliant, in addition to maintaining compliance with the relevant data protection laws.

• Who are the CQC?
• Key CQC regulations on data protection
• Why is data protection crucial in the care sector?
• Case study: Manx Care 2022
• Best practices for data protection

Who are the CQC?

The Care Quality Commission (CQC) plays a vital role in maintaining high standards within the care sector. As the independent regulator of health and social care services in England, the CQC ensures that care providers meet fundamental standards of quality and safety, including stringent data protection requirements. For those who may be seeking a safe and high-quality care setting for a loved one, they know they can trust any service rated as ‘Good’ or ‘Outstanding’ by the CQC.

Key CQC regulations on data protection

Data Protection is a crucial component of the wider CQC assessment framework. This framework is made up of five key lines of enquiry which assess whether a care service is safe, effective, caring, responsive, and well-led. The domain of ‘safe’ specifically examines how care providers protect people from abuse and avoidable harm.

• Safeguarding: This involves measures to protect individuals from abuse to ensure their safety and well-being. Effective data protection practices are crucial for safeguarding, as mishandling data can lead to exploitation and harm
• Safe systems, pathways, and transitions: This is achieved through effective data governance. Robust data management systems and processes should be in place to maintain safety across all aspects of care, from initial assessment to discharge and beyond
• AccountabilityPerhaps the most important GDPR principle, which requires controllers to take responsibility for complying with the GDPR and, document their compliance.: This requires clear lines of responsibility and oversight to ensure compliance with data protection laws and CQC regulation expectations. Regular audits should be conducted, and any gaps or issues promptly addressed

The CQC regulations are very much intertwined with broader data protection laws such as the General Data Protection RegulationRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). (GDPR). The GDPR sets out strict requirements for data protection, emphasising principles such as lawfulness, fairness, transparency, data minimisationThe third GDPR principle, requiring organisations to only collect the personal data that is truly necessary to fulfill each purpose for data processing., accuracyIn data protection terms, the concept of ensuring data is not incorrect or misleading., storage limitationThe fifth GDPR principle which requires organisations to only store data for as long as it is needed., integrity, and confidentiality.

Maintaining these core principles is crucial, not only for legal compliance, but for upholding trust and integrity in the care provided.

Visit The DPO Centre’s free resource for more information on the GDPR

Why is data protection crucial in the care sector?

We all recognise that individuals receiving care services are some of the most vulnerable in society and why protecting their data is so important. Sensitive personal information must be handled with the utmost diligence, ensuring confidentiality and security to maintain trust and safeguard well-being.

Care settings often share highly sensitive information, including:

• Medical Records: These records contain detailed information about a patient’s health history, treatments, and medications
• Personal Details: This can include names, addresses, contact information, and financial data
• Care Plans: These plans outline the specific needs and services required by each individual, encompassing both medical and personal care aspects

Mishandling this sensitive data can lead to significant risks including identity theft, financial fraud, and emotional distress. Data integrity issues can also pose even greater risks to patient well-being with issues including misdiagnosis, unnecessary tests or interventions, treatment delays, incorrect medication, and even wider public health risks such as quarantine requirements.

Data breach risks

Data breaches within the care industry can cause significant threats to patient privacy and organisational integrity. Such incidents not only undermine trust between healthcare providers and patients, but also expose organisations to potential regulatory penalties.

In August 2022, Isle of Man care provider Manx Care faced a data breach, following an incident with an insecure email attachment. A patient’s private medical details were mistakenly sent to over 1800 recipients, which resulted in a significant violation of privacy and a fine from the Isle of Man’s regulatory authority.

How to stay compliant: Best practices for data protection in the care industry

What can you do to ensure maximum data protection compliance?

There are a number of measures you can take, from simpler tasks like staff training to more complex tasks relating to your policies and procedures. Let’s take a closer look at some of these best practices:

1. Robust data protection policies and procedures

To effectively evidence that the care service meets both the requirements of the CQC and complies with the General Data Protection Regulation (GDPR), your policies and notices should detail how data is collected, stored, accessed, and shared by your organisation.

Include clear guidelines on data handling and incident response. Ensure there are explicit offline procedures to guarantee continuity of care, and regularly review the documents, updating whenever necessary.

If you are unsure whether your policies meet the requirements, check the CQC Guidance

2. Regular Staff Training

Training staff on data protection best practices is crucial. All employees, from administrative staff to frontline care workers, must understand the importance of data protection and how to implement it in their daily tasks, always ensuring the appropriate use of patient data.

Regular training sessions should cover topics such as recognising phishingA type of scam where attackers try to deceive people into revealing sensitive information or installing malicious malware. Phishing attacks are most commonly delivered by email. attempts, securing physical and digital records, and responding to data breaches. Empowering staff with knowledge and skills ensures everyone in the organisation contributes to maintaining data security.

3. Audits and assessments

Regular audits and assessments are vital to maintain compliance with CQC regulations and to identify areas for improvement. These audits should evaluate the effectiveness of current data protection measures, explore potential vulnerabilities, and ensure that all practices align with regulato­­­­­­­­ry standards.

By conducting regular assessments, care providers can stay ahead of potential issues, identify trends, and continuously improve their data protection strategies.

4. Outsourced data protection specialists

Using outsourced data protection professionals to support and enhance data governance is often an efficient solution for many care establishments, especially larger organisations.

Outsourcing to specialists like The DPO Centre can support and maintain your data protection governance, providing comprehensive data protection policies for your service, staff training, and regular audits.

Not only that but engaging an outsourced data protection professional will free-up your time, allowing you to focus on what truly matters – providing high-quality care.

The DPO Centre is a leading Data Protection Officer resource centre, providing expert data protection and privacy advice, along with access to skilled and experience resources whenever you need it.

This blog was guest written by Affinity Care Advisory, the CQC compliance experts. For more information about their services, visit Affinity Care Advisory.

The DPO Centre provides a wide range of outsourced data protection services for medical and healthcare organisations, including Data Protection Officers (DPOs), data protection consultancy, and training. Contact us for more information.

______________________________________________________________________________________________________________________________

In case you missed it… 

• NHS DSPT: A guide to the latest requirements and avoiding common mistakes
• DSAR exemptions: When can information be withheld?
• Data Retention and the GDPR: Best practices for compliance 

______________________________________________________________________________________________________________________________

For more news and insights about data protection follow The DPO Centre on LinkedIn