The General Data Protection Regulation is implemented in the UK by the Data Protection Act 2018. I take data protection seriously and I am committed to protecting your personal data. This Privacy Notice sets out how I collect, retain and process your personal data when you get in touch with me for counselling and psychotherapy services and the rights you have in relation to that data.
As a registered member of the British Association for Counselling and Psychotherapy (BACP), I abide by their standards and ethical requirements which include the strict guidance on the requirements of confidentiality. You can find their Codes of Ethics on their website: http://www.bacp.co.uk. I am registered with Information Commission Office (ICO) and I fully comply with data protection legislation and therapeutic confidentiality guidelines.
Your Personal Data
For the purposes of providing counselling and psychotherapy I may request the following data, please note that you are under no obligation to provide this information, but it may assist the therapeutic process and/or help to support you:
- Name, gender (or preferred identity), sexuality, date of birth
- Address, next of kin contact details, telephone / mobile number, email address
- GP details, medical conditions, prescribed medication, previous experience of mental health treatment / diagnosis
- Counselling and personal history, including relationships and family (past and present), issues you have come to therapy for.
How I store your personal information
I will process personal data for the duration of any counselling and psychotherapy. After the therapy ends, I will continue to store for seven years only the personal data needed to meet any legal or regulatory obligations.
After this period, all personal data will be deleted or destroyed, unless basic information needs to be retained by me to meet my future obligations to you, such as erasure details.
All data is held securely in the United Kingdom. Data is encrypted and/or password protected. Any physical notes are held and stored securely.
How I get the personal information and why I have it
Most of the personal information I process will be provided directly by you. Under the UK General Data Protection Regulation (UK GDPR), the legal bases I rely on to process your information are:
- for the purposes of delivering counselling and psychotherapy services;
- for my legitimate interest in managing, quality assuring and supervising these services; and
- to comply with my legal obligations and the Codes of Ethics of BACP.
Confidentiality
The confidentiality of information relating to you is of paramount concern to me and I am committed to ensuring that your information is secure and strictly confidential.
I will not disclose your Personal Information, except under the professional arrangement with a supervisor with whom I discuss my client work and my supervisor is also bound by a confidentiality agreement.
In exceptional circumstances I might find myself in a position where I feel it is necessary to break our confidentiality agreement. For example, I have a legal duty to disclose information under the Children Act 1998, The Children (Scotland) Act 1995, the Terrorism Act 2000 and the Drug Trafficking Act 1994 (or other such legislation which may from time to time come into force). I may also disclose confidential information if I have reason to believe that you are at risk of causing serious harm to yourself or others; or where such disclosure is permitted by law and is required to protect my interest; or where disclosure is made at your request or with your consent.
Under those circumstances, ‘where possible’ I will discuss my concerns with you and keep the breach of confidentiality to a minimum.
Incapacity (of the therapist)
In the event of my incapacity (e.g. serious illness), or my death, my appointed therapeutic executor has been instructed to contact you to advise you of your options. They will also arrange for any personal information and notes to be destroyed.
Your data protection rights
At any point whilst I am in possession of, or processing your personal data, under data protection law, you have rights including:
- Right of access – you have the right to request a copy of the information that I hold about you.
- Right of rectification – you have a right to correct data that I hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data I hold about you to be erased from my records.
- Right to restriction of processing – where certain conditions apply you have a right to restrict the processing of data.
- Right of portability – you have the right to have the data I hold about you transferred to another individual or organisation.
Where the client is a couple, then any data remains the confidential material of the couple relationship and as such no one person may request access to personal data for disclosure to a third party.
You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. If I refuse your request under rights of access, I will provide you with a reason as to why, which you have the right to legally challenge. At your request, I can confirm what information I hold about you and how it is processed.
Contact
I will accept the following forms of identification (ID) when information on your personal data is requested: a copy of your driving licence, passport or birth certificate, together with a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required.
All requests should be made to me at: swaniyip@gmail.com
Consent
It is a requirement that you give your explicit consent to allow me to document and process your personal data. By agreeing to this Privacy Notice you are consenting to my processing your personal data for the purposes outlined. You can withdraw your consent at any time by giving me notice using the email address included in this Privacy Notice.
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