Version 1 2018 | Last reviewed: June 2018
The data controller and processor is Charissa Russ Counselling and Psychotherapy, registered with the Data Protection Commissioner, registration number 60380.
If you have any queries regarding the information provided here, please telephone 07829 88 77 44 or email firstname.lastname@example.org
The Data Protection (Jersey) Law 2018 gives us specific rights in relation to our personal information and places certain obligations and responsibilities upon Charissa Russ Counselling and Psychotherapy when collecting and processing your information and data. It is a requirement that you are provided with accurate and up to date information about the data Charissa Russ Counselling and Psychotherapy will collect about you and how it will be used. If, after reading this policy, you have further queries about the collection, use and storage of your data, please make contact to discuss any outstanding queries you may have.
Why is personal data collected?
Charissa Russ Counselling and Psychotherapy collects and processes your personal data for customer and client administration purposes and for the purposes of providing healthcare in order to deliver the best possible service to potential and existing clients of the practice.
How and when is personal information collected?
Personal information is collected from you
- when you make contact via the ‘contact me’ or ‘book online’ pages of the website counsellingpsychjersey.com
- when emails are sent to email@example.com
- when enquiries are made by phone or in person
Charissa Russ Counselling & Psychotherapy may also receive your personal information indirectly and in the following circumstances:
- upon receipt of a referral on your behalf for counselling & psychotherapy, for example from your GP or other health care providers or charities you are engaged with
- when liaising health insurance providers if you have decided to proceed with therapy on the basis of claiming against your health insurance policy.
What personal information is collected and processed?
Personal information which identifies you as you will be collected and is likely to include the following:
- Name, preferred name if different, address, contact phone numbers, date of birth, email address, emergency contact and next of kin contact, occupation etc.
Due to the nature of the business, Charissa Russ Counselling and Psychotherapy will also collect data which is considered to be sensitive and may include:
- Information about your physical and mental health, details about previous treatment and care you have received. Other personal information such as your alcohol consumption, any disabilities you may have, your religion or ethnic origin, your gender or sexual orientation may also be collected.
Again, the purpose for collecting and storing your personal and sensitive data is to ensure Charissa Russ Counselling and Psychotherapy have a full and rounded picture of you. This enables the most appropriate and informed decisions to be made with you about the treatment you receive from Charissa Russ Counselling and Psychotherapy.
It is assumed if sensitive data is provided to Charissa Russ Counselling and Psychotherapy on your behalf by a third party, for example a GP or other healthcare provider, that they have sought your consent to provide your data and sensitive information. Charissa Russ Counselling and Psychotherapy will not be held responsible in any way for issues arising from failure of another party to obtain your consent prior to sharing your information with Charissa Russ Counselling and Psychotherapy.
How is my data and information used?
Your personal and sensitive data is collected and used in order for Charissa Russ Counselling and Psychotherapy to correspond with you and to decide if it is appropriate to proceed and enter into a therapeutic contract to work together.
If a therapeutic contract is agreed, your personal and sensitive data and information will be used to make the most appropriate decisions with you about the psychological care delivered to you by Charissa Russ Counselling and Psychotherapy.
It is also possible that the information you provide may be used to:
- send you appointment reminders and correspond with you about your treatment
• to report and investigate complaints, claims and untoward incidents if they arise
• to report information to the appropriate authorities when required to do so by law.
All efforts will be made to protect and preserve your confidentiality, unless there is a legal basis that permits your data to be used and shared. In such circumstances, only the minimum information necessary to the circumstances will be used and shared.
If you have selected to have the cost of your therapy with Charissa Russ Counselling and Psychotherapy settled via your health insurance provider, please be aware your insurance company will likely request information about your treatment to be shared with them. Please contact your particular health insurance company for further information as the requirements, and how they may use your data and information, vary between the different companies.
Charissa Russ Counselling and Psychotherapy stores all information as confidential data in locked storage, password protected or encrypted documents and files. Data is destroyed at the end of the data retention period (see below) as confidential waste or will be deleted and/or ‘put beyond use’ (not retrieved or used) by Charissa Russ Counselling and Psychotherapy.
Is my information shared, and if so, with whom and why?
In the main, Charissa Russ Counselling and Psychotherapy is required to protect your personal information and your data, allowing you to decide if and how your personal information can be shared.
In some instances, however, it may be necessary and in your best interests, to share your data with other healthcare professionals and organisations in order to support your psychological needs, for example GP and or secondary care mental health services. In such circumstances, the minimum relevant data will be shared to meet this purpose and you will be informed of this possibility.
Other circumstances in which your data would be shared with third parties would be if required by law or if necessary to protect your vital interests or that of others, for example children or vulnerable adults. Where possible your consent would be requested prior to making a disclosure, however in such instances it is not always possible to obtain prior consent.
In addition, there may be rare occasions in which Charissa Russ Counselling and Psychotherapy is required to share your data and information due to a legal requirement, for example if there is an overriding public interest to prevent abuse or serious harm, or, in the event of being issued with a court order etc. It is important to note that in such cases it is possible that sensitive information from your session notes, kept in accordance with registered professional body guidelines, may be made available to relevant services. Charissa Russ Counselling and Psychotherapy will endeavour, where the law permits, to keep you informed of any requests made for information sharing.
Your personal and sensitive data may be discussed with a senior practitioner if consultation is required during the course of your treatment. This is to ensure you are being provided with appropriate and timely interventions from Charissa Russ Counselling and Psychotherapy. Such practitioners are bound by the same codes of ethics and conduct of the profession, in addition to the relevant data protection legislation.
Finally, in the event of Charissa Russ Counselling and Psychotherapy becoming suddenly unable to work or in the event of Charissa’s death, a named colleague, acting as private practice executor, will be provided with a notebook from a secure storage containing the names and contact details of current clients. This is enable you to be informed of the situation and discuss with you your treatment options going forward to maintain your well-being.
What about my financial data when I pay online?
Financial transactions relating to Charissa Russ Counselling and Psychotherapy website and services are handled by Paypal. Transaction data with Paypal will be shared only for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. Information about the payment services providers’ privacy policies and practices can be found at: https://www.paypal.com/en/webapps/mpp/ua/privacy-full
How long is my data stored?
If we decide not to enter a therapeutic contract together, your personal and sensitive data and information will be destroyed as confidential waste or, if supplied electronically will be deleted and/or ‘put beyond use’ (not retrieved or used) by Charissa Russ Counselling and Psychotherapy within five working days of the decision not to proceed.
If a decision to proceed to enter a therapeutic contract together is made, your personal and sensitive data and information will be kept for a period of 8 years after treatment is completed. This timeframe is in accordance with the Department of Health, Information Government Alliance Records Management Code of Practice for Health and Social Care, which serves as a source for professional best practice. In the event that a client of Charissa Russ Counselling and Psychotherapy be under the age of 18 years, records will be kept for a period of 8 years after the date of the 18th birthday, or upon 8 years after treatment is completed, whichever is the longest.
What rights do I have?
Under the new Data Protection (Jersey) Law 2018, your rights regarding the information held about you have been improved, however there are exceptions and exemptions with some of the rights which you can read more about at https://thinkgdpr.org or ico.org.uk
Some of your rights include:
- The right to request access to the data held about you.
- The right to request that any inaccurate information held about you be updated and amended and this should be completed within one month. Please note this is not an absolute right.
- The right to have your data erased applies in certain circumstances. Please note, this is not applicable where there is a lawful reason for your data to be maintained. For example, the right of Charissa Russ Counselling and Psychotherapy to retain data for the agreed period in the event of making a defensive case against complaints.
- In certain circumstances you have the right to request the restriction of the processing of your personal data.
- The right to data portability, for example transferring your information to another provider, applies only to data you as an individual have supplied to Charissa Russ Counselling and Psychotherapy as a Controller.
- The right, in certain circumstances, to object to your personal data being processed.
- The right to withdraw your consent for the sharing of your information, however there are exceptions to this right. Charissa Russ Counselling and Psychotherapy will always seek to obtain your consent if it is the intention to share your data and information beyond the purpose outlined in the information sharing section above. It is the nature of the business of counselling and psychotherapy that consent be revisited from time to time, dependent upon how the therapeutic process unfolds. It is likely that you will be asked to provide both verbal and written consent and that in certain circumstances you will be given the option to refuse or withdraw your consent and the possible consequences of such action will be explained to you by Charissa Russ Counselling and Psychotherapy.
Queries and Concerns and Contact
Should you have any queries about how your data has been used by Charissa Russ Counselling & Psychotherapy, please do make contact by telephone (07829 88 77 44) or email (firstname.lastname@example.org)
If you are dissatisfied with how your concerns are addressed in relation to your data you can contact the Office of the Information Commissioner.
Office of the Information Commissioner
Telephone: 01534 716530
Links to other websites
Further information regarding the legislation in Jersey can be found at https://oicjersey.org
Further information regarding the UK stance on the European Union’s General Data Protection Regulation (GDPR) can be found at https://ico.org.uk
The Data Protection (Jersey) Law 2018 and the Data Protection Authority (Jersey) Law 2018, have been enforced to provide us with the equivalent protection to the European Union’s General Data Protection Regulation (GDPR) and Law Enforcement Directive.