Privacy Policy and Procedure
Pride Home Care Limited
Last Reviewed: 21 January 2026 Last Amended: 21 January 2026 Review Interval: Annual Reason for Review: Scheduled review Risk Level: LOW — Minimal action required. Circulate information amongst relevant parties.
Summary of Changes
Changes have been made to sections 5.1, 5.5, 5.7, 5.8 and 5.9. The references and further reading links have been checked and updated.
Relevant Legislation
- Care Act 2014
- Equality Act 2010
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Human Rights Act 1998
- Mental Capacity Act 2005
- Data Protection Act 2018
- UK GDPR
References
1. Purpose
1.1 To support the human rights of the Service User and ensure that Pride Home Care Limited complies with legislation and regulation in relation to the privacy of individuals.
1.2 This policy covers the day-to-day considerations of ensuring privacy whilst supporting Service Users. This policy should be read in conjunction with the suite of associated policies and procedures at Pride Home Care Limited, such as UK GDPR in relation to data protection and information sharing.
Relevant Legislation:
- Care Act 2014
- Equality Act 2010
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Human Rights Act 1998
- Mental Capacity Act 2005
- Data Protection Act 2018
- UK GDPR
2. Scope
Roles Affected: All Staff
People Affected: Service Users
Stakeholders Affected:
- Family
- External health professionals
- Local Authority
- NHS
3. Objectives
3.1 To reinforce the requirement, in accordance with professional codes of conduct, to ensure that privacy is maintained as per the Service User’s wishes.
3.2 To provide clarity and standard practice recommendations to staff at Pride Home Care Limited to ensure that Service Users have dignity and privacy when they need and want it. This policy is fully aligned with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 10: Dignity and Respect.
3.3 To ensure that Service Users’, employees’ and stakeholders’ personal data and information is treated with the same level of protection around privacy.
4. Policy
4.1 Pride Home Care Limited recognises the right of Service Users to be left alone, undisturbed and free from intrusion and public attention. The Service User also has a right to privacy with regard to their personal affairs, data and their belongings.
4.2 Staff will adhere to the human rights of individuals and work in accordance with professional codes of conduct, the Information Commissioner’s Office (ICO) guidance, UK GDPR and Data Protection Policies and Procedures at Pride Home Care Limited. Intentional breaches of privacy will be fully investigated with appropriate bodies informed and lessons learnt.
5. Procedure
5.1 Care Planning at the Start of a Service
- The needs of the Service User regarding privacy will always be considered during the pre-service visit assessment stage to ensure that Pride Home Care Limited can effectively meet the person’s needs
- This assessment will include what information about them can be shared and with whom, including the Service User providing formal consent to share information. Where capacity is an issue, the principles of the Mental Capacity Act and associated best interest guidance will be followed
- Preferred Service User wishes must be communicated to other relevant staff at Pride Home Care Limited
- Where possible, the pre-service assessment process will be completed in a private area where the Service User can feel able to discuss areas of their care needs. This is particularly relevant if an assessment is taking place in a hospital or respite setting prior to discharge home
- The pre-service assessment will be used to form the basis of the Care Plan
5.2 Service User Rights
- Service User choices in relation to privacy will be respected at all times and all information relating to them will be treated in a confidential manner
- Pride Home Care Limited recognises the right of Service Users to be left alone, undisturbed and free from intrusion and public attention. The Service User also has a right to privacy with regard to personal data and both personal affairs and belongings
5.3 Staff Expectation, Behaviour and Professionalism
- Staff will follow professional codes of conduct as well as operational policies and procedures at Pride Home Care Limited when considering privacy for Service Users. This includes all staff expectations around professionalism of communication
- Staff will only discuss Service Users in the work environment if it is for the purpose of assessment, management and evaluation of care
- Staff will not discuss any aspect of the Service User’s care outside of the work environment
5.4 Records Management
- Records will be designed, used and stored in a manner which assures privacy
- Records will only be made available to the Service User’s family and main Care Worker according to the wishes of the Service User, or if information requests fulfil the legal requirements for doing so
- Staff can refer to the Record Keeping Policy and Procedure for further information and guidance
- Information sharing with appropriate health professionals will be done in line with UK GDPR and Data Protection Policies and Procedures at Pride Home Care Limited
5.5 Personal Care and Privacy
- Particular attention will be given to preserving privacy during the use of bathrooms, toilets and when supporting any aspect of personal care. At the same time, health and safety and personal risk management will be considered and discussed
- Staff will ensure, with Service User consent, that curtains, blinds and doors are closed in order to ensure privacy during personal care and moving and handling
- Any personal and sensitive items that may be deemed necessary, such as care equipment (for example continence aids, catheters, dressings), will be kept out of view at all times to ensure that privacy is maintained
- Staff will always knock on the Service User’s door and await a response before entering the room. Privacy will be respected around the Service User’s home at all times
5.6 Photography and Filming
Staff can refer to the policies available with regard to privacy, photography, filming and the use of CCTV at Pride Home Care Limited and to relevant CQC guidance.
