GDPR COMPLIANCE FOR CARE FACILITIES

Privacy Policy for Care Facilities
Aged Care, Mental Health, and Disability Services

Effective: 1 May 2025

1. Introduction

We, the (“Entity”), respect and protect the privacy of our residents, patients, and clients in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable national care regulations. This privacy policy explains how we manage personal data in the course of delivering care and support services.

2. Data Controller

The Entity is the Data Controller for all personal data processed in the course of service delivery and administration.

3. What Personal Data We Collect

We may process:

• Identification Data: Name, date of birth, national ID/passport, gender

• Contact Details: Home address, email, phone, emergency contacts

• Health and Social Care Data: Diagnoses, care plans, mental health records, mobility assessments, medication charts, incident reports

• Legal and Guardian Details: Court orders, power of attorney, guardianship, next of kin

• Behavioral and Activity Data: Participation in programs, mobility, interaction patterns (where monitored)

• CCTV Footage: For resident safety (clearly signposted)

• Children’s or Vulnerable Adult Data: Always managed under enhanced safeguarding protocols and with guardian consent

Sensitive data is processed in line with safeguarding and care regulations.

4. Lawful Basis for Processing

We process your data under:

• Consent (Art. 6(1)(a), Art. 9(2)(a)) – for optional services or communications

• Contractual Necessity (Art. 6(1)(b)) – service agreements and placements

• Legal Obligation (Art. 6(1)(c)) – reporting to social services, authorities

• Vital Interests (Art. 6(1)(d)) – emergencies, safeguarding concerns

• Health and Social Care (Art. 9(2)(h)) – care delivery

• Public Interest in Public Health and Social Protection (Art. 9(2)(i))

5. Purposes of Data Processing

We use data to:

• Deliver residential and clinical care

• Develop and monitor individual care plans

• Maintain medication and incident records

• Comply with regulatory inspections and safety obligations

• Coordinate with families, guardians, and case workers

• Plan meals, activities, and personalized support

• Handle billing, funding, and benefits administration

6. Data Sharing and Recipients

We may share your data with:

• Healthcare professionals, therapists, GPs

• Family members and guardians (with consent or legal authority)

• Local authorities and safeguarding boards

• Regulatory bodies and inspectors (e.g., health ministries)

• Third-party care software providers

All third parties are bound by Article 28 GDPR-compliant contracts.

7. Data Retention

• Care Records: Retained for 10–20 years post-discharge/death in line with care sector rules

• Safeguarding/Incident Reports: Retained in line with statutory guidance (often 25 years)

• Financial Records: Retained for 6 years

• CCTV Footage: Typically 30–90 days unless extended for investigation

8. Data Subject Rights

Individuals (or guardians) have the right to:

• Access data (Art. 15)

• Rectify data (Art. 16)

• Erase data (Art. 17), subject to recordkeeping laws

• Restrict processing (Art. 18)

• Object (Art. 21)

• Withdraw consent (Art. 7(3))

Contact: [DPO Contact Information]

9. International Transfers

We do not normally transfer personal data outside the EEA. If needed (e.g., cross-border relatives or support), we use:

• SCCs or approved adequacy mechanisms

• Explicit consent

10. Data Security

Our safeguarding and security practices include:

• Role-based access and encrypted care records

• Staff vetting and training on confidentiality

• Secure storage for paper and digital records

• CCTV policies consistent with resident dignity

11. Data Breach Notification

Any breach of sensitive data is reported to the relevant Supervisory Authority within 72 hours and to individuals where required.

12. Automated Decision Making

We do not use automated decision-making that impacts your rights. All care decisions are made by professionals.

13. Data Protection Impact Assessments (DPIA)

DPIAs are conducted for:

• New digital care tools

• Behavioral monitoring technologies

• High-risk resident profiles

14. Cookies and Website Tracking

We use cookies and similar tracking technologies strictly for essential website functionality, security, and analytics. No profiling or advertising cookies are used without your prior explicit consent.