5.7 Breach in Privacy
- Any breach in the privacy of the Service User will be considered a serious event. The incident will be fully investigated in accordance with UK GDPR, Data Protection Policies and Procedures at Pride Home Care Limited, and there will be evidence available about what has been learnt to ensure that the risk of reoccurrence is reduced. Disciplinary action will be taken where the incident is considered to have been caused with intent
- Any environmental or equipment fault which reduces the privacy of any Service User must be reported to the Registered Manager or senior member of staff
- Breaches of privacy of a serious nature will be referred to the local Safeguarding Board and appropriate regulatory body notifications will be completed by Tessa Lucas or delegated other, who has the relevant skills, knowledge and experience
5.8 Training and Education
- Privacy forms part of the Care Certificate for care workers. New staff will be assessed on this and those who have not already completed this will be expected to achieve this unit
- Staff will be expected to review their professional code of conduct and be aware of what this means in practice
- Training will be given with regard to UK GDPR and Data Security and Protection
- Privacy will form part of the supervision process agenda at Pride Home Care Limited as well as at staff and Service User meetings in order to review practice, seek feedback and determine quality assurance
5.9 Capacity and Privacy
The same rights of privacy apply to people who are proven to lack capacity. Staff must therefore do the following:
- Establish any previously expressed views or wishes of the individual regarding privacy from family and others
- Observe Service User behaviours to identify what the preferences may be for that person wishing to have privacy
- Continue to follow the core principles and practices as detailed within this policy, if deemed to be in the best interests of the Service User to do so (in accordance with the Mental Capacity Act) when weighing up privacy. Refer to associated policies and procedures for further guidance
6. Definitions
6.1 Privacy In literal terms, privacy is defined as a state in which one is not observed or disturbed by other people, or the state of being free from public attention. For the purposes of health and social care, privacy is very personal and means different things to different people. Therefore, in order to respect people, privacy services need to be personalised as much as possible.
6.2 Care Certificate The Care Certificate identifies a set of standards that social care and health workers follow. It describes the minimum standards that should be covered as part of the induction training of new care workers.
6.3 Human Rights Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life. They can never be taken away, although they can sometimes be restricted — for example, if a person breaks the law, or in the interests of national security. These basic rights are based on values like dignity, fairness, equality, respect and independence. In Britain our human rights are protected by the Human Rights Act 1998.
6.4 Information Commissioner’s Office The ICO is the UK’s independent body set up to uphold information rights in the public interest. This covers the following legislation:
- Data Protection Act
- Freedom of Information Act
- Privacy and Electronic Communications Regulations
- General Data Protection Regulation (UK GDPR)
- Environmental Information Regulations
- INSPIRE Regulations
- eIDAS Regulation
- Re-use of Public Sector Information Regulations
- NIS Regulations
- Investigatory Powers Act
7. Key Facts — Professionals
Professionals providing this service should be aware of the following:
- It is a fundamental right for everyone to have privacy and as professionals, your role is to promote and adhere to this right
- Your professional codes of conduct refer to your accountability in relation to supporting people with maintaining privacy
- The environment where Service Users are supported needs to accommodate the ability to promote privacy
- Any breach of a person’s privacy is a serious event and will be fully investigated to ensure there is a period of learning, reflection and change in practice
8. Key Facts — People Affected by the Service
People affected by this service should be aware of the following:
- You have full rights to privacy. Staff will discuss what your wishes are around this and what that means for you
- Information about you will only be shared with your permission, or if you are unable to give permission, when it is deemed to be in your best interest to do so
- Staff supporting you will respect your privacy wishes and support you in providing environments that are private
Further Reading
Outstanding Practice
To be outstanding in this policy area you could provide evidence that:
- Staff follow the principles and practices of this policy
- Service Users are provided with an opportunity to feedback their experiences in relation to privacy in order for practice review and quality assurance
- Privacy forms a core agenda item for staff meetings, training and supervisions
- Regular audits take place that review the privacy practices at Pride Home Care Limited
- The wide understanding of the policy is enabled by proactive use of the QCS App