15. Complaints

You may lodge a complaint with your Supervisory Authority if you believe your rights are infringed via CONTACT SUPERVISORY AUTHORITY below.

16. Use of Artificial Intelligence (AI) and Automated Tools

We may use Artificial Intelligence (AI) or automated technologies to support the delivery, analysis, or improvement of our services. Any deployment of AI is conducted in accordance with applicable laws, including the GDPR and forthcoming EU AI Act, and is subject to the following safeguards:

• Transparency: Where AI tools are used to process personal data (e.g., chatbots, service optimization, fraud detection), individuals are clearly informed at the point of interaction.

• Human Oversight: All AI-supported functions are subject to human review and final decision-making. No fully automated decisions with legal or similarly significant effects are taken without human intervention.

• Fairness and Accuracy: AI systems used by the Entity are regularly monitored to ensure outputs are non-discriminatory, accurate, and aligned with intended purposes.

• Data Minimization: Personal data used in AI models is limited to what is strictly necessary, and anonymization or pseudonymization is applied wherever feasible.

• Third-Party AI Providers: If AI services are sourced from external vendors, they are required to comply with our data protection standards and are bound by GDPR-compliant agreements (Art. 28).

• Rights of Individuals: Data subjects retain all applicable GDPR rights, including the right to object to automated processing (Art. 21) and to receive meaningful information about the logic and implications of any AI-supported decisions (Art. 22).

This clause will be updated as legal frameworks governing AI continue to evolve.

17. Updates
This policy is reviewed annually and updated to reflect changes in law or service station operations.

We the ENTITY take your privacy seriously and treat your personal information with the same care and respect we would expect for our own. This policy has been developed to comply with relevant data protection laws in our jurisdiction and, where necessary, with those of other applicable regions. If you have any concerns or identify areas where you feel we may not be meeting our responsibilities, please don’t hesitate to get in touch using the contact methods listed at the end of this policy. We are committed to addressing any issues promptly and transparently.

A specialized compliance team has created this policy

1. Data Protection Officer (DPO) – Regulatory Oversight

• Ensures all policies strictly adhere to GDPR principles (lawfulness, transparency, data minimization, etc.)

• Coordinates legal review of lawful basis, data subject rights, international transfers

• Leads DPIA structure and breach protocols

2. Healthcare Compliance Specialist – Clinical & Sector-Specific Accuracy

• Aligns policies for clinics, hospitals, diagnostic labs, and CROs with EU healthcare-specific laws (e.g., MDR, IVDR)

• Validates handling of health data, pseudonymization, and patient consent

3. Cybersecurity Expert – Data Security & Technical Controls

• Reviews and enhances sections on encryption, access controls, breach response

• Assesses vulnerabilities in telemedicine, HealthTech, and device ecosystems

4. Clinical Trials Legal Advisor – Research & Ethics Governance

• Provides expert review of consent models, data minimization, and pseudonymization in CRO/trial sponsor contexts

• Validates retention and secondary use of trial data

5. Insurance & Claims Data Analyst – Financial & Claims Compliance

• Reviews insurance provider policy to ensure lawful processing of medical + financial data

• Checks fraud detection profiling, cross-border reinsurance handling

6. Social Care & Safeguarding Expert – Care Facilities Privacy

• Ensures care home, mental health, and disability service policies reflect safeguarding, social care, and public interest standards

7. Occupational Health Specialist – Employment Health Interface

• Validates lawful employer data access, fitness for work processing boundaries, and health/safety recordkeeping

8. Medical Device Regulatory Consultant – MDR/IVDR Alignment

• Ensures policies for device providers include obligations under EU Medical Device Regulation and post-market surveillance practices

9. Digital Health & AI Legal Advisor – Emerging Tech Compliance

• Checks AI/algorithmic decision-making disclaimers in telemedicine & HealthTech

• Ensures policies reflect EU AI Act intersections where applicable

10. Cross-Border Transfers Specialist – International Data Governance

• Verifies compliance mechanisms for SCCs, BCRs, and adequacy decisions across all entities transferring data internationally